Philadelphia voters in the May primary won’t be able to select a replacement for disqualified Municipal Court Judge Dawn A. Segal, the Pennsylvania Supreme Court ruled March 31.
Three candidates were expected to be selected in the May primary for a municipal-court judicial seat. Now, the ballot will instruct voters to select two candidates.
Segal, an open lesbian, was removed from the bench in December, after discussing three cases pending before her with then-Municipal Court Judge Joseph C. Waters Jr., who had an interest in the cases.
Segal admits improperly discussing the cases with Waters, but denies altering any of her rulings to satisfy him.
The high court’s March 31 ruling states: “[T]he order of the Pennsylvania Court of Judicial Discipline dated Dec. 16, 2016, is hereby stayed pending the completion of this appeal. The Secretary of the Commonwealth is hereby directed to refrain from placing Dawn Segal’s judicial seat on the Philadelphia Municipal Court on the May 16, 2017, primary ballot, or on any election ballot thereafter, until final resolution of this appeal. This stay is not to be construed as this court taking any position with respect to the merits of Dawn Segal’s appeal.”
Seven justices comprise the high court. Chief Justice Thomas G. Saylor Jr. and Justice Sallie U. Mundy dissented from the ruling.
In more good news for Segal, the court agreed to hold oral arguments on her appeal. Arguments will be limited to the question of whether Segal was held to a different standard when her discipline was imposed.
Oral arguments are expected to be held within the next few months, but an exact date hasn’t been announced.
In her appeal, Segal asserts she’s being unfairly blamed for Waters’ corruption. Waters was convicted of fraud and spent almost two years in federal prison. He was released on Nov. 25, according to prison records. Segal isn’t accused of any criminal wrongdoing.
Segal also maintains that Pennsylvania judges involved in more serious wrongdoing were given reprimands or temporary suspensions.
Moreover, Segal‘s contends the court deprived her of her right to be presumed innocent.
“The presumption of innocence is a core value to be accorded to all of those accused of wrongdoing. That presumption should not be cast aside or ignored merely because the accused wears a judicial robe.”
The court’s handling of Segal‘s case was such a travesty of justice, it conducted a trial “in name only,” according to her appeal.
In a related matter, the high court stayed the removal of Angeles Roca from Philadelphia Common Pleas Court. Roca is accused of fixing a case on behalf of her son. The ruling means voters in the May primary will be instructed to select nine people from the ballot, rather than 10. Henry Sias, a trans man, is vying for a seat on Philadelphia Common Pleas Court.
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