Showing posts with label Joint Stipulations of Fact in Lieu of Trial. Show all posts
Showing posts with label Joint Stipulations of Fact in Lieu of Trial. Show all posts

Saturday, September 11, 2021

Court says former Cumberland County judge should be disciplined for misconduct

 
by: Kendra Nichols

HARRISBURG, Pa. (WHTM) — The Pennsylvania Court of Judicial Discipline has issued its opinion in the Judicial Conduct Board’s case against former Cumberland County Court of Common Pleas Judge Thomas Placey.

The court said Placey violated Article 5,17(b) of the Code of Judicial Conduct and Article V, 17(b) of the Pennsylvania Constitution and is subject to discipline.

In its opinion, the Court of Judicial Discipline said “It is clear from the stipulated facts the Judge Placey was not controlling his temper in court. The rude, loud outbursts toward counsel and witnesses are obvious violations of the demeanor required of a trial judge.”

The Judicial Conduct board entered several audio tapes of Judge Placey yelling in the courtroom as evidence.

“When a judge misuses his power he not only affects the litigants that are directly before him, he also gives the judicial system a black eye and threatens to undermind the public confidence in the courts,” Michael Dimino said.

Dimino is a professor of law at Widener University. He says although Placey resigned from the bench on June 1, it was important the Court of Judicial Discipline still issue an opinion on his case.

“There is an important value in having this proceeding declare that the judge has violated the Code of Judicial Conduct both to vindicate the interests of the people who were in his courtroom and to vindicate the interest of the overall judicial system,” Dimino said.

According to the Judicial Conduct Board, Placey could face a range of sanctions including a reprimand, a fine, or a ban from any future service.

As for Placey’s pension, several months ago the conduct board withdrew some counts against Placey which could have potentially forfeited his pension.

Placey has blamed his outbursts in court on concussions he suffered playing college football.

Placey’s attorney will have a chance to respond to the court’s opinion and a sanction hearing will be scheduled.

 
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Wednesday, May 19, 2021

Judge Placey’s Judicial Discipline case will not go to trial

by: Kendra Nichols

HARRISBURG, Pa. (WHTM) — A Joint Stipulations of Fact in Lieu of Trial has been filed in the case against Cumberland County Court of Common Pleas Judge Thomas Placey. Legal experts say the filing indicates both sides agree on the facts of the case and there is no need for a trial.

In June of last year, the Judicial Conduct Board filed a complaint against Judge Placey, accusing him of angry outbursts in the courtroom and violating the state’s Code of Judicial Conduct.

In a response to the complaint, Judge Placey admitted to the charges against him saying his outbursts may be linked to concussions he suffered playing college football.

Although Placey admits to the facts of the case, he is not agreeing that he’s guilty of misconduct. That will be decided by the Pa. Court of Judicial Discipline.

In the next step in the case, both sides can file briefs arguing whether there was misconduct or not. All 8 judges on the Court of Judicial Discipline will look at the briefs and evidence and issue an opinion.

If the Court of Judicial Discipline finds there was misconduct, Placey could face several sanctions, including being barred from serving as a judge in the future, fines, loss of pension, and censure.

Placey could also be removed from the bench, but he decided not to run again and his term is over the end of this year.

Current Magisterial District Judge Kathy Silcox and Cumberland County First Assistant District Attorney Michelle Sibert are running for the open seat. Cumberland County voters will
pick their candidate on May 18.


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