The state Court of Judicial Discipline has ordered that Justice Joan Orie Melvin not be paid during her interim suspension.
A six-judge panel of the CJD issued a 45-page opinion and order on Thursday, voting 5-1 to suspend Orie Melvin's pay.
The opinion, issued by Judge Robert E.J. Curran, said Orie Melvin was "so single-mindedly occupied with achieving personal aggrandizement that she pressured, intimidated and bullied her clerks and secretaries into performing work on her political campaigns in violation of a pledge each had made as a condition of their employment pursuant to an order of the Supreme Court of Pennsylvania."
"This intimidation and bullying was relentless and continued over long periods of time," Curran said.
CJD President Judge Bernard L. McGinley dissented but did not file an opinion.
Orie Melvin was suspended in May from her duties on the state's high court after charges were filed against her for allegedly using her Superior Court judicial staff and the state Senate staff of her sister to help Orie Melvin run for Supreme Court.
"In these circumstances only an order of interim suspension which removes this respondent from the public payroll has any prospect of ameliorating the harm to the public's confidence in the judicial system which has been caused by respondent's conduct which has led to the pending charges against her," Curran said.
Curran was joined by Judges John W. Morris, Charles A. Clement Jr., John R. Cellucci and Timothy F. McCune.
Orie Melvin was charged by the Allegheny County District Attorney's Office on May 18 with nine criminal counts alleging she used legislative and judicial staff to perform campaign work.
On May 22, the CJD issued an order suspending Orie Melvin with pay based on the recommendation of the Judicial Conduct Board, but called a hearing in June to allow the parties to present testimony as to whether the order should stand or the justice should be suspended without pay.
During that hearing the JCB appeared to be uninterested in presenting testimony, instead joining Orie Melvin's attorney, William "Skip" Arbuckle III of the Mazza Law Group in State College, in urging the court to defer to the parties' stipulation that the justice remain on paid suspension.
JCB Deputy Chief Counsel Francis J. Puskas II did enter five items into evidence — the grand jury presentments and police complaints against both Orie Melvin and her sister, former state Senator Jane Orie, as well as witness testimony from Orie's preliminary hearing — but said the JCB did not wish to present live testimony and was instead taking the position that Orie Melvin's paid suspension should stand.
However, Curran, flanked by former President Judge Morris and Magisterial District Judge Clement Jr., said the parties' agreement "overlooks or ignores" the primary function of the CJD, which he said is to protect the integrity of the state's judicial system.
The court scheduled a second hearing for August 14, during which, according to thePittsburgh Post-Gazette, Puskas argued in favor of suspending Orie Melvin's pay.
In Thursday's opinion, Curran said the court based its ruling on the arguments at those two hearings as well as on "the charges contained in the criminal information filed by the District Attorney as well as the testimony which led the grand jury to make the recommendations set out in its presentment as well as the testimony and exhibits presented at the preliminary hearing."
According to Curran, Orie Melvin had argued that both the federal and state constitutions prohibit challenging a sitting judge's pay.
Orie Melvin also argued, according to Curran, that her pay should not be suspended because when public officials are impeached they continue to receive their pay until they're convicted by the Senate.
But Curran disagreed.
"This argument is off-point and unpersuasive, especially when one considers that the Constitution specifically bestows upon this court the authority to suspend a judge without pay for an interim period; and, indeed, we recognize that the conference of that authority subsumes the obligation to do so in a proper case," Curran said. "We think it is better that we look for policy guidance in that part of the Constitution which deals with our function rather than in those parts which don't."
Curran also rejected Orie Melvin's argument that the criminal charges against her are weak.
"We happen to think they are strong and that they describe conduct so egregious as to require respondent's interim suspension without pay," Curran said.
Curran prefaced the court's analysis of Orie Melvin's conduct by noting, "In the process we will necessarily be expressing our view on whether the evidence presented in support of the charges is 'weak' as counsel so persistently insists it is."
Curran said Orie Melvin and her counsel have maintained that the justice had no knowledge that any of her employees or her sister and office manager, Janine Orie, were engaging in illegal political activities.
"As a matter of fact, counsel challenged the board 'to point to any place in the transcript where evidence could be found which would establish otherwise,'" Curran said, quoting the transcript from the August 14 hearing. "We have accepted that challenge and have reviewed the notes of testimony of the preliminary hearing; and we found a record brimming with evidence establishing 'otherwise.'"
For example, Curran said, Lisa Sasinoski, who was Orie Melvin's chief law clerk on the Superior Court, testified at the preliminary hearing that she used to drive Orie Melvin to political events both during and after work hours and that she handed out political brochures and passed out nominating petitions at many of those events.
Sasinoski also testified that she and Orie Melvin would often talk about the speeches Sasinoski had written or helped write for the justice, according to Curran.
"We think it is likely that the commonwealth will be able to establish: that respondent knew it was Lisa Sasinoski who was driving the car; that respondent knew that it was Lisa Sasinoski who was helping her at the political events; that respondent knew who Lisa Sasinoski was and knew that she worked for her in her Superior Court office; that respondent knew that Lisa Sasinoski was paid by the Superior Court; that respondent knew that Lisa Sasinoski was not paid by her or by the 'Joan Orie Melvin Campaign'; that respondent knew that Lisa Sasinoski was prohibited from engaging in any 'partisan political activity' by an order of the Supreme Court; that respondent knew that Lisa Sasinoski was violating that order because she knew Lisa Sasinoski was a court-appointed employee and was engaging in partisan political activity on respondent's behalf; [and] that respondent knew that she was prohibited from diverting the services of Lisa Sasinoski for her own benefit by Section 3926(b) of the Pennsylvania Crimes Code which designated the crime as a felony," Curran said.
Curran also relied on the preliminary hearing testimony of another of Orie Melvin's former Superior Court clerks, Molly Creenan, who claimed that she had confronted Orie Melvin about having staff perform campaign work.
Creenan "practically begged her to stop demanding that the staff continue to violate the order prohibiting them from engaging in such political activity; but respondent didn't stop," according to Curran.
"Molly Creenan continued to get political assignments and when she refused to disobey the Supreme Court's order, respondent mocked her with a note asking 'Are you above this?'" Curran said. "This intimidation was backed up by loss of favor [of the boss and her deputy-sister], and discharge — and fear thereof. Respondent's judicial staffers were confronted with the prototypical 'Hobson's choice': their choice was either obey respondent's commands and risk being fired by the Supreme Court, or disobey her commands and risk being fired by her."
Arbuckle did not return a call for comment late Thursday afternoon.