In re Singletary

• Decision Date: 13 December 2012
• Citation: 61 A.3d 402
• Parties: In re Willie F. SINGLETARY, Former Traffic Court Judge, Philadelphia County.
• Court: Pennsylvania Court of Judicial Discipline

61 A.3d 402

In re Willie F. SINGLETARY, Former Traffic Court Judge, Philadelphia County.

Court of Judicial Discipline of Pennsylvania.

Oct. 9, 2012.

Sanctions Order Issued Dec. 13, 2012.

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

ORDER

AND NOW, this 9th day of October, 2012, based upon the Opinion filed herewith, it is hereby ORDERED:

That, pursuant to C.J.D.R.P. No. 503, the attached Opinion with Findings of Fact and Conclusions of Law be and it is hereby filed, and shall be served upon the Judicial Conduct Board and upon the Respondent;

That either party may elect to file written objections to the conclusions of the Court, stating therein the basis for those objections, provided that such objections shall be filed with the Court within ten (10) days of the date of the entry of this Order, and a copy thereof served upon the opposing party;

That, in the event such objections are filed, the Court shall determine whether to entertain oral argument upon the objections, and issue an Order setting a date for such oral argument;

That, in the event objections are not filed, within the time set forth above, the Findings of Fact and Conclusions of Law shall become final, and this Court will issue an Order setting a date, pursuant to C.J.D.R.P. No. 504, for a hearing on the issue of sanctions.

PER CURIAM.

ORDER

OPINION BY Judge McCUNE.

I. INTRODUCTORY STATEMENT

The Judicial Conduct Board (Board) filed a Complaint with this Court on March 1, 2012 against Former Philadelphia Traffic Court Judge Willie F. Singletary (Respondent). The Complaint charges Respondent with violations of:

1. Rule 4C. of the Rules Governing Standards of Conduct of Magisterial District Judges (Count 1),

2. Article V, Section 17(b) of the Pennsylvania Constitution (Count 3), and

3. Article V, Section 18(d)(1) of the Pennsylvania Constitution (Count 2).

The Board and the Respondent have submitted Stipulations of Fact pursuant to C.J.D.R.P. No. 502(D)(2). The Court has accepted these Stipulations which are set out below as Findings of Fact Nos. 1–55.

II. FINDINGS OF FACT

1. On January 4, 2012, the Judicial Conduct Board issued a Notice of Full Investigation to Respondent, to which Respondent replied on February 3, 2012.

2. On February 16, 2012, counsel for the Judicial Conduct Board deposed Respondent.

3. On March 1, 2012, the Judicial Conduct Board served a Board Complaint on Respondent.

4. In its Complaint, the Judicial Conduct Board alleged that Respondent's conduct in showing F two offensive photographs, as he showed her other photographs on his phone, violated Rule 4C. of the Rules Governing Standards of Conduct of Magisterial District Judges, Article V, § 17(b), and Article V, § 18(d)(1) of the Pennsylvania Constitution.

5. Respondent, through counsel, served his Answer to Board Complaint on March 30, 2012.

6. Thereafter, Respondent and the Judicial Conduct Board engaged in discovery pursuant to Chapter 4 of the Court of Judicial Discipline Rules of Procedure.

7. After reviewing the documents and information produced in discovery, Respondent and the Judicial Conduct Board agreed to the Proposed Stipulations of Fact set forth below.

8. Respondent served as a judge on the Philadelphia Traffic Court from January 7, 2008 to February 27, 2012. Traffic Court is located at 800 Spring Garden Street, Philadelphia, PA.

9. Traffic Court judges are assigned to night court duty on a rotating one-week basis.

10. Respondent was assigned to night court duty during the week beginning December 19, 2011. On the afternoon and evening of December 19, 2011, Respondent was hearing cases in Impoundment Court.

11. The Philadelphia Parking Authority (“PPA”) subcontracts with PWRT Services, Inc. (“PWRT”), which provides collection services for PPA at Traffic Court.

12. “F,” a twenty-two year old female employee of PWRT, was assigned as a cashier at Traffic Court's location at 800 Spring Garden Street to collect PPA fees for booting, towing, and impoundment operations.

13. During the week beginning December 19, 2011, F was assigned to work from 1:00 p.m. to 8:00 p.m. at Cashier Station 16.

14. The cashier stations are separated from the public. Each station has a window through which the cashier interacts with the PPA customers. Cashier Station 15 was to F's right, and Cashier Station 17 was to her left.

15. A doorway from Impoundment Court leads into the area behind the cashier station.

Events of Monday, December 19, 2011

16. On the evening of Monday, December 19, Impoundment Court was not very busy. For large parts of the evening, F had no customers and Respondent had no cases.

17. The Traffic Court video from Security Cameras 11, 12, and 13 depicts the events at issue which occurred on December 19, 2011 between 5:19 p.m. and 6:43 p.m.

18. The Traffic Court video has no audio.

19. The Traffic Court video was taken in the course of regular business, and was provided to Respondent's counsel through the discovery process.

20. During the events described below, Respondent was not adjudicating cases. None of the events recounted below involved hearings or trials or members of his court staff. Respondent was not wearing his judicial robe, was not dealing with parties or counsel, and was not interacting with members of the public. He was, however, on night court duty throughout the time period at issue.

21. At approximately 5:21 p.m. [2:30], [references in brackets are to the time clock on the videos produced by Christopher Waters, Traffic Court Computer and Finance Manager, and titled “Singletary 5.19 PM–6.45 PM”], Respondent approached F's cashier station. According to the Traffic Court video:

a. Respondent approached F while she was waiting on customers at Cashier Station 16.

b. As Respondent approached, at approximately 5:21:32 p.m., she held her cell phone out to him.

22. From to approximately 5:21:37 p.m. [2:35] to 5:25:24 p.m. [6:22], Respondent looked at F's phone while standing in Cashier Station 15, directly adjacent to F. During that time:

a. F handed her phone to Respondent;

b. On two occasions, F unlocked her phone and handed it back to or left it with Respondent;

c. F pointed at things on her phone while Respondent held it;

d. F took her cell phone back from Respondent and placed it on the counter of Cashier Station 16 near Respondent; and

e. Respondent reached into F's work space at Cashier Station 16 and picked up F's cell phone again from the counter.

23. At approximately 5:25:24 p.m. [6:22], Respondent walked to Cashier Station 18 (two stations to F's left) with her phone.

24. From approximately 5:25:30 p.m. [6:28] until 5:36:52 p.m. [17:50], Respondent sat in Cashier Station 18, talking with F (and, at times, with Traffic Court Supervisor, Mary Adams) and looking at F's phone, until he set it down, picked up his own cell phone, made a call on his phone, and then left with his court officer.

25. During the above time period, Mary Adams delivered paperwork to Respondent. She returned a short time later to retrieve the paperwork.

26. At approximately 5:36:52 p.m. [17:50], Respondent left F's cell phone on the desk at Cashier Station 18. His court officer returned and chatted with F.

27. At approximately 5:40 p.m. [21:04], Respondent again sat at Cashier Station 18, talking on his cell phone, talking with F, and, at times, talking with the Traffic Court supervisor.

28. Respondent's discussions with F during the time period described above included Respondent's statements that he thought F was “a beautiful young lady,” that he “would like to go out with” her, and they might choose to have an “intimate relationship.” “But whatever we do, it has nothing to do with Traffic Court. You're an adult, I'm an adult. It's a private matter.” Additionally, he told her that, alternatively, he “could be a friend there for you if you need somebody to talk to or if you need help in any other area that I can help you in, whatever that might be,” including “a ride somewhere” or “helping paying a bill or anything.”

29. At approximately 5:53 p.m. [32:40], Respondent returned to and stood at Cashier Station 17.

30. At approximately 5:53:19 p.m. [34:17], Respondent moved to Cashier Station 16, directly behind F's desk chair, and showed her photographs on his cell phone.

31. From approximately 5:53:19 p.m. [34:17] to 5:54:16 p.m. [35:14], Respondent scrolled through the “camera roll” on his phone, showing F pictures. He showed F twenty-five photographs and scrolled past three videos:

a. Himself and his mother (Picture No. 42);

b. Ten pictures of his daughters at Dave & Busters (Picture Nos. 41–32);

c. His daughters and niece in a Jacuzzi at the Poconos (Picture No. 31);

d. Three pictures of himself posing formally (Picture Nos. 30–28);

e. Himself with Michael Jackson's Hollywood star (Picture No. 27);

f. Himself with Stevie Wonder and Noel Jones, a “big-time” bishop in California (Picture No. 26);

g. His sneakers (Picture No. 25);

h. Two animated videos (Nos. 23 and 24);

i. Three pictures of a friend and her daughter at a computer (Picture Nos. 22–20);

j. Another animated video (No. 19);

k. A friend (Picture No. 18);

l. Two pictures of another friend dressed to go to a nightclub, which he “didn't stay on too long” because she was wearing black “booty” shorts (Picture Nos. 17–16); and

m. A picture of his head (Picture No. 15).

32, Immediately after the twenty-fifth picture, Respondent showed F two pictures of his erect penis, located between pictures 15 and 14 as they existed on December 19, 2011.

33. Those two pictures were part of a previous “sexting” exchange between Respondent and another woman.

34. The two pictures were on the screen of his phone for only a matter of seconds.

35. Respondent states that, at the time, he did not recall that these photographs were on his phone, and he did not realize that he would be showing them to F. The Board has no facts to dispute his statement.

36. No copy of the two pictures currently exists...