Court rejects Dawn Segal’s objections

Suspended attorney seeks reinstatement to the bar

The state Court of Judicial Discipline last week rejected Municipal Court Judge Dawn A. Segal’s objections to its findings that she brought disrepute to the judiciary and committed other ethics violations.

Segal, an open lesbian, has been suspended without pay since February. She acknowledges having improper conversations with then-Municipal Court Judge Joseph C. Waters in 2011-12.

Segal and Waters discussed three cases pending before Segal, and she allegedly considered Waters’ input prior to issuing rulings.

In July, the court found Segal liable for seven ethics violations. But attorneys for Segal filed objections to her being found liable for four of those violations.

The four ethics violations Segal objected to are: causing disrepute to the judiciary, interfering with the administration of justice, acting in a biased manner and considering improper communications about a pending court case.

In a nine-page opinion issued Sept. 23, the court dismissed all of Segal’s objections as meritless. 

“Respondent Segal clearly caused considerable disrepute to the judiciary by the repeated bad acts she committed,” the court stated.

The opinion also emphasized that Segal interfered with the administration of justice.

“The repeated [improper] calls and assurances of compliance made to Waters are clearly an interference with the administration of justice,” the court added.

Moreover, the court blasted Segal for not recusing herself from the cases at issue, and for not immediately reporting the improper conversations to authorities.

“Such blatantly improper conduct is absolutely inexcusable,” the court opined. 

The court noted that Segal only reported to authorities her conversations with Waters after she realized the FBI knew about them.

The court also said discussing the cases with Waters indicated bias on the part of Segal. 

In her objections, Segal refuted the testimony of an FBI agent relating to her conduct in one of the cases at issue. But the court said it found the agent’s version “more credible.” 

The court also rejected Segal’s assertion that it didn’t adequately consider testimony vouching for her good reputation.

“[T]he wiretap evidence undermines any possible finding of innocence,” the court said. “Segal’s own words on the intercepted telephone calls are the strongest evidence against her. Extrinsic evidence concerning Segal’s reputation was considered here on liability and also will be of interest in deciding a sanction. In determining Respondent Segal’s liability on the charges, her own words on the wiretaps speak much more convincingly than any claim that she generally has positive traits. The character testimony remains in evidence to be considered concerning the appropriate sanction.”

The next step is for the court to impose discipline on Segal, which could range from a reprimand to permanent dismissal from the bench. 

Segal continues to receive workplace health-care benefits, though she’s not permitted to report for work.

If Segal disagrees with the discipline imposed by the court, she’s permitted to file a petition for review with the Pennsylvania Supreme Court. 

Waters, 63, was prosecuted criminally, and found guilty of fraud. He served a brief federal-prison sentence, but recently was released to a halfway house. 

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Tim Cwiek has been writing for PGN since the 1970s. He holds a bachelor's degree in history from West Chester State University. In 2013, he received a Sigma Delta Chi Investigative Reporting Award from the Society of Professional Journalists for his reporting on the Nizah Morris case. Cwiek was the first reporter for an LGBT media outlet to win an award from that national organization. He's also received awards from the National Lesbian and Gay Journalists Association, the National Newspaper Association, the Keystone Press and the Pennsylvania Press Club.