The state Court of Judicial Discipline has temporarily suspended Municipal Court Judge Dawn A. Segal, an open lesbian, without pay.
Prior to her suspension, effective Feb. 2, Segal had been on limited duty because it was alleged that she had inappropriate, one-sided conversations about three court cases pending before her.
On Jan. 28, a three-judge panel of the Court of Judicial Discipline held a day-long hearing on the matter. The court can impose discipline ranging from a reprimand to removal from the judiciary.
Segal isn’t charged with any criminal wrongdoing. But she admitted improperly discussing three cases that were pending before her with then-Municipal Court Judge Joseph C. Waters.
The conversations, which violated the state’s judicial code of conduct, took place between September 2011 and July 2012.
“None of the ex-parte conversations affected Judge Segal’s judicial rulings,” said Stuart L. Haimowitz, an attorney for Segal. “We presented conclusive evidence on that fact at last month’s hearing.”
Haimowitz added: “Judge Segal had four ex-parte conversations and after the fourth, she told Judge Waters to stop doing this. And he did.”
Haimowitz described the three cases that Segal discussed with Waters.
“In one civil case, [Segal] granted a continuance like she does in every other similarly situated case. In another civil case, she reinstated a person’s opportunity to have his day in court, like she does in every other similarly situated case. In a criminal matter, she wrongfully graded a gun offense as a misdemeanor because she was unaware of a precedent-setting case.”
Haimowitz said character testimony on behalf of Segal was presented during the Jan. 28 hearing.
“Judge Segal agreed to all of the facts presented by the Judicial Conduct Board,” he said. “We presented character testimony, so when the court imposes a sanction, they understand who the person is and they’ll impose an appropriate sanction.”
Character witnesses included former Pennsylvania Supreme Court Justice Jane C. Greenspan and Ellen T. Greenlee, former chief of the Defender Association of Philadelphia, Haimowitz said.
“We’re talking about a very good judge [Segal], who made some mistakes that will never happen again,” Haimowitz continued. “She’s been remorseful since day one. She admitted her conduct and fully cooperated with all of the investigations.”
During her suspension, Segal cannot serve as a judge and she hasn’t gone to her office at the Criminal Justice Center, Haimowitz said.
But Segal and her wife continue to receive health-care benefits, he added.
“Judge Segal is anxiously awaiting the outcome of the case,” Haimowitz said.
Last year, Segal was successful in her bid for retention to another six years on the bench.
In January 2015, Waters, 62, was sentenced to two years in federal prison after admitting he used his influence to try to fix cases that were pending before his colleagues, on behalf of political supporters and friends.
His scheduled release date is Nov. 27, 2016.