Opinion
No. 5 JD 12
10-10-2012
In re: Joan Orie Melvin Justice of the Supreme Court of Pennsylvania
ORDER
AND NOW, this 12th day of June, 2012, after a hearing conducted by President Judge Curran, President Judge Emeritus Morris and Judge Clement, and attended by Joseph A. Massa, Jr. and Francis J. Puskas, II for the Judicial Conduct Board and William I. Arbuckle, III and Joseph A. Swartz for the Respondent, it is hereby ORDERED:
1. A hearing before the full Court is hereby scheduled for June 29, 2012 at 10 a.m. in Commonwealth Court Courtroom 5001, Fifth Floor, Pennsylvania Judicial Center, 601 Commonwealth Avenue, Harrisburg, Pennsylvania at which time the parties are specifically requested to present such witnesses whose testimony can reasonably be expected to aid the Court in making a determination of the issue presently before it.
2. At the hearing this day held the Board moved the admission of five documents into evidence, the authenticity of all five has been admitted by the Respondent but the Respondent objects to the admissibility of all five. The Court makes the following rulings on admissibility of the documents:
Board Exhibit 1: Copy of the Presentment of the Grand Jury of Respondent is admitted.
Board Exhibit 2: Copy of the Police Criminal Complaint against Respondent is admitted.
Board Exhibit 3: Copy of the Presentment of the Grand Jury of Janine Orie is excluded.
Board Exhibit 4: Copy of the Police Criminal Complaint against Janine Orie is excluded.
Board Exhibit 5: Transcript of Preliminary Hearing in case of Commonwealth v. Jane Orie is excluded.
It is so ORDERED.
3. At the hearing this day held the Respondent moved the admission of Respondent's Exhibit 1 which is a copy of the Verdict Slip in the case of Commonwealth v. Jane Orie. The Board objects to the admissibility of that document. The Court rules that the Verdict Slip in the case of Commonwealth v. Jane Orie is excluded.
It is so ORDERED.
4. On or before June 22, 2012, the Board shall file its response to Respondent's "Response to Per Curiam Order for Hearing on Suspension and Pay Issues" which, in reality, is a Motion requesting that this Court decline to take further action at this time and allow the Order of May 22, 2012, presently in effect, remain in effect until one or the other of the parties seeks its vacation or amendment.
5. The Respondent's Motion for extension of time within which to file her Omnibus Motion is hereby GRANTED, and it is hereby ORDERED that Respondent shall file her Omnibus Motion on or before the expiration of 30 days after this Court enters an Order adjudicating the issue presently before it.
BY THE COURT:
Robert E. J. Curran, P.J.