In re Melvin

• Decision Date: 30 August 2012
• Docket Number: No. 5 JD 12.,5 JD 12.
• Citation: 57 A.3d 226
• Parties: In re Joan Orie MELVIN, Justice of the Supreme Court of Pennsylvania.
• Court: Pennsylvania Court of Judicial Discipline

57 A.3d 226

In re Joan Orie MELVIN, Justice of the Supreme Court of Pennsylvania.

No. 5 JD 12.

Court of Judicial Discipline of Pennsylvania.

Aug. 30, 2012.

Before CURRAN, P.J., MORRIS, CLEMENT, JR., McGINLEY, CELLUCCI, and McCUNE, JJ.

PER CURIAM.

AND NOW, this 30th day of August, 2012, upon consideration of the Petition for Relief of the Judicial Conduct Board Requesting Interim Suspension Without Pay of the above-named Judicial Officer, the Respondent's Response to Per Curiam Order of Hearing on Suspension and Pay Issues, the Judicial Conduct Board's Response thereto, the Judicial Conduct Board's Pre-Hearing Statement and Motion for Continuance, the Respondent's Concurrence thereto, and upon consideration of the Respondent's Hearing Brief for August 14, 2012 Argument on Suspension and Pay Issues and Respondent's Supplemental Hearing Brief, and after oral argument, it is hereby ORDERED that:

1. The Petition for Relief of the Judicial Conduct Board Requesting Interim Suspension Without Pay is hereby granted.

2. Pursuant to the authority of Article V, §18(d)(2) of the Pennsylvania Constitution, Justice Joan Orie Melvin is hereby SUSPENDED WITHOUT PAY from the date of this Order until further Order of this Court.

3. The medical benefits of the Respondent shall not be suspended during the effectiveness of this Interim Order.

ORDER

OPINION BY Judge CURRAN.

I. INTRODUCTORY STATEMENT

We have before us the Petition of the Judicial Conduct Board (“Board”) for an Interim Order Suspending Respondent, Justice Joan Orie Melvin, from her judicial office Without Pay. The Board seeks this order under Article V, § 18(d)(2) of the Pennsylvania Constitution. That section provides:

Prior to a hearing, the court may issue an interim order directing the suspension, with or without pay, of any justice, judge or justice of the peace against whom formal charges have been filed with the court by the board or against whom has been filed an indictment or information charging a felony. An interim order under this paragraph shall not be considered a final order from which an appeal may be taken.¹

II. FINDINGS OF FACT

1. Since January 2010, Justice Orie Melvin has served as a Justice of the Supreme Court of Pennsylvania. Prior to her election to the Supreme Court, Justice Orie Melvin served as a Judge of the Superior Court of Pennsylvania from January 1998 until December 2009. Before her service on the appellate courts, Justice Orie Melvin served as Judge of the Court of Common Pleas of Allegheny County and as a Magistrate Judge for the City of Pittsburgh.

2. In 2003, while a sitting Superior Court Judge, Justice Orie Melvin campaigned for election to the Supreme Court of Pennsylvania, but she was unsuccessful.

3. In 2009, while a sitting Superior Court Judge, Justice Orie Melvin campaigned for election to the Supreme Court of Pennsylvania and was successful.

4. During Respondent's 2003 and 2009 campaigns her sister, Janine Orie, was employed as office manager of Respondent's judicial office.

5. During Respondent's 2003 and 2009 campaigns her sister, Jane Orie, was employed as a member of the Senate of Pennsylvania.

6. During both the 2003 and 2009 campaignsRespondent had a judicial staff which included secretaries and law clerks, all employed by the Superior Court of Pennsylvania, including Lisa Sasinoski, Cathy Skidmore, Kathy Squires, Molly Creenan and John Degener.

7. During both the 2003 and 2009 campaigns Senator Jane Orie Melvin had a legislative staff, all employed by the Senate of Pennsylvania, including Susan Cochran, Jason Davidek, Josh Dott, Jamie Pavlot, Barbara Brown and Ginger Hope.

8. The 2003 and 2009 campaign activity of sisters, Respondent Joan Orie Melvin, Janine Orie, and former Senator Jane Orie, was the subject of an investigation by the Allegheny County District Attorney's Office and the 2010 Allegheny County Investigating Grand Jury (the Grand Jury) for potential violations of the Pennsylvania Crimes Code, Title 18 Pa.C.S.A., having to do with the alleged use of Commonwealth paid-employees of Justice Orie Melvin and former Senator Orie to perform political campaign work for Justice Joan Orie Melvin while on Commonwealth time.

9. As a result of its investigation into the activity of Respondent, on May 17, 2012, the Grand Jury returned a Presentment in which it recommended that nine criminal charges be made against Respondent.

10. Based upon the said Recommendations of the Grand Jury, on May 18, 2012, the District Attorney of Allegheny County filed a Criminal Information in Allegheny County charging Respondent with the following crimes in nine Counts:

A. Theft of Services—Di version of Services [18 Pa.C.S.A. § 3926(b) ]—Felony of the Third Degree—3 Counts

Count 1. Having control over the disposition of services of others to which the Defendant was not entitled, the Defendant knowingly diverted such services valued in excess of $2000.00 to her own benefit when she utilized a member of her judicial staff, namely her sister, Janine Orie, to facilitate and promote then-Judge Joan Orie Melvin's election campaigns for a position on the Supreme Court of Pennsylvania at various diverse times in both 2003 and 2009.

Count 2. Having control over the disposition of services of others to which the Defendant was not entitled, the Defendant personally and also through accomplices Janine Orie and Jane Orie, knowingly diverted such services valued in excess of $2000.00 to her own benefit when at various diverse times she utilized members of her judicial staff, including Lisa Sasinoski, Molly Creenan, Kathy Squires, and others, to facilitate and promote then-Judge Joan Orie Melvin's political campaigns for a position on the Supreme Court of Pennsylvania during election cycles in both 2003 and 2009.

Count 3. Having control over the disposition of services of others to which the Defendant was not entitled, the Defendant personally and also through accomplices Janine Orie and Janie Orie, knowingly diverted such services valued in excess of $2000.00 to her own benefit when at various diverse times she utilized certain members of the Pennsylvania Senatorial staff of her sister, Senator Jane C. Orie, to facilitate and promote then-Judge Joan Orie Melvin's political campaigns for a position on the Supreme Court of Pennsylvania during election cycles in both 2003 and 2009, those legislative staffers including, but not being limited to, Sharon Cochran, Jason Davidek, Josh Dott and Jamie Pavlot.

B. Criminal Conspiracy to Commit Theft of Services—Diversion of Services—[18 Pa.C.S.A. § 903, 3926(b) ]—Felony of the Third Degree

Defendant conspired with co-conspirators Janine Orie and Senator Jane Orie, to direct staffers from both Judge Orie Melvin's Superior Court judicial staff, including Lisa Sasinoski, Molly Creenan, Kathy Squires and others, and also certain staffers from Senator Jane Orie's legislative staff including Sharon Cochran, Jason Davidek, Josh Dott, and Jamie Pavlot, to facilitate and promote Defendant's election campaigns for higher judicial office as a Justice of the Pennsylvania Supreme Court in both 2003 and 2009.

C. Criminal Conspiracy to Commit Tampering With Physical Evidence—[18 Pa.C.S.A. § 903, 4910]—Misdemeanor of the Second Degree

Defendant conspired with Senator Jane Orie, when, believing that an official investigation was pending or about to be initiated, encouraged or requested Jamie Pavlot to engage in conduct that would constitute the crime of Tampering With Physical Evidence, or that would establish Defendant's complicity in the said crime, when the Defendant, while on a telephone call with her sister, Senator Jane Orie and Senator Jane Orie's Chief of Staff Jamie Pavlot, told Pavlot to remove any political documents from two boxes of materials which Pavlot had removed from Senator Orie's senatorial district office on Sunday, November 1, 2009.

D. Criminal Solicitation to Tamper With or Fabricate Physical Evidence—[18 Pa.C.S.A. § 902 and 4910(1) ]—Misdemeanor of the Second Degree

With the intent of promoting or facilitating the crime of Tampering With Physical Evidence, the Defendant, believing that an official investigation was pending or about to be initiated, encouraged or requested Jamie Pavlot to engage in conduct that would constitute the crime of Tampering With Physical Evidence, or that would establish Defendant's complicity in the said crime, when the Defendant, while on a telephone call with her sister, Senator Jane Orie and Senator Jane Orie's Chief of Staff Jamie Pavlot, told Pavlot to remove any political documents from two boxes of materials which Pavlot had removed from Senator Orie's senatorial district office on Sunday, November 1, 2009.

E. Official Oppression [18 Pa.C.S.A. § 5301]—Misdemeanor of the Second Degree—2 Counts

Count 1. Defendant, personally and through accomplice Janine Orie, unlawfully subjected a member of then-Judge Joan Orie Melvin's Superior Court staff, to wit, Lisa Sasinoski, to infringement of her personal or property rights, and denied and/or impeded that member of Joan Orie Melvin's judicial staff in the exercise or enjoyment of her rights, privileges, powers or immunities, that is by requiring her to perform political and campaign related acts in 2003 that were prohibited by Pennsylvania Supreme Court Order of Court and Procedures for all court personnel and/or by requiring her to perform political and campaign related acts during office hours when use of state employees in that manner violated Pennsylvania criminal law, and/or by terminating her employment with the Court after she expressed concerns about such work.

Count 2. Defendant, personally and through accomplice Janine Orie, unlawfully subjected a member of then-Judge Joan Orie Melvin's Superior Court staff, to wit, Molly Creenan, to infringement of her personal or property rights, and denied and/or impeded that member of Joan Orie Melvin's judicial staff in the exercise or enjoyment of rights,...