In re McKnight
Decision Date | 08 February 2021 |
Docket Number | 1 JD 2021 |
Parties | IN RE: Judge Sonya M. McKnight Magisterial District Judge Magisterial District 12-2-04 12th Judicial District Dauphin County |
Court | Pennsylvania Court of Judicial Discipline |
TO: SONYA M. MCKNIGHT
You are hereby notified that the Judicial Conduct Board of Pennsylvania has determined that there is probable cause to file formal charges against you for conduct proscribed by Article V, § 17(b) and § 18(d)(1) of the Constitution of the Commonwealth of Pennsylvania, and the Rules Governing Standards of Conduct of Magisterial District Judges. The Board's counsel will present the case in support of the charges before the Pennsylvania Court of Judicial Discipline.
You have an absolute right to be represented by a lawyer in all proceedings before the Court of Judicial Discipline. Your attorney should file an entry of appearance with the Court of Judicial Discipline within fifteen (15) days of service of this Board Complaint in accordance with C.J.D.R.P. No. 110.
You are hereby notified, pursuant to C.J.D.R.P. No. 302(B), that should you elect to file an omnibus motion, that motion should be filed no later than thirty (30) days after the service of this Complaint in accordance with C.J.D.R.P. No. 411.
You are further hereby notified that within thirty (30) days after the service of this Complaint, if no omnibus motion is filed, or within twenty (20) days after the dismissal of all or part of the omnibus motion, you may file an Answer admitting or denying the allegations contained in this Complaint in accordance with C.J.D.R.P. No. 413. Failure to file an Answer shall be deemed a denial of all factual allegations in the Complaint.
COMPLAINT
AND NOW, this 8th day of February, 2021, comes the Judicial Conduct Board of the Commonwealth of Pennsylvania (Board) and files this Board Complaint against the Honorable Judge Sonya M. McKnight, Magisterial District Judge for Magisterial District 12-2-04, Dauphin County, Pennsylvania, alleging that Judge McKnight has violated the Rules Governing Standards of Conduct of Magisterial District Judges (RGSCMDJ) and the Constitution of the Commonwealth of Pennsylvania, as more specifically delineated herein.
FACTUAL ALLEGATIONS
1. Article V, § 18 of the Constitution of the Commonwealth of Pennsylvania grants the Board authority to determine whether there is probable cause to file formal charges, and, when it concludes probable cause exists, to file formal charges against a justice, judge, or justice of the peace for proscribed conduct and to present the case in support of such charges before the Court of Judicial Discipline.
2. From January 4, 2016, to the present, Judge McKnight has served continuously as a Magisterial District Judge for Magisterial District Court No. 12-2-04 in Dauphin County, Pennsylvania.
3. During the early morning hours of February 22, 2020, a Harrisburg Bureau of Police Officer observed a suspected violation of the Vehicle Code and suspected drug activity.
4. The location where the suspected violation of the Vehicle Code and suspected drug activity took place was within the jurisdiction of Judge McKnight's magisterial district.
5. Immediately thereafter, the police officer conducted a traffic stop of the vehicle which was driven by Kevin Baltimore, age 31.
6. Baltimore is the son of Judge Sonya M. McKnight.
7. Three other police officers arrived to assist with the vehicle stop.
8. While one police officer was checking Baltimore's identity on her car computer, the other police officers observed Baltimore make a telephone call.
9. Baltimore told the police officers that he had called his mother, that she was a magisterial district judge and that she was on her way to the scene.
10. Prior to Judge McKnight's arrival at the scene, she placed a telephone call to Thomas Carter, Harrisburg Bureau Police Commissioner.
11. During the aforementioned telephone call with Commissioner Carter, Judge McKnight informed him that her son had been stopped by police.
12. While the police officers were processing the vehicle stop, Judge McKnight arrived at the scene.
13. While at the scene, Judge McKnight questioned the officers as to why the traffic stop had been initiated.
14. While at the scene, Judge McKnight questioned the police officers as to why her son was being arrested.
15. When one of the police officers searched Baltimore, he found plastic baggies containing crack cocaine, a scale and a razor on Baltimore.
16. Judge McKnight was present when the officer who conducted the search of Baltimore's person reported the results of the search to the officer in charge of the scene.
17. Judge McKnight told the police officers that they should not be searching her son.
18. In spite of the fact that Judge McKnight had already spoken to Commissioner Carter, she asked one of the officers if Commissioner Carter was on duty.
19. While at the scene, Judge McKnight entered her son's vehicle and took possession of a pill bottle that contained an unknown quantity of unidentified pills without the permission of any of the police officers.
20. Judge McKnight did not return the pill bottle to any of the police officers.
21. While at the scene, Judge McKnight took possession of Baltimore's car keys and an unknown sum of cash that police had taken from Baltimore.
22. On February 22, 2020, Kevin Baltimore was charged with two violations of the Controlled Substance Device and Cosmetic Act and one violation of the Vehicle Code.
23. All of the police officers at the scene were aware that Judge McKnight was a magisterial district judge.
24. Judge McKnight's conduct and presence at the scene intimidated the officers.
25. The Pennsylvania Office of Attorney General (OAG) conducted a criminal investigation into Judge McKnight's February 22, 2020 conduct.
26. In furtherance of its investigation, on November 12, 2020, the OAG interviewed Judge McKnight regarding her February 22, 2020 conduct.
27. On December 16, 2020, the OAG charged Judge McKnight with Tampering with Evidence, 18 Pa.C.S.A. §4910, Obstructing Administration of Law, 18 Pa.C.S.A. §5101 and Official Oppression, 18 Pa.C.S.A. §5301 for her conduct on February 22, 2020. A copy of the Criminal Complaint is attached hereto as "Exhibit A," made a part hereof, and incorporated herein by reference as though set forth in full.
28. Each of the offenses filed on December 16, 2020 are second degree misdemeanors and carry a possible sentence of up to two years of incarceration and a possible fine of up to $5,000.
29. The Criminal Complaint alleges in part that Judge McKnight took advantage of her position as a judge while at the scene of her son's traffic stop on February 22, 2020, thereby allowing her to "move freely about the scene of the traffic stop because of her position as a Magisterial District Judge."
30. By Administrative Order dated December 17, 2020, in consideration of the Criminal Complaint filed against Judge McKnight, Dauphin County President Judge John F. Cherry placed Judge McKnight on administrative leave with pay. A copy of the Administrative Order is attached hereto as "Exhibit B," made a part hereof, and incorporated herein by reference as though set forth in full.
31. Rule 1921 of the Pennsylvania Rules of Judicial Administration (Rule 1921) mandates:
[w]henever a judge receives notice that he or she is the subject of any federal or state criminal investigation or prosecutionthrough a target letter, a subject letter, a presentment, an indictment, an arrest, a summons, a complaint, or by any other legal process, the judge must report the receipt of such notice in writing to the Chief Justice and to the Judicial Conduct Board within five (5) days.
32. Judge McKnight failed to comply with Rule 1921 and report to the Chief Justice of the Pennsylvania Supreme Court that she was the subject of a state criminal investigation.
33. Judge McKnight failed to comply with Rule 1921 and report to the Judicial Conduct Board that she was the subject of a state criminal investigation.
CHARGES
Count 1- Violation of Canon 1, Rule 1.1
34. By virtue of some or all of the conduct set forth above, Judge McKnight violated Canon 1, Rule 1.1 of the Rules Governing Standards of Conduct of Magisterial District Judges (RGSCMDJ).
35. Canon 1, Rule 1.1 states the following:
36. By failing to comply with Rule 1921 of the Pennsylvania Rules of Judicial Administration as set forth above, Judge McKnight failed to comply with the law within the meaning of Canon 1, Rule 1.1 of the RGSCMDJ.
Count 2 - Violation of Canon 1, Rule 1.237. By virtue of some or all of the conduct set forth above, Judge McKnight violated Canon 1, Rule 1.2 of the RGSCMDJ.
38. Canon 1, Rule 1.2 states the following:
39. By engaging in the conduct set forth above, Judge McKnight failed to promote confidence in the judiciary and avoid impropriety and the appearance of impropriety within the meaning of Canon 1, Rule 1.2 of the RGSCMDJ.
Count 3 - Violation of Canon 1, Rule 1.3
40. By virtue of some or all of the conduct set forth above, Judge McKnight violated Canon 1, Rule 1.3 of the RGSCMDJ.
41. Canon 1, Rule 1.3 states the following:
42. By engaging in the conduct set forth above, Judge McKnight abused the prestige of her judicial office within the meaning of Canon 1, Rule 1.3 of the RGSCMDJ.
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