Update on Justice Joan Orie Melvin's trial
July 11, 2012
Pennsylvania: On Monday, the trial of Pennsylvania Supreme Court Justice Joan Orie Melvin was originally scheduled to begin. Melvin stands accused of using her superior court staff to help her campaign for the high court in 2003 and 2009.[1]
In late June, Judge Jeffrey A. Manning refused the defendant's two-part request for a new judge to hear her case. He disagreed that a common pleas judge should hear her case, after she argued that it was too complex for a magisterial district judge. In response to this assertion, he wrote:
| “ | Magisterial district judges routinely hear serious and complex criminal cases. They also preside over difficult, fact-intensive cases, some lasting over several days. This court is confident that our magisterial district judges are perfectly capable of presiding over this matter.[2][3] | ” |
Orie Melvin also requested that a judge from a county other than Allegheny County hear her case, since one potential witness is married to a judge who serves on the court.[2] To that point, Manning found that there was no conflict of interest, and furthermore, no judge has the authority to order other judges to recuse from a case. That is a individual decision.[2]
In response to Manning's decision, on July 5 Melvin asked her colleagues on the Pennsylvania Supreme Court to appoint an out-of-county judge to preside over the case. This request has moved the beginning of the trial to July 30.[1]
While the trial courts handle the details of the hearing, the Pennsylvania Court of Judicial Discipline is determining whether Melvin will continue to receive her salary during the trial. The disciplinary court heard this case on June 12, and has not publicly released a decision. In addition to determining pay, the Court of Judicial Discipline has the authority to file charges and conduct its own investigation of the justice's actions, separate from a criminal trial.[4][5]
While Justice Melvin gears up for trial amid her suspension from the court, eight out of nine of her staff members have been furloughed without pay. The ninth, Melvin's sister Janine Orie, was fired.[6]
For more on the background of this case, read: Justice Joan Orie Melvin suspended from Pennsylvania Supreme Court, May 21, 2012.
Footnotes
- ↑ 1.0 1.1 TimesOnline.com, "Orie Melvin renews request for out of county judge," July 5, 2012
- ↑ 2.0 2.1 2.2 Daily Business Review, "Justice loses bid for recusal," June 29, 2012 (dead link)
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ TribLive.com, "Ruling delayed on pay for Melvin, awaiting trial," June 12, 2012
- ↑ Pennsylvania Court of Judicial Discipline
- ↑ TribLive.com, "Melvin sister to be fired, 8 aides to be furloughed," June 5, 2012
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