From Casetext: Smarter Legal Research

In re Younge

COMMONWEALTH OF PENNSYLVANIA COURT OF JUDICIAL DISCIPLINE
Dec 12, 2019
2 JD 2019 (Pa. Ct. Jud. Disc. Dec. 12, 2019)
Download
PDF
Check
Treatment

Opinion

2 JD 2019

12-12-2019

IN RE: Lyris F. Younge Court of Common Pleas First Judicial District Philadelphia County

JUDICIAL CONDUCT BOARD PRE-TRIAL MEMORANDUM

AND NOW, this 12th day of December, 2019, comes the Judicial Conduct Board of the Commonwealth of Pennsylvania, by and through the undersigned counsel, pursuant to this Court's November 8, 2019 Order and files this Pre-trial Memorandum:

A. TRIAL WITNESS LIST

The Board may call some or all of the following witnesses at trial:

1. The Honorable Susan M. Gantman
Superior Court of Pennsylvania
200 Four Falls Corporate Center, Suite 302
West Conshohocken, PA 19428

Judge Gantman will testify regarding Parts A and B of the Board Complaint, filed on August 20, 2019.

2. The Honorable Margaret T. Murphy
Court of Common Pleas of Philadelphia
Administrative Judge, Family Division
1501 Arch Street, Suite 1470
Philadelphia, PA 19102

Judge Murphy will testify regarding Parts A and B of the Board Complaint, filed on August 20, 2019.

3. The Honorable Walter Olszewski
Court of Common Pleas of Philadelphia
Supervising Judge, Family Division
1501 Arch Street, Suite 1470
Philadelphia, PA 19102
Judge Olszewski will testify regarding Part A of the Board Complaint, filed on August 20, 2019.

4. Lynne Summers, Esquire
6720 Chester Avenue
Philadelphia, PA 19142

Ms. Summers will testify regarding Parts A and C of the Board Complaint, filed on August 20, 2019.

5. John Capaldi, Esquire
126 Fox Hollow Drive
Langhorne, PA 19053

Attorney Capaldi will testify regarding Parts B and C of the Board Complaint, filed on August 20, 2019.

6. Aaron Mixon, Esquire
100 South Broad Street, Suite 1518
Philadelphia, PA 19110-1006

Attorney Mixon will testify regarding Parts B and C of the Board Complaint, filed on August 20, 2019.

7. Maureen Pie, Esquire
8 Summit Street, Suite 200
Philadelphia, PA 19118

Attorney Pie will testify regarding Parts B and C of the Board Complaint, filed on August 20, 2019.

8. Brandi McLaughlin, Esquire
1518 Walnut Street, Suite 807
Philadelphia, PA 19102

Attorney McLaughlin will testify regarding Parts A and B of the Board Complaint, filed on August 20, 2019.

9. Janice Mesaric
447 Third Avenue
Enhaut, Harrisburg, PA 17113

Ms. Mesaric will testify regarding Parts A and B of the Board Complaint, filed on August 20, 2019.
10. Brian McLaughlin, Esquire
McCullough, McLaughlin, Mincarelli & McCloskey
1515 Market Street, Suite 1200
Philadelphia, PA 19102

Attorney McLaughlin will testify regarding Parts A, B, C, and D of the Board Complaint, filed on August 20, 2019.

11. Karen Deanna Williams, Esquire
East Tower, 12th Floor
Centre Square
15th & Market Streets
Philadelphia PA 19102

Attorney Williams will testify regarding Parts B, C and D of the Board Complaint, filed on August 20, 2019.

12. Gregory R. Weyer, Esquire
1520 Locust Street
Philadelphia, PA 19102

Attorney Weyer will testify regarding Parts B and C of the Board Complaint, filed on August 20, 2019.

13. Colleen Swim, Esquire, Child Advocate
Legal Aid Society of Southwest Ohio
215 E. 9th Street, Suite 200
Cincinnati, OH 45202

Attorney Swim will testify regarding Parts B and C of the Board Complaint, filed on August 20, 2019.

14. Frank Cervone, Esquire,
Executive Director
The Support Center for Child Advocates
1617 JFK Boulevard, Suite 1200
Philadelphia, PA 19103

Attorney Cervone will testify regarding Parts B and C of the Board Complaint, filed on August 20, 2019.

15. Kathleen Creamer, Esquire
Community Legal Services of Philadelphia
1424 Chestnut Street
Philadelphia, PA 19102-2505

Attorney Creamer will testify regarding Parts B and C of the Board Complaint, filed on August 20, 2019.
16. William Gibbons, Esquire
Community Legal Services of Philadelphia
1424 Chestnut Street
Philadelphia, PA 19102-2505

Attorney Gibbons will testify regarding Parts C and D of the Board Complaint, filed on August 20, 2019.

17. Cortney Johnson
5959 N. Lawrence Street
Philadelphia, P 19120

Ms. Johnson will testify regarding Parts C and D of the Board Complaint filed on August 20, 2019.

18. Claire Leotta, Esquire
12325 Academy Road, Suite 52
Philadelphia, PA 19154

Attorney Leotta will testify regarding Parts A, B and C of the Board Complaint, filed on August 20, 2019.

19. Emily Cherniak, Esquire
1500 JFK Boulevard, Suite 520
Philadelphia, PA 19102

Attorney Cherniak will testify regarding Parts C and D of the Board Complaint filed on August 20, 2019.

20. Mary Ann Galeota, Esquire,
1515 Market Street, Suite 1200
Philadelphia, PA 19120

Attorney Galeota will testify regarding Part D of the Board Complaint filed on August 20, 2019.

21. Elizabeth Larin, Esquire,
Community Legal Services of Philadelphia
1424 Chestnut Street
Philadelphia, PA 19102-2556

Attorney Larin will testify regarding Parts B, C and D of the Board Complaint, filed on August 20, 2019.

22. Henrietta Robinson
4731 Tackawanna Place
Philadelphia, PA 19124
Ms. Robinson will testify regarding Parts C and D of the Board Complaint, filed on August 20, 2019.

B. BOARD EXHIBITS

It can reasonably be expected that opposing counsel will agree to stipulate to the authenticity and admissibility of the following exhibits:

JCB File No. 2018-090

1. Audio and transcript of March 16, 2016 Termination of Parental Rights Hearing, In the Interest of A.N.P., a Minor, CP-51-AP-0000804-2015. 2. Audio and transcript of April 26, 2016 Dependency Hearing, In the Interest of K.C., a Minor, CP-51-DP-0000905-2016. 3. Audio and transcript of April 27, 2016 Adjudicatory Hearing, In the Interest of K.S., a Minor, CP-51-DP-0015141-2005; In the Interest of T.B., a Minor, CP-51-DP-0000921-2016; In the Interest of M.B., a Minor, CP-51-DP-0000920-2016; and In the Interest of N.B., a Minor, CP-51-DP-0000922-2016. 4. Audio and transcript of November 21, 2016 Adjudicatory Hearing, In the Interest of G.S., a Minor, CP-51-DP-0002329-2016. 5. Audio and transcript of September 1, 2016 Adjudicatory Hearing, In the Interest of S.S., a Minor, CP-51-DP-0001823-2016. 6. Audio and transcript of March 16, 2016 Permanency Review Hearing, In the Interest of Z.V., a Minor, CP-51-DP-0001269-2015. 7. Audio and transcript of June 7, 2016 Termination of Parental Rights Hearing, In the Interest of S.M.C.-B, a Minor, CP-51-AP-0000455-2016; In the Interest of S.E.C.-B., a Minor, CP-51-AP-0000453-2016; and In the Interest of S.D.C., a Minor, CP-51-AP-0000456-2016. 8. Audio and transcript of April 27, 2016 Permanency Review Hearing, In the Interest of J.C., a Minor, CP-51-DP-0000802-2014. 9. Audio and transcript of March 16, 2016 Permanency Review Hearing, In the Interest of Z.V., Minor, CP-51-DP-0001269-2015. 10. Audio and transcript of January 23, 2018 Contempt Hearing of Brian McLaughlin, Esquire, regarding In the Interest of K.R., a Minor, CP-51-DP-0000933-2016 and In the Interest of B.T., a Minor, CP-51-DP-0000935-2016. 11. Audio and transcript of August 3, 2017 Permanency Review Hearing, In the Interest of A.O., a Minor, CP-51-DP-0000124-2017, In the Interest of E.O., a Minor, CP-51-DP-0000227-2017 and In the Interest of B.O., a Minor, CP-51-DP-0000228-2017. 12. Audio and transcript of September 20, 2017 Adjudicatory Hearing, In the Interest of Y.C., a Minor, CP-51-DP-0002438-2017. 13. May 3, 2018 letter from Samuel C. Stretton, Esquire to Elizabeth A. Flaherty, Esquire, regarding accusations in the Legal Intelligencer. 14. May 8, 2018 letter from Samuel C. Stretton, Esquire to Elizabeth A. Flaherty, Esquire, regarding additional information. 15. Redacted Dependency docket, In the Interest of A.C., a Minor, CP-51-DP-0002539-2017. 16. Redacted Involuntary Termination of Parental Rights docket, In the Interest of S.E.C.-B., a Minor, CP-51-AP-0000453-2016. 17. Redacted Involuntary Termination of Parental Rights docket, In the Interest of S.M.C.-B., a Minor, CP-51-AP-0000455-2016. 18. Redacted Involuntary Termination of Parental Rights docket, In the Interest of S.D.C., a Minor, CP-51-AP-0000456-2016. 19. In the Interest of S.E.C.-B., a Minor, Appeal of N.C., Mother, 2051 EDA 2016. 20. In the Interest of S.M.C.-B., a Minor, Appeal of N.C., Mother, 2053 EDA 2016. 21. In the Interest of S.D.C., a Minor, Appeal of N.C., Mother, 2054 EDA 2016. 22. Redacted Dependency Docket, In the Interest of G.S., a Minor, CP-51-DP-0002329-2016. 23. In the Interest of G.S., a Minor, Appeal of Philadelphia Department of Human Services, 124 EDA 2017. 24. Redacted Dependency Docket, In the Interest of K.R., a Minor, CP-51-DP-0000933-2016. 25. Redacted Dependency Docket, In the Interest of B.T., a Minor, CP-51-DP-0000935-2016. 26. In the Interest of K.R., Appeal of Brian McLaughlin, 587 EDA 2018. 27. In the Interest of B.T., Appeal of Brian McLaughlin, 588 EDA 2018. 28. Redacted Dependency Docket, In the Interest of K.S., a Minor, CP-51-DP-0015141-2005. 29. Redacted Dependency Docket, In the Interest of T.B., a Minor, CP-51-DP-0000921-2016. 30. Redacted Dependency Docket, In the Interest of M.B., a Minor, CP-51-DP-0000920-2016. 31. Redacted Dependency Docket, In the Interest of N.B., a Minor, CP-51-DP-0000922-2016. 32. In the Interest of K.S., a Minor, Appeal of Philadelphia Department of Human Services, 1662 EDA 2016. 33. In the Interest of T.B., a Minor, Appeal of Philadelphia Department of Human Services, 1677 EDA 2016. 34. In the Interest of M.B., a Minor, Appeal of Philadelphia Department of Human Services, 1681 EDA 2016. 35. In the Interest of N.B., a Minor, Appeal of Philadelphia Department of Human Services, 1684 EDA 2016. 36. Redacted Dependency Docket, In the Interest of E.O., a Minor, CP-51-DP-0000227-2017. 37. Redacted Dependency Docket, In the Interest of B.O., a Minor, CP-51-DP-0000228-2017. 38. In the Interest of E.O., a Minor, Appeal of A.O., Father, 2641 EDA 2017. 39. In the Interest of B.O., a Minor, Appeal of A.O., Father, 2641 EDA 2017. 40. Redacted Dependency Docket, In the Interest of K.C., a Minor, CP-51-DP-0000905-2016. 41. In the Interest of K.C., a Minor, Appeal of Philadelphia Department of Human Services, 1620 EDA 2016. 42. Redacted Involuntary Termination of Parental Rights Docket, In the Interest of A.N.P., a Minor, CP-51-AP-0000804-2015. 43. In the Interest of A.N.P., a Minor, Appeal of E.C.G., Mother, 1188 EDA 2016. 44. Redacted Dependency Docket, In the Interest of S.S., a Minor, CP-51-DP-0001823-2016. 45. In the Interest of S.S., a Minor, Appeal of M.J., Legal Guardian, 3002 EDA 2016. 46. Redacted Dependency Docket, In the Interest of Z.V., a Minor, CP-51-DP-0001269-2015. 47. In the Interest of Z.V., a Minor, Appeal of D.S., Mother, 1211 EDA 2016. 48. Redacted Dependency Docket, In the Interest of J.C., a Minor, CP-51-DP-00008029-2014. 49. Redacted Dependency Docket, In the Interest of Y.C., a Minor, CP-51-DP-0002438-2017. 50. Redacted Dependency Docket, In the Interest of B.C., a Minor, CP-51-DP-0002536-2017. 51. Redacted Dependency docket, In the Interest of A.C., a Minor, CP-51-DP-0002539-2017. 52. Redacted Dependency docket, In the Interest of J.C., a Minor, CP-51-DP-0002537-2017. 53. Redacted Dependency docket, In the Interest of Z.B., a Minor, CP-51-DP-0002538-2017. 54. Redacted Dependency docket, In the Interest of N.O.W., a Minor, CP-51-DP-0002461-2013. 55. Redacted Involuntary Termination of Parental Rights docket, In the Interest of N.O.W., a Minor, CP-51-AP-0000056-2016. 56. July 2017 Pa.R.J.A. 703 Report. 57. July 2018 Pa.R.J.A. 703 Report. 58. May 23, 2018 memo to Margaret T. Murphy, Administrative Judge, Walter Olszewski, Supervising Judge, Shelia Woods-Skipper, President Judge, from Lyris F. Younge. 59. Responsive documents to Subpoena No. 2018-021 from President Judge Susan Gantman regarding email exchanges with Judge Younge's Chambers provided to Investigator Paul A. Fontanes on May 31, 2018. 60. Superior Court opinions provided to Investigator Paul A. Fontanes by President Judge Susan Gantman on May 31, 2018. 61. Petition for Special Relief regarding K.R., CP-51-DP-0000933-2016 and B.T., CP-51-DP-0000935-2016. 62. Motion for Reconsideration regarding K.R., CP-51-DP-0000933-2016 and B.T., CP-51-DP-0000935-2016. 63. Application for Relief, Appeal from Contempt Finding Against Brian Edward McLaughlin, Esquire, K.R., 587 EDA 2018 and B.T., 588 EDA 2018. 64. Brief for Appellant, Appeal from Contempt Finding regarding K.R., 587 EDA 2018 and B.T., 588 EDA 2018. 65. April 6, 2018 Per Curiam Order issued by the Superior Court removing Judge Younge from Attorney Brian McLaughlin's cases. 66. April 29, 2019 Memorandum by Judge Olson regarding Petition for Special Relief regarding K.R., 587 EDA 2018 and B.T., 588 EDA 2018. 67. August 3, 2017 Permanency Review Order, In the Interest of E.O., CP-51-DP-0000227-2017. 68. August 3, 2017 Permanency Review Order, In the Interest of B.O., CP-51-DP-0000228-2017. 69. August 14, 2017 Notice of Appeal from August 3, 2017 Order, In the Interest of E.O., CP-51-DP-0000227-2017. 70. August 14, 2017 Notice of Appeal from August 3, 2017 Order, In the Interest of B.O., CP-51-DP-0000228-2017. 71. July 30, 2018 Opinion by Judge Lazarus, In the Interest of E.O., a Minor, Appeal of A.O., 2641 EDA 2017 and In the Interest of B.O., a Minor, Appeal of A.O., 2643 EDA 2017. 72. June 11, 2018 letter to Ms. Patricia Nicola, Supreme Court Prothonotary's Office, from President Judge Shelia Woods-Skipper, with Proposed Order for reassignment of Judge Lyris F. Younge from the Family Division to the Trial Division of the Philadelphia Court of Common Pleas, First Judicial District, plus attachments: July 2, 2018 Order and Petition under Rule of Judicial Administration 702. 73. August 5, 2016 1925(a)(2)(ii) Opinion, In the Interest of K.C., a Minor, CP-51-DP-0000905-2015; 1620 EDA 2016. 74. January 17, 2017 Memorandum by Judge Platt, In the Interest of K.C., 1620 EDA 2016. 75. February 24, 2017 Opinion by Judge Platt, In the Interest of K.C., 1620 EDA 2016. 76. February 27, 2017 Order of Adjudication and Disposition, In the Interest of K.C., a Minor, CP-51-DP-0000905-2015. 77. January 12, 2017 1925(a)(2)(ii) Opinion, In the Interest of S.E.C.-B., CP-51-AP-0000456-2016/2051 EDA 2016; In the Interest of S.M.C.-B, CP-51-AP-0000455-2016/2053 EDA 2016; and In the Interest of S.D.C., CP-51-AP-000456-2016/2054 EDA 2016. 78. June 30, 2017 Memorandum by Judge Fitzgerald, In the Interest of S.E.C.-B., Appeal of N.C., Mother, 2051 EDA 2016; In the Interest of S.M.C.-B, Appeal of N.C., Mother, 2053 EDA 2016; and In the Interest of S.D.C., Appeal of N.C., Mother, 2054 EDA 2016. 79. May 16, 2016 1925(a)(2)(ii) Opinion, In the Interest of A.N.P., a Minor, Appeal of E.C.G., Mother, CP-51-AP-0000804-2015; 1188 EDA 2016. 80. January 30, 2017 Opinion by Judge Shogan, In the Interest of A.N.P., a Minor, Appeal of E.C.G., Mother, 1188 EDA 2016. 81. August 10, 2016 1925(a)(2)(ii) Opinion, In the Interest of M.B., a Minor, CP-51-DP-0015141-2005; In the Interest of T.B., a Minor, CP-51-DP-0000920-2016; In the Interest of N.B., a Minor, CP-51-DP-0000921-2016; In the Interest of K.S., a Minor, CP-51-DP-0000922-2016. 82. March 29, 2017 Memorandum by Judge Solano, In the Interest of K.S., Appeal of Human Services, 1662 EDA 2016; In the Interest of T.B., Appeal of Human Services, 1677 EDA 2016; In the Interest of M.B., Appeal of Human Services, 1681 EDA 2016; and In the Interest of N.B., Appeal of Human Services, 1684 EDA 2016. 83. July 31, 2017 Memorandum by Judge Solano, In the Interest of K.S., Appeal of Human Services, 1662 EDA 2016; In the Interest of T.B., Appeal of Human Services, 1677 EDA 2016; In the Interest of M.B., Appeal of Human Services, 1681 EDA 2016; and In the Interest of N.B., Appeal of Human Services, 1684 EDA 2016. 84. June 22, 2017 1925(a)(2)(ii) Opinion, In the Interest of G.S., Appeal of Department of Human Services, CP-51-P000-2329-2016; 124 EDA 2017. 85. October 2, 2017 Memorandum by Judge Ott, In the Interest of G.S., Appeal of Department of Human Services, 124 EDA 2017. 86. March 23, 2017 Opinion by Judge Fitzgerald, In the Interest of Z.V., a Minor, Appeal of D.S., Mother, 1211 EDA 2016. 87. May 4, 2018 Opinion by Judge Lazarus, In the Interest of N.M., a Minor, Appeal of J.C., Mother, 154 EDA 2017; In the Interest of N.M., a Minor, Appeal of N.M., Father, 190 EDA 2017; In the Interest of N.W.M., a Minor, Appeal of N.M., Father, 3714 EDA 2017; and In the Interest of N.W.M., a Minor, Appeal of J.C., Mother, 3715 EDA 2017. 88. May 12, 2017 1925(a)(2)(ii) Opinion, In the Interest of S.S., a Minor, Appeal of M.J., Legal Guardian, CP-51-DP-0001823-2016; 3002 EDA 2016. 89. October 18, 2017 Opinion by Judge Bowes, In the Interest of S.S., a Minor, Appeal of M.J., Legal Guardian, 3002 EDA 2016. 90. Redacted email thread between Paul A. Fontanes and Lynne Summers beginning on October 30, 2018, at 9:27 PM and ending on Monday, November 5, 2018, at 10:19:28 AM, Subject: Re: Received all documents in good order. 91. Email thread between Joseph Kearney and Toni I. Schreffler beginning on Tuesday, February 19, 2019 11:04 AM and ending on Tuesday, February 19, 2019, at 11:22 AM, Subject: Question.

JCB FILE NO. 2018-144

92. Audio and transcript of February 7, 2018 Permanency Review Hearing, In the Interest of J.Y., a Minor, CP-51-DP-0001224-2017; In the Interest of J.Y., a Minor, CP-51-CR-0001225-2017; and In the Interest of R.R., a Minor, CP-51-DP-0001324-2017. 93. Redacted Dependency Docket, In the Interest of J.Y., a Minor, CP-51-DP-0001224-2017.

JCB FILE NO. 2018-323

94. Audio and transcript of December 8, 2016 Permanency Review Hearing, In the Interest of N.M., a Minor, CP-51-DP-0000856-2016. 95. Transcript of October 26, 2017 Involuntary Termination of Parental Rights Hearing, In the Interest of N.M., a Minor, CP-51-AP-0000573-2017. 96. Redacted Dependency Docket, In the Interest of N.M., a Minor, CP-51-DP-0000856-2016. 97. Redacted Involuntary TPR Docket, In the Interest of N.M., a Minor, CP-51-AP-0000573-2017. 98. In the Interest of N.M., a Minor, Appeal of J.C., Mother, 154 EDA 2017. 99. In the Interest of N.M., a Minor, Appeal of N.M., Father, 190 EDA 2017. 100. In the Interest of N.W.M., a Minor, Appeal of N.M., Father, 3714 EDA 2017. 101. In the Interest of N.W.M., a Minor, Appeal of J.C., Mother, 3715 EDA 2017. 102. August 10, 2017 1925(a)(2)(ii) Opinion, In the Interest of N.M., a Minor, CP-51-DP-0000856-2016; 154 EDA 2017 and 190 EDA 2017. 103. February 9, 2018 1925(a)(2)(ii) Opinion, In the Interest of N.W.M., a Minor, CP-51-DP-0000856-2016, CP-51-AP-0000573-2017; 3714 EDA 2017 and 3715 EDA 2017. 104. May 4, 2018 Opinion by Judge Lazarus, In the Interest of N.M., a Minor, Appeal of J.C., Mother, 154 EDA 2017, In the Interest of N.M., a Minor, Appeal of N.M., Father, 190 EDA 2017, In the Interest of N.W.M., a Minor, Appeal of N.M., Father, 3714 EDA 2017, In the Interest of N.W.M., a Minor, Appeal of J.C., Mother, 3715 EDA 2017. 105. May 24, 2018 Findings and Order by Judge Tereshko, In the Interest of N.M., a Minor, CP-51-DP-0000856-2016.

JCB FILE NO. 2018-362

106. Audio and transcript of August 17, 2017 Hearing, In the Interest of D.C., a Minor, CP-51-DP-00113327-2009, In the Interest of D.J.M., a Minor, CP-51-DP-0001315-2015, and In the Interest of D.M., a Minor, CP-51-DP-0001316-2015. 107. Transcript of August 18, 2017 Hearing, In the Interest of D.C., a Minor, CP-51-DP-00113327-2009, In the Interest of D.J.M., a Minor, CP-51-DP-0001315-2015, and In the Interest of D.M., a Minor, CP-51-DP-0001316-2015. 108. Audio and Transcript of December 1, 2017 Adjudicatory Hearing, In the Interest of Q.R., a Minor, CP-51-DP-0003030-2017 and In the Interest of L.R., a Minor, CP-51-DP-0003031-2017. 109. Redacted Dependency Docket, In the Interest of D.C., a Minor, CP-51-DP-00113327-2009. 110. Redacted Dependency Docket, In the Interest of D.J.M., a Minor, CP-51-DP-0001315-2015. 111. Redacted Dependency Docket, In the Interest of D.M., a Minor, CP-51-DP-0001316-2015. 112. Docket, In the Interest of D.C., a Minor, Appeal of D.C., a Minor, 3418 EDA 2017. 113. Docket, In the Interest of D.J.M., a Minor, Appeal of D.J.M., a Minor, 3424 EDA 2017. 114. Docket, In the Interest of D.M., a Minor, Appeal of D.M., a Minor, 3428 EDA 2017. 115. Redacted Dependency Docket, In the Interest of Q.R., a Minor, CP-51-DP-0003030-2017. 116. Redacted Dependency Docket, In the Interest of L.R., a Minor, CP-51-DP-0003031-2017. 117. Docket, In the Interest of Q.R., a Minor, Appeal of H.R., Mother, 230 EDA 2018. 118. Docket, In the Interest of L.R., a Minor, Appeal of H.R., Mother, 232 EDA 2018. 119. December 19, 2017 1925 (a)(2)(ii) Opinion, In the Interest of D.C., a Minor, CP-51-DP-00113327-2009; 3418 EDA 2017. 120. December 19, 2017 1925 (a)(2)(ii) Opinion, In the Interest of D.J.M., a Minor, CP-51-DP-0001315-2015; 3424 EDA 2017. 121. December 19, 2017 1925 (a)(2)(ii) Opinion, In the Interest of D.M., a Minor, CP-51-DP-0001316-2015; 3428 EDA 2017. 122. June 8, 2018 Opinion by Judge McLaughlin, In the Interest of D.C., a Minor, Appeal of D.C., a Minor, 3418 EDA 2017; In the Interest of D.J.M., a Minor, Appeal of D.J.M., a Minor, 3424 EDA 2017 and In the Interest of D.M., a Minor, Appeal of D.M., a Minor, 3428 EDA 2017. 123. May 31, 2018 1925 (a)(2)(ii) Opinion, In the Interest of Q.R., a Minor, CP-51-DP-0003030-2017 and In the Interest of L.R., a Minor, CP-51-DP-0003031-2017. 124. November 20, 2018 Memorandum by President Judge Emeritus Stevens, In the Interest of Q.R., a Minor, Appeal of H.R., Mother, 230 EDA 2018 and In the Interest of L.R., a Minor, Appeal of H.R., Mother, 232 EDA 2018.

JCB File No. 2018-422

125. Audio and transcript of the January 24, 2018 Truancy Hearing, In the Interest of S.J., CP-51-DP-0000111-2018, In the Interest of B.L.[sic]J., CP-51-DP-0000112-2018, and In the Interest of J.J., CP-51-DP-0000113-2018. 126. Audio and transcript of the February 16, 2018 Adjudicatory Hearing, In the Interest of S.J., CP-51-DP-0000111-2018, In the Interest of B.L.[sic]J., CP-51-DP-0000112-2018, and In the Interest of J.J., CP-51-DP-0000113-2018. 127. Redacted Dependency Docket, In the Interest of S.J., CP-51-DP-0000111-2018. 128. Redacted Dependency Docket, In the Interest of B.R., CP-51-DP-0000112-2018. 129. Redacted Dependency Docket, In the Interest of J.J., CP-51-DP-0000113-2018.

JCB FILE NO. 2018-459

130. Audio and transcript of December 14, 2016 Immunization Hearing, In the Interest of A.W., a Minor, DP-0001428-2016; In the Interest of J.W., a Minor, DP-0001514-2016; In the Interest of M.W., a Minor, DP-0001515-2016; In the Interest of R.W., a Minor, DP-0000180-2017; and In the Interest of S.W., a Minor, DP-0001513-2016. 131. Audio and transcript of October 12, 2017 Involuntary Termination of Parental Rights Hearing, In the Interest of A.W., a Minor, DP-0001428-2016; In the Interest of J.W., a Minor, DP-0001514-2016; In the Interest of M.W., a Minor, DP-0001515-2016; In the Interest of R.W., a Minor, DP-0000180-2017; and In the Interest of S.W., a Minor, DP-0001513-2016. 132. Redacted Dependency Docket, In the Interest of A.W., a Minor, DP-0001428-2016. 133. Redacted Dependency Docket, In the Interest of J.W., a Minor, DP-0001514-2016. 134. Redacted Dependency Docket, In the Interest of M.W., a Minor, DP-0001515-2016. 135. Redacted Dependency Docket, In the Interest of R.W., a Minor, DP-0000180-2017. 136. Redacted Dependency Docket, In the Interest of S.W., a Minor, DP-0001513-2016. 137. Redacted Involuntary TPR Docket, In the Interest of A.W., Jr., a Minor, AP-0000948-2017. 138. Redacted Involuntary TPR Docket, In the Interest of M.J.W., a Minor, AP-0000951-2017. 139. Redacted Involuntary TPR Docket, In the Interest of J.W.W., a Minor, AP-0000950-2017. 140. Redacted Involuntary TPR Docket, In the Interest of R.Z.W., a Minor, AP-0000952-2017. 141. Redacted Involuntary TPR Docket, In the Interest of S.M.W., a Minor, AP-0000949-2017. 142. Docket, In the Interest of A.W., Jr., S.W., J.W., M.W., Minor Children, Appeal of A.W., Sr., Father and T.A., Mother, 328 EDA 2017. 143. May 4, 2018 Opinion by Judge Bowes, In the Interest of A.W., Jr., S.W., J.W., M.W., Minor Children, Appeal of A.W., Sr., Father and T.A., Mother, 328 EDA 2017. 144. Notice of Full Investigation (NOFI) issued to the Honorable Lyris F. Younge dated June 28, 2018, by Chief Counsel Robert A. Graci. JCB File Nos. 2018-090, 2018-144, 2018-323, and 2018-362. 145. Response to Notice of Full Investigation (NOFIR) by Samuel C. Stretton, Esquire, dated July 23, 2018. JCB File Nos. 2018-090, 2018-144, 2018-323, and 2018-362. 146. Supplemental Notice of Full Investigation issued to the Honorable Lyris F. Younge dated October 3, 2018. JCB File Nos. 2018-090, 2018-422 and 2018-459. 147. Response to Supplemental Notice of Full Investigation by Samuel C. Stretton, Esquire, dated October 23, 2018. JCB File Nos. 2018-090, 2018-422 and 2018-459. 148. Second Supplemental Notice of Full Investigation issued to the Honorable Lyris F. Younge, dated March 1, 2019. JCB File No. 2018-090. 149. Response to the Second Supplemental Notice of Full Investigation by Samuel C. Stretton, Esquire, dated March 18, 2019. JCB File No. 2018-090.

C. STIPULATIONS OF FACT

It can reasonably be expected that opposing counsel will agree to stipulate to all or some of the following stipulations:

1. Article V, § 18 of the Constitution of the Commonwealth of Pennsylvania grants to the Board the authority to determine whether there is probable cause to file formal charges against a judicial officer in this Court, and thereafter, to prosecute the case in support of such charges in this Court.

2. From January 4, 2016 through the present time, Judge Younge has served as a judge of the Court of Common Pleas of the First Judicial District.

3. From January 4, 2016 through July 1, 2018, Judge Younge was assigned to the Family Division of the Court of Common Pleas.

4. While serving in the Family Division, Judge Younge's caseload consisted of child dependency and termination of parental rights matters.

5. Between 2003 and 2013, then Attorney Younge worked as a Deputy City Solicitor, assigned to the Child Welfare Unit and subsequently served on the Executive Team of the Philadelphia Department of Human Services (DHS) for 18 months.

6. Philadelphia DHS is the county child welfare and juvenile justice agency.

7. On or about May 10, 2018, Family Division Administrative Judge Margaret Murphy and Supervising Judge Walter J. Olszewski assigned Judge Younge to "Chambers Weeks."

8. By Order dated June 11, 2018, President Judge Sheila Woods-Skipper reassigned Judge Younge from the Family Division to the Statutory Appeals Section of the Civil Division, effective July 2, 2018.

9. Based on six Confidential Requests for Investigation at Judicial Conduct Board File Nos. 2018-090, 2018-144, 2018-323, 2018-362, 2018-422 and 2018-459, the Board investigated the instant matters.

10. As a result of its investigation, and pursuant to Article V, § 18(a)(7) of the Constitution of the Commonwealth of Pennsylvania, the Board determined that there is probable cause to file formal charges against Judge Younge in this Court. A. Delay

11. In March 2009, the Pennsylvania Supreme Court amended the Pennsylvania Rules of Appellate Procedure to incorporate an expedited approach, termed "Children's Fast Track Appeals," in cases involving Children's Dependency and Termination of Parental Rights (TPR) proceedings.

12. On appeal from an Order in a Children's Dependency or Termination of Parental Rights proceeding, an appellant must file a Notice of Appeal with the clerk of the trial court within 30 days of the Order, which is the subject of the appeal. Pa.R.A.P. Nos. 902 & 903(a).

13. The appellant is required to file a Concise Statement of Errors Complained of on Appeal at the same time as the filing of the Notice of Appeal. Pa.R.A.P. No. 1925(a)(2)(i).

14. In a Children's Fast Track Appeal, the judge who entered the Order, which is subject to appeal, is required to submit a 1925(a)(2)(ii) Opinion within 30 days of receipt of the Notice of Appeal and the Concise Statement of Errors Complained of on Appeal. Pa.R.A.P. No. 1925(a)(2)(ii).

15. In a Children's Fast Track Appeal, the trial court must submit the trial record to the appellate court within 30 days after the filing of the Notice of Appeal. It is the responsibility of the trial court judge to cause the court reporter to transcribe the notes of testimony and to make certain that the court clerk has everything necessary to transmit the entire record to the appellate court. Pa.R.A.P. No. 1931(a)(2) & (b).

16. In June 2016, Judge Younge had six overdue 1925(a)(2)(ii) Opinions in Children's Fast Track Appeals cases.

17. On June 24, 2016, India Campbell, Esquire, Judge Younge's law clerk at that time, initiated email communication with the Superior Court, on behalf of Judge Younge, requesting an extension of time to file overdue 1925(a)(2)(ii) Opinions in Children's Fast Track Appeals in six cases.

18. On July 1, 2016, Attorney Campbell resigned from her position as law clerk to Judge Younge.

19. Judge Younge hired Lynne Summers, Esquire, to serve as her law clerk, with a start date of July 11, 2016.

20. On July 7, 2016, Judge Younge communicated directly with the Superior Court staff by telephone, requesting an extension of time to file overdue 1925(a)(2)(ii) Opinions in eight Children's Fast Track Appeal cases.

21. On July 8, 2016, Judge Younge communicated by email with the Superior Court staff about her request for an extension of time to file the eight 1925(a)(2)(ii) Opinions.

22. Between July 20, 2016 and May 17, 2018, the Superior Court notified Judge Younge's chambers about the growing backlog of overdue 1925(a)(2)(ii) Opinions, via a series of eleven emails directed to Law Clerk Summers.

23. Each of the eleven emails from the Superior Court to Law Clerk Summers contained a list of the Children's Fast Track Appeals cases, in which Judge Younge's 1925(a)(2)(ii) Opinions were overdue.

24. Judge Younge's backlog of cases with overdue 1925(a)(2)(ii) Opinions fluctuated over time from a low of six overdue Opinions in June 2016, to a high of 41 overdue Opinions in February 2017.

25. The following chart illustrates the June 24, 2016 through May 17, 2018 communications between Judge Younge's chambers and the Superior Court staff regarding overdue 1925(a)(2)(ii) Opinions in Children's Fast Track Appeals:

Notice re: Overdue 1925(a)(2)(ii) Opinions in Children's Fast Track Appeals

Date

Overdue Opinions

From

Subject

June 24, 2016

6

J. Younge

Request Extension Time

July 8, 2016

8

J. Younge

Request Extension Time

July 20, 2016

16

Super. Ct.

Delinquent Records List

December 28, 2016

14

Super. Ct.

Overdue Opinions

February 16, 2017

14

Super. Ct.

Delinquent Records

June 5, 2017

24

Super. Ct.

Delinquent List

August 2, 2017

6

Super. Ct.

Overdue Opinions

November 30, 2017

23

Super. Ct.

The List

Date

Overdue Opinions

From

Subject

December 18, 2017

31

Super. Ct.

J. Younge's List

January 30, 2018

37

Super. Ct.

The List

February 9, 2018

41

Super. Ct.

Request Estimated Datesof Completion

March 27, 2018

34

Super. Ct.

Overdue Opinions

May 17, 2018

21

Super. Ct.

Delinquent List

26. Based on the delay in filing 1925(a)(2)(ii) Opinions in Children's Fast Track Appeals, Administrative Judge Murphy and Supervisory Judge Olszewski met with Judge Younge and her then counsel, Samuel C. Stretton, Esquire, and reassigned Judge Younge from the Family Court courtroom to "Chambers Weeks," effective May 10, 2018.

27. On December 14, 2016, Judge Younge presided over a Permanency Review Hearing in In the Interest of A.W., Jr., CP-51-DP-0001428-2016; S.W., CP-51-DP-0001513-2015; J.W., CP-51-DP-0001514-2016; and M.W., CP-51-DP-0001515-2016. JCB File No. 2018-459.

a. On December 14, 2016, Judge Younge presided over a Permanency Review Hearing and entered an Order directing DHS to fully vaccinate and immunize Parents' four sons, A.W., Jr., S.W., J.W. and M.W.;

b. On January 13, 2017, Parents timely filed a Notice of Appeal to the Superior Court and a Concise Statement of Errors Complained of on Appeal. Docket No. 328 EDA 2017;

c. The 1925(a)(2)(ii) Opinion in the Children's Fast Track Appeal was due on February 12, 2017;

d. On November 1, 2017, Judge Younge filed the 1925(a)(2)(ii) Opinion, 261 days late;

e. On April 12, 2018, the Superior Court filed its Memorandum and Order, affirming the December 14, 2016 Order; and
f. On May 4, 2018, the Superior Court withdrew the Memorandum and reissued its ruling in a published Opinion and Order.

28. On September 1, 2016, Judge Younge presided over an Adjudicatory Hearing in In the Interest of S.S., A Minor, CP-51-DP-0001823-2016. JCB File No. 2018-090.

a. On September 1, 2016, Judge Younge adjudicated S.S. dependent and ordered that he be removed from his home and placed in residential foster care;

b. On September 26, 2016, Attorney Aaron Mixon timely filed a Notice of Appeal to the Superior Court and a Concise Statement of Errors Complained of on Appeal. Docket No. 3002 EDA 2016;

c. The 1925(a)(2)(ii) Opinion in the Children's Fast Track Appeal was due on October 26, 2016;

d. On November 30, 2016, the Superior Court remanded the appeal back to the trial court, but retaining jurisdiction, because Attorney Mixon had not yet submitted a completed Docketing Statement Form;

e. On November 30, 2016, the Superior Court vacated the remand Order upon receipt of the completed Docketing Statement Form;

f. On May 12, 2017, Judge Younge filed the 1925(a)(2)(ii) Opinion, 197 days late; and

g. On October 18, 2017, the Superior Court filed its Memorandum and Order, reversing Judge Younge's September 1, 2016 Order.

29. On May 5, 2016, Judge Younge presided over a Goal Change Hearing in In the Interest of N.O.W., A Minor, CP-51-DP-0002461-2013, CP-51-AP-0000056-2016. JCB File No. 2018-090.

a. On May 5, 2016, Judge Younge entered an Order changing the placement goal to adoption;

b. On May 26, 2016, Father timely filed a Notice of Appeal to the Superior Court and a Concise Statement of Errors Complained of on Appeal. Docket No. 1749 EDA 2016;

c. The 1925(a)(2)(ii) Opinion in Children's Fast Track Appeal the was due on June 25, 2016;
d. On January 4, 2017, Judge Younge filed the 1925(a)(2)(ii) Opinion, 192 days late;

e. On June 8, 2017, the Superior Court filed its Memorandum, affirming the May 5, 2016 Order;

f. Pursuant to Pennsylvania Rule of Judicial Administration No. 703, Judge Younge was required to list In the Interest of N.O.W., A Minor, on her January 2017 703 Report Form because the 1925(a)(2)(ii) Opinion was greater than 90 days overdue on December 31, 2016, the end date of the reporting period; and

g. Judge Younge failed to list In the Interest of N.O.W., A Minor, on her January 2017 703 Report Form.

30. On December 8, 2016, Judge Younge presided over a Permanency Review Hearing in In the Interest of N.M., A Minor. JCB File No. 2018-323.

a. On December 8, 2016, Judge Younge presided over a Permanency Review Hearing and entered an Order for N.M. to remain in foster care;

b. On January 6, 2017, Parents timely filed counseled Notices of Appeal to the Superior Court and Concise Statements of Errors Complained of on Appeal. Docket Nos. 154 EDA 2017 (Mother) and 190 EDA 2017 (Father);

c. The 1925(a)(2)(ii) Opinion in the Children's Fast Track Appeal was due on February 6, 2017; and

d. On August 10, 2017, Judge Younge filed the 1925(a)(2)(ii) Opinion, 184 days late.

31. On October 26, 2017, Judge Younge presided over a Goal Change/Termination of Parental Rights Hearing in In the Interest of N.W.M., A Minor, CP-51-AP-0000573-2017. JCB File No. 2018-323.

a. On October 26, 2017, Judge Younge entered an Order granting a DHS Petition and involuntarily terminating Parental rights of Father and Mother to N.M.;

b. On November 17, 2017, both Parents timely filed Notices of Appeal to the Superior Court and Concise Statements of Errors Complained of on Appeal from the Order, terminating their parental rights. In the Interest of N.W.M., A Minor, Docket Nos. 3714 EDA 2017 (Father) and 3715 EDA 2017 (Mother);
c. The 1925(a)(2)(ii) Opinion in the Children's Fast Track Appeal was due on December 18, 2017; and

d. On February 9, 2018, Judge Younge filed the 1925(a)(2)(ii) Opinion, 52 days late.

32. On June 7 2016, Judge Younge presided over a Termination of Parental Rights Hearing in In the Interest of S.E.C.-B., A Minor, CP-51-AP-0000453-2016, Docket No. 2051 EDA 2016; In the Interest of S.M.C.-B., A Minor, CP-51-AP-0000455-2016, Docket No. 2053 EDA 2016; and In the Interest of S.D.C, CP-51-AP-0000456-2016, 2054 EDA 2016. JCB File No. 2018-090.

a. On June 7, 2016, Judge Younge entered Decrees and Orders, terminating Mother's parental rights and changing the permanency goal to adoption;

b. On July 1, 2016, Mother timely filed a Notice of Appeal to the Superior Court and a Concise Statement of Errors Complained of on Appeal. Docket No. 2053 EDA 2016;

c. The 1925(a)(2)(ii) Opinion in the Children's Fast Track Appeal was due on August 1, 2016;

d. On January 12, 2017, Judge Younge filed the 1925(a)(2)(ii) Opinion, 163 days late;

e. On June 30, 2017, the Superior Court affirmed in part and vacated in part the Decrees terminating parental rights, and vacated Orders changing the permanency goals to adoption;

f. Pursuant to Pennsylvania Rule of Judicial Administration No. 703, Judge Younge was required to list In the Interest of N.O.W., A Minor, on her January 2017 703 Report Form because the 1925(a)(2)(ii) Opinion was greater than 90 days overdue on December 31, 2016, the end date of the reporting period.

g. Judge Younge failed to list In the Interest of S.E.C.-B. A Minor, In the Interest of S.M.C.-B. A Minor, and In the Interest of S.D.C., A Minor on her January 2017 703 Report.

33. On November 21, 2016, Judge Younge presided over an Adjudicatory Hearing in In the Interest of G.S., A Minor, CP-51-DP-0002329-2016. JCB File No. 2018-090.

a. On November 21, 2016, Judge Younge ruled that DHS "made NO Reasonable Efforts to prevent or eliminate the need for removal of G.S. from the home;

b. On December 20, 2016, Mother timely filed a counseled Notice of Appeal to the Superior Court and a Concise Statement of Matters Complained of on Appeal. Docket No. 124 EDA 2017;

c. The 1925(a)(2)(ii) Opinion in the Children's Fast Track Appeal was due on January 19, 2017;

d. On June 22, 2017, Judge Younge filed the 1925(a)(2)(ii) Opinion, 153 days late; and

e. On October 2, 2017, the Superior Court filed its Opinion and Order, vacating the November 21, 2016 Order as to the finding of "No Reasonable Efforts."

34. On January 23, 2018, Judge Younge presided over the Contempt Hearing of Brian McLaughlin, Esquire, in In the Interest of K.R., A Minor, CP-51-DP-0000933-2016 and In the Interest of B.T., a Minor, CP-51-DP-0000935-2016. JCB File No. 2018-090.

a. On January 23, 2018, Judge Younge entered an Order, holding Attorney McLaughlin in civil contempt of court and fining him $750;

b. On February 21, 2018, Attorney McLaughlin filed a timely Notice of Appeal to the Superior Court and a Concise Statement of Matters Complained of on Appeal. Docket No. 588 EDA 2018;

c. The 1925(a)(2)(ii) Opinion in the Children's Fast Track Appeal was due on March 23, 2018;

d. On July 31, 2018, Judge Younge filed the 1925(a)(2)(ii) Opinion;

e. On April 29, 2019, the Superior Court issued its Memorandum and Order, vacating the January 23, 2018 Order;

f. Pursuant to Pennsylvania Rule of Judicial Administration No. 703, Judge Younge was required to list In the Interest of K.R., A Minor and In the Interest of B.T., A Minor, on her July 2018 703 Report Form, because the 1925(a)(2)(ii) Opinion was greater than 90 days overdue on June 30, 2018, the end date of the reporting period.

g. Judge Younge failed to list In the Interest of K.R., A Minor and In the Interest of B.R., A Minor, on her July 2018 703 Report Form.

35. On December 1, 2017, Judge Younge presided over the Adjudicatory Hearing in In the Interest of Q.R., A Minor, CP-51-DP-0003030-2017 and In the Interest of L.R., A Minor, CP-51-DP-0003031-2017. JCB File No. 2018-362.

a. On December 1, 2017, Judge Younge entered an Order adjudicating Q.R., and L.R. Dependent;

b. Based on testimony at the Hearing that Mother's [H.R.'s] adult daughter, N.R., and her infant Child, N.M., were also residing in H.R.'s home, Judge Younge adjudicated N.M. Dependent and entered an Order, holding H.R. in Contempt of Court;

c. On December 29, 2017, H.R. timely filed a Notice of Appeal to the Superior Court and a Concise Statement of Matters Complained of on Appeal. Docket Nos. 230 EDA 2018, 232 EDA 2018;

d. The 1925(a)(2)(ii) Opinion in the Children's Fast Track Appeal was due on January 29, 2018;

e. On May 31, 2018, Judge Younge filed the 1925(a)(2)(ii) Opinion, 121 days late; and

f. On November 20, 2018, the Superior Court issued its Opinion and Order, reversing the December 1, 2017 Contempt Order.

36. On April 27, 2016, Judge Younge presided over an Adjudicatory Hearing in In the Interest of K.S., A Minor, CP-51-DP-0015141-2015; In the Interest of T.B., A Minor, CP-51-DP-0000921-2016; In the Interest of M.B., A Minor, CP-51-DP-0000920-2016; and In the Interest of N.B., A Minor, CP-51-DP-0000922-2016. JCB File No. 2018-090.

a. On April 27, 2016, Judge Younge entered Orders adjudicating K.S., T.B., M.B. and N.B. Dependent, and ruled that DHS "made NO Reasonable Efforts to prevent or eliminate the need for removal of [Child] from the home;

b. On May 25, 2016, DHS timely filed Notices of Appeal and Statements of Errors Complained of on Appeal in each of the four Dependency cases. Docket Nos. 1662 EDA 2016, 1677 EDA 2016, 1681 EDA 2016 and 1684 EDA 2016;

c. The 1925(a)(2)(ii) Opinions in the Children's Fast Track Appeals were due on June 24, 2016;
d. On August 19, 2016, Judge Younge filed the 1925(a)(2)(ii) Opinion, 55 days late; and

e. On March 29, 2017, the Superior Court issued its Memorandum and Order, vacating in part the four April 27, 2016 Orders as to the finding of "No Reasonable Efforts."

37. On August 3, 2017, Judge Younge presided over a Permanency Hearing In the Interest of E.O., A Minor, CP-51-DP-0000227-2017 and In the Interest of B.O., A Minor, CP-51-DP-0000228-2017. JCB File No. 2018-090.

a. On August 3, 2017, Judge Younge entered a Permanency Review Order, finding Parents had unauthorized contact with Children, finding Father in contempt of court and ordering that he be incarcerated for seven days;

b. On August 14, 2017, Father timely filed a Notice of Appeal to the Superior Court and a Concise Statement of Matters Complained of on Appeal. Docket Nos. 2641 EDA 2017 and 2643 EDA 2017;

c. The 1925(a)(2)(ii) Opinion in the Children's Fast Track Appeal was due on September 13, 2017;

d. On October 31, 2017, Judge Younge filed the 1925(a)(2)(ii) Opinion, 47 days late; and

e. On July 30, 2018, the Superior Court filed its Opinion, vacating the contempt decision.

38. On April 26, 2016, Judge Younge presided over a Dependency Hearing in In the Interest of K.C., A Minor, CP-51-DP-0000905-2016. JCB File No. 2018-090.

a. On April 26, 2016, Judge Younge adjudicating K.C. Dependent, and ruled that DHS "made NO Reasonable Efforts to prevent or eliminate the need for removal of [Child] from the home;

b. On May 25, 2016, DHS timely filed a Notice of Appeal to the Superior Court and a Concise Statement of Matters Complained of on Appeal. Docket No. 1620 EDA 2016;

c. The 1925(a)(2)(ii) Opinion in the Children's Fast Track Appeal was due on June 24, 2016;

d. On August 5, 2016, Judge Younge filed the 1925(a)(2)(ii) Opinion, 41 days late;
e. On January 17, 2017, the Superior Court issued a Memorandum and Order vacating in part the April 26, 2016 Order as to "No Reasonable Efforts;" and

f. On February 24, 2017, the Superior Court withdrew the Memorandum and reissued its ruling in a published Opinion and Order.

39. On August 17, 2017, Judge Younge presided over a Non-placement Review Hearing in In the Interest of D.C., A Minor, CP-51-DP-0113327-2009; In the Interest of D.J.M., A Minor, CP-51-DP-0001315-2015; and In the Interest of D.M., A Minor, CP-51-DP-0001316-2015. JCB File No. 2018-362.

a. On August 17, 2017, Judge Younge entered an Order for Protective Custody of Children;

b. On August 18, 2017, Judge Younge presided over a Shelter Care Hearing, and entered an Order, adjudicating Children Dependent and ordering restrictive, supervised visits;

c. On September 27, 2017, Judge Younge presided over a Hearing on Children's Motion for Reconsideration, which she denied;

d. On October 13, 2017, Children timely filed Notices of Appeal to the Superior Court and Concise Statements of Matters Complained of on Appeal. Docket Nos. 3418 EDA 2017, 3424 EDA 2017, and 3428 EDA 2017;

e. The 1925(a)(2)(ii) Opinions in the Children's Fast Track Appeals were due on November 13, 2017;

f. On December 19, 2017, Judge Younge untimely filed the 1925(a)(2)(ii) Opinions, 35 days late; and

g. On June 8, 2018, the Superior Court issued its Memorandum and Order and reversed the August 17-18, 2017 Orders.

40. Judge Younge knew that it was her responsibility to meet the 30-day filing deadline for the 1925(a)(2)(ii) Opinions in Children's Fast Track Appeals.

41. Judge Younge delegated full responsibility for the drafting of 1925(a)(2)(ii) Opinions in Children's Fast Track Appeals to her law clerks.

42. Judge Younge never discussed with Law Clerk Summers the need for, the implementation of, or the existence of a tracking system to manage the timely filing of 1925(a)(2)(ii) Opinions in Children's Fast Track Appeals.

43. Judge Younge did not read the Notices of Appeal or Concise Statements of Matters Complained of on Appeal in Children's Fast Track Appeals when they were delivered to her chambers.

44. Judge Younge did not discuss the issues presented in the Notices of Appeal or Concise Statements of Errors Complained of on Appeal with Law Clerk Summers, who drafted the 1925(a)(2)(ii) Opinions in Children's Fast Track Appeals.

45. Judge Younge failed to manage and supervise her law clerks to ensure that the 1925(a)(2)(ii) Opinions were timely filed in Children's Fast Track Appeals. B. Impartiality , Fairness and Right to Be Heard

46. On March 16, 2016, Judge Younge presided over the Termination of Parental Rights (TPR) Hearing in In the Interest of: A.N.P., A Minor, Docket No. CP-51-AP-0000804-2015. JCB File No. 2018-090.

a. During the Hearing, Mother complained of feeling ill;

b. Judge Younge excused Mother and she exited the courtroom;

c. In a termination of parental rights case, a parent has the right to introduce evidence, cross-examine witnesses and testify on his or her own behalf.

d. During the hearing, Judge Younge denied the request of Mother's counsel, Attorney John Capaldi, to permit Mother to reenter the courtroom to testify;

e. Judge Younge would not permit Attorney Capaldi to argue on behalf of Mother, nor permit DHS counsel, James Wise, Esquire to offer argument;

f. After conducting the hearing without Mother present, Judge Younge entered a Decree of Involuntary Termination of Parental Rights and Orders Terminating Parental Rights and Changing the Goal to Adoption;

g. On April 15, 2016, Mother filed a counseled Notice of Appeal to the Superior Court and a Concise Statement of Errors Complained of on Appeal;
h. On May 16, 2016, Judge Younge timely filed her 1925(a) Opinion;

i. On January 30, 2017, the Superior Court issued its Opinion, vacating the Decree and Orders for termination of Mother's parental rights and goal change of adoption, and remanded the case for another hearing; and

j. On February 8, 2017, Judge Younge presided over a hearing on remand from the Superior Court, wherein she granted Attorney Capaldi's oral motion for her recusal from the case.

47. On April 26, 2016, Judge Younge presided over a Dependency Hearing in In the Interest of K.C., a Minor, Docket No. CP-51-DP-0000905-2016. JCB File No. 2018-090.

a. On April 26, 2016, Judge Younge entered an Order of Adjudication and Disposition, ruling that DHS made No Reasonable Efforts to prevent or eliminate the need for removal of Child from the home;

b. On May 10, 2016, DHS filed a Motion for Reconsideration, claiming that Judge Younge applied the wrong standard of review when ruling on the issue of "No Reasonable Efforts;"

c. On June 24, 2016, Judge Younge denied the Motion for Reconsideration;

d. On May 25, 2016, DHS filed a Notice of Appeal in the Superior Court. Docket No. 1620 EDA 2016;

e. On February 24, 2017, the Superior Court issued its Opinion and Order, vacating and remanding Judge Younge's April 26, 2016 Order on the basis that Judge Younge failed to discuss the issue of "No Reasonable Efforts" at the hearing;

f. The Superior Court determined that Judge Younge abused her discretion by applying the standard for reasonable efforts to finalize a placement plan for Children, rather than considering the factors and applying the standard of reasonable efforts to prevent or eliminate removal from the home; and

g. On remand, Judge Younge presided over the February 27, 2017 hearing and found that DHS made reasonable efforts to prevent or eliminate the need for removal of Child from the home.

48. On April 27, 2016, Judge Younge presided over an Adjudicatory Hearing in In the Interest of K.S., a Minor, Docket No. CP-51-DP-00015141-2005; In the Interest of T.B., a Minor, Docket No. CP-51-DP-0000921-2016; In the Interest of M.B., a Minor, Docket No. CP-51-DP-0000920-2016; and In the Interest of and N.B., a Minor, Docket No. CP-51-DP-0000922-2016. JCB File No. 2018-090.

a. On April 27, 2016, Judge Younge entered Dependency Orders of K.S., N.B., T.B, and M.B., ruling in each case that DHS made "NO Reasonable Efforts to prevent or eliminate the need for removal of this child from the home;"

b. On April 27, 2016, Judge Younge entered Dependency Orders of K.S., N.B., T.B, and M.B., ruling in each case that DHS made "NO Reasonable Efforts to prevent or eliminate the need for removal of this child from the home;"

c. On May 12, 2016, DHS filed a Motion for Reconsideration, explaining Judge Younge's ruling of "NO Reasonable Efforts," unless vacated, would cause a loss of funding to DHS for each child, and impose a financial hardship for DHS for the duration of the dependency cases;

d. On May 16, 2016, Judge Younge denied the Motion;

e. On May 25, 2016, DHS filed a timely Notice of Appeal and Statement of Matters Complained of on Appeal in each of the four Dependency Cases. In the Interest of: K.S., A Minor, Docket No. 1662 EDA 2016; In the Interest: of N.B., A Minor, 1684 EDA 2016; In the Interest of: T.B., A Minor, Docket No. 1677 EDA 2016; and In the Interest of: M.B., A Minor, Docket No. 1681 EDA 2016;

f. The Superior Court consolidated the cases for purposes of appeal;

g. On March 29, 2017, the Superior Court issued its Memorandum and Order, vacating and remanding in part Judge Younge's decisions in all four cases, to determine whether reasonable efforts were made to prevent or eliminate the removal of Children from the home;

h. The Superior Court determined that Judge Younge abused her discretion by applying the standard for reasonable efforts to finalize a placement plan for Children, rather than applying the standard of reasonable efforts to prevent or eliminate removal from the home; and

i. On remand at the May 15, 2018 Permanency Hearing, Judge Younge entered Orders finding that DHS made "Reasonable Efforts to Prevent or Eliminate Removal" of K.S., N.B., T.B. and M.B.

49. On November 21, 2016, Judge Younge presided over an Adjudicatory Hearing in In the Interest of G.S., a Minor, Docket No. CP-51-0002329-2016. JCB File No. 2018-090.

a. At the preceding October 21, 2016 Shelter Care Hearing, Judge Younge approved the Master's recommendation, which contained the determination that DHS made reasonable efforts to prevent or eliminate the need for removal of Child from the home;

b. In her November 21, 2016 Order, Judge Younge adjudicated Child Dependent and ruled that DHS "made NO Reasonable Efforts to prevent or eliminate the need for removal of this child from the home;"

c. On December 16, 2016, Mother filed a Motion for Reconsideration. Judge Younge did not enter an Order deciding the Motion for Reconsideration;

d. On December 20, 2016, Mother filed a Notice of Appeal to the Superior Court and a Concise Statement of Errors Complained of on Appeal;

e. On June 9, 2017, the Superior Court suggested to Administrative Judge Murphy that Judge Younge make a written request to the Superior Court, for remand of In the interest of: G.S., A Minor, because of its prior rulings on the "No Reasonable Efforts" issue in In the Interest of K.C., A Minor, decided February 24, 2017, and In the Interest of K.S., A Minor, decided March 29, 2017;

f. On June 16, 2017, Judge Murphy responded to the Superior Court that Judge Younge believed the issues in In the Interest of: G.S., A Minor to be distinct from the prior cases, In the Interest of K.C., a Minor, and In the Interest of K.S., a Minor;

g. On October 2, 2017, the Superior Court issued its Opinion and Order, vacating in part, and remanding the November 21, 2016 Order to the trial court for a ruling that DHS made reasonable efforts to prevent or eliminate the need for removal of Child from the home;

h. The Superior Court determined that Judge Younge abused her discretion by applying the standard for reasonable efforts to finalize a placement plan for Children, rather than applying the standard for reasonable efforts to prevent or eliminate removal from the home; and

i. On December 8, 2017, Judge Younge entered a Permanency Review Order, ruling that DHS made reasonable efforts "to finalize this Child's permanency plan."

50. On September 1, 2016, Judge Younge presided over an Adjudicatory Hearing pertaining to truancy of Child in In the Interest of S.S., A Minor, Docket No. CP-51-DP-0001823-2016. JCB File No. 2018-090.

a. In its Dependency Petition, DHS recommended that S.S. remain in Grandmother's home with supervision by DHS;
b. During the September 1, 2016 Adjudicatory Hearing in In the Interest of S.S., A Minor, Judge Younge presided over a side-bar discussion with DHS and other counsel that was not transcribed.

c. DHS did not present any witness testimony on the record as to the facts set forth in its Dependency Petition;

d. On September 1, 2016, Judge Younge entered an Order, based solely on the sidebar discussion, adjudicating S.S. Dependent, ordering his removal from the home and placement in foster care, and ordering DHS to explore placement in a residential juvenile facility;

e. On September 26, 2016, Grandmother's counsel, Aaron Mixon, Esquire, filed a Notice of Appeal and Statement of Matters Complained of on Appeal; and

f. On October 18, 2017, the Superior Court filed its Memorandum and Order, reversing Judge Younge's September 1, 2016 Adjudicatory Order, finding that there was no basis on the record for adjudicating S.S. as Dependent.

51. On March 16, 2016, Judge Younge presided over a Permanency Review Hearing in In the Interest of Z.V., a Minor. Docket No. CP-51-DP-0001269-2015. JCB File No. 2018-090.

a. The prior status of the case included a December 16, 2015 ruling of Aggravating Circumstances by Judge Johnson, with a direction that "No efforts to be made to preserve the family and reunify the Child with Mother;"

b. At the time of the December 16, 2015 ruling, Judge Johnson did not conduct a Goal Change Hearing;

c. The current DHS goal of reunification was retained when the case was reassigned from Judge Johnson to Judge Younge in January 2016;

d. On March 16, 2016, there was no Petition for a goal change pending before Judge Younge;

e. On March 16, 2016, Judge Younge entered an Order, changing the DHS goal from reunification to adoption;

f. On March 16, 2016, Judge Younge did not hold a Goal Change Hearing, prior to changing the DHS goal from reunification to adoption;

g. On April 15, 2016, Mother's counsel filed a Notice of Appeal in the Superior Court and a Statement of Errors Complained of on Appeal; and
h. In its March 23, 2017 Opinion and Order, the Superior Court vacated Judge Younge's Order and remanded the case for a new hearing, based on Judge Younge's failure to conduct a Goal Change Hearing or determine that Mother was not a viable resource for reunification.

52. On April 4, 2016, Judge Younge presided over a Shelter Care Hearing in In the Interest of N.M., a Minor, Docket No. CP-51-DP-0000856-2016. JCB File No. 2018-323.

a. Then-seven-month-old daughter, N.M., had sustained two rib fractures and Parents were unable to offer any explanation as to causation;

b. In her April 4, 2016 Order, Judge Younge transferred legal custody of N.M. to DHS and placed her in foster care;

c. On July 7, 2016, Judge Younge presided over an Adjudicatory Hearing, heard testimony and entered an Order, adjudicating N.M. and her then-two-year-old brother, E.M., Dependent;

d. In the July 7, 2016 Order, Judge Younge removed Children from Parent's care, placed E.M. in kinship foster care with Paternal Grandmother, and placed N.M. in non-kinship foster care;

e. On August 18, 2016, Judge Younge adjudicated E.M. Dependent with supervision and reunified him with Parents;

f. On August 18, 2016, Judge Younge refused Parent's request to place N.M. in kinship foster care;

g. On December 8, 2016, Judge Younge presided over a Permanency Review Hearing and entered an Order, ordering N.M. to remain in foster care "until there's a determination as to the cause of N.M.'s injury;"

h. On January 6, 2017, both Mother and Father filed counseled Notices of Appeal from the December 8, 2016 Permanency Review Order, and Statements of Errors Complained of on Appeal. In the Interest of: N.M., A Minor, 154 EDA 2017 (Mother) and 190 EDA 2017 (Father);

i. During the pendency of the appeals, on May 23, 2017, DHS filed a Petition for Involuntary Termination of Parental Rights. In the Interest of N.W.M., Docket No. CP-51-AP-0000573-2017;

j. During the pendency of the appeals, Judge Younge conducted additional hearings, wherein she refused to admit expert medical reports offered to explain N.M.'s rib fractures;
k. Judge Younge filed the 1925(a)(2)(ii) Opinions on August 10, 2017, 184 days late;

l. Judge Younge continued to keep N.M. in foster care, denying her placement in an approved kinship foster care home;

m. On October 26, 2017, Judge Younge held a Goal Change/Termination of Parental Rights Hearing, granted DHS's petitions and entered an Order for the Involuntary Termination of Parental Rights to N.M;

n. On November 17, 2017, both Parents filed counseled Notices of Appeal and Statements of Errors Complained of on Appeal in the Superior Court. Docket Nos. 3714 EDA 2017 (Father) and 3715 EDA 2017 (Mother);

o. Judge Younge filed the 1925(a)(2)(ii) Opinions 52 days late;

p. The Superior Court consolidated the appeals;

q. On May 4, 2018, the Superior Court issued its Opinion and Order, ordering the Permanency Orders reversed and the Goal Change/Termination Decrees vacated, determining that there was no evidentiary basis for denying Parents' request to place N.M. in kinship foster care; and

r. The Superior Court opined that Judge Younge's action, of repeatedly ordering that N.M. remain in non-kinship foster care, was contrary to the case law on the best interests of the child, and did not comply with the Child Protective Services Law.

53. On June 7, 2016, Judge Younge presided over a Termination of Parental Rights Hearing in In the Interest of S.M.C.-B., a Minor, Docket No. CP-51-AP-0000455-2016; In the Interest of S.E.C.-B., a Minor, Docket No. CP-51-AP-0000453-2016, and In the Interest of S.D.C., a Minor, Docket No. CP-51-AP-0000456-2016. JCB File No. 2018-090.

a. On June 7, 2016, Judge Younge entered Decrees and Orders for Termination of Mother's parental rights, and changed Children's permanency goal to adoption;

b. On July 1, 2016, Mother filed a Notice of Appeal and a Concise Statement of Errors Complained of on Appeal in both cases;

c. On June 30, 2017, the Superior Court issued the Memorandum and Orders, affirming in part and vacating in part the Decrees terminating parental rights, and vacating the Orders changing the permanency goal to adoption; and
d. The Superior Court remanded the cases for further consideration of the best interests of Children under 23 Pa.C.S. § 2511(b), particularly the psychological and emotional effects of termination of Mother's parental rights on Children.

54. On August 17, 2017, Judge Younge presided over a Non-Placement Review Hearing in three Dependency matters: In the Interest of D.C., a Minor; CP-51-DP-0113327-2009; In the Interest of D.J.M., a Minor, Docket No. CP-51-DP-0001315-2015; and In the Interest of D.M., a Minor, Docket No. CP-51-DP-0001316-2015. JCB File No. 2018-362.

a. The August 17, 2017 Hearing was scheduled for 11:30 a.m., but instead began at 5:37 p.m. and ended at 6:12 p.m.;

b. Judge Younge expedited the hearing because of the late hour, knowing that the recording device was scheduled to be turned off at that late hour;

c. Judge Younge interjected comments and questions during the direct examination of Case Manager Kelli Seibert; and

d. Judge Younge posed numerous questions during the cross-examination of Case Manager Seibert.

55. On November 30, 2017, Judge Younge presided over a Termination of Parental Rights (TPR) Hearing in In the Interest of K.R., a Minor, Docket Nos. CP-51-DP-0000933-2016; and In the Interest of B.T., a Minor, Docket No. CP-51-DP-0000935-2016. JCB File No. 2018-090.

a. Mother's counsel, Brian McLaughlin, signed in with Judge Younge's Court Crier;

b. Attorney McLaughlin was summoned by Judge Robert Rebstock on another matter, and was unexpectedly detained for a lengthy hearing, in his nearby courtroom;

c. Attorney McLaughlin was not present in the courtroom when Judge Younge called the case;

d. Judge Younge announced that Attorney McLaughlin was in contempt of her Order that the cases "Must be Tried" and issued a Rule to Show Cause why he should not be held in contempt;
e. Judge Younge bifurcated the contempt matter from the TPR cases and listed the contempt proceeding for December 7, 2017;

f. On December 7, 2018, Judge Younge realized that the rule returnable, which she had issued, was incorrect and discussed several possible continuance dates for the Contempt Hearing;

g. Attorney McLaughlin and his counsel appeared on January 8, 2018, for the scheduled Contempt Hearing, but Judge Younge did not conduct the Contempt Hearing on that date;

h. On January 23, 2018, Attorney McLaughlin appeared in Judge Younge's courtroom because he was still attached in In the Interest of K.R. and In the Interest of B.T., which were scheduled for a TPR hearing that day;

i. On January 23, 2018, Judge Younge conducted the Contempt Hearing, held Attorney McLaughlin in civil contempt and fined him $750; and

j. Attorney McLaughlin was not aware that the Contempt Hearing would occur on January 23, 2018 and had no witnesses present in the courtroom.

56. On February 7, 2018, Judge Younge presided over the Permanency Review Hearing of in In the Interest of J.Y., A Minor, Docket No. CP-51-DP-0001224-2017. JCB File No. 2018-144.

a. J.Y., an 18 year-old female high school student, was on a Board Extension program and living with Foster Parents since September 2017;

b. DHS Social Worker William Henning informed Judge Younge that J.Y.'s boyfriend, G.N., was spending overnights at the foster home; and

c. After a brief discussion with Foster Father about G.N. staying overnight at the foster home, Judge Younge became angry and promptly ruled that J.Y. was discharged from the Board Extension program; and

d. Judge Younge did not hear testimony from J.Y. or her attorney prior to ordering that J.Y. be discharged from the Board Extension program.

57. In a termination of parental rights case, a parent has the right to introduce evidence, cross-examine witnesses and testify on his or her own behalf. C. Demeanor

In the Interest of J .C., A Minor

58. On April 13, 2016, Judge Younge presided over a Hearing and ordered DHS to move J.C. out of the group home because of testimony that some of the other girls came into her room in the middle of the night and beat her up, also referred to as "jumped."

59. On April 27, 2016, Judge Younge presided over the Permanency Review Hearing, in In the Interest of J.C., A Minor, Docket No. CP-51-DP-0000802-2014.

a. J.C. was previously adjudicated Dependent because Mother did not have appropriate housing;

b. DHS Social Worker Ishmael Jiminez was handling the case at the time, but did not timely facilitate the move of J.C. to another group home;

c. While J.C. remained in the group home, some of the other girls "jumped" her again and took her clothes and personal belongings; and

d. DHS Social Worker Ishmael Jiminez was not present at the April 27, 2016 Permanency Review Hearing.

60. Judge Younge was angry and infuriated that DHS had not facilitated the move of J.C. out of the group home in a timely manner.

61. During the April 27, 2016 Permanency Review Hearing, Judge Younge stated:

The Court: Let me tell you something. Ishmael - - and this is court order. Ishmael Jiminez can never darken the threshold of [Courtroom] 5. I would not believe his tongue if it were notarized. And honest to goodness, I mean that."
N.T. Permanency Hearing 24:9-13 (Apr. 27, 2016).

62. Current DHS Social Worker Julia Ressler tried to inform Judge Younge that J.C. may have been the instigator in a couple of fights at the group home.

63. Judge Younge reacted to Social Worker' Ressler's statement in a loud, angry manner.

64. Judge Younge's angry reaction was witnessed by DHS Social Workers and others with whom she deals in an official capacity, including Social Worker Ressler, DHS counsel, Attorney James Wise, Attorney Aaron Mixon and others.

JCB File No. 2014-144

65. On February 7, 2018, Judge Younge presided over the Permanency Review Hearing in In the Interest of J.Y., A Minor, Docket No. CP-51-DP-0001224-2017.

66. Pennsylvania law provides for extended foster care for an individual who is less than 21 years old, was adjudicated dependent prior to age 18, and remains under the jurisdiction of the court based on certain criteria, such as the child is a student in high school or post-secondary school. Those youth who meet the criteria may receive adoption and guardianship subsidies up to age 21. Such extended foster care is known and referred to as a "Board Extension."

67. The February 7, 2018 Permanency Hearing pertained to whether J.Y. was compliant with the Board Extension and continued to qualify for foster care:

a. J.Y., an 18 year-old female high school senior, was on a "Board Extension" and had lived with Foster Parents since September 2017;

b. During the hearing, Judge Younge heard testimony pertaining to J.Y.'s poor attendance at school, her recent illness and hospitalizations, diagnosis and medical documentation;

c. Judge Younge repeatedly questioned whether J.Y. was truant, and thereby non-compliant with her Board Extension;

d. DHS Assistant City Solicitor Lindsay Cordes, Esquire, requested that Judge Younge discharge J.Y., claiming that the foster home had been detrimental to her staying on course with the Board Extension;
e. Guardian Ad Litem Jane Kim asked for a short date to produce the records and testified that the foster parents took J.Y. to medical appointments, set up tests and did a lot to facilitate resolution of her health issues;

f. Judge Younge set a short date for a discharge-planning meeting, with the condition that if the requested records were produced and demonstrated that the absences were excused, she would reconsider the Board Extension;

g. DHS Social Worker William Henning informed Judge Younge that G.N., J.Y.'s boyfriend of three years, was staying overnight at the foster home;

h. DHS Social Worker Henning advised Judge Younge that G.N. had not been cleared by DHS;

i. Judge Younge stated that the rules for foster care provide that a person over the age of fourteen, who spends five hours or more in a foster home, must be cleared;

j. Judge Younge questioned Foster Father about G.N.'s visits at the foster home; and

k. Foster Father admitted that G.N. had spent the night in the foster home, on average of one night per week since J.Y. turned 18 years old.

68. Judge Younge reacted to Foster Father's statement about G.N. in an angry manner and said:

The Court: Oh, we're done here. Let me tell you something. Crazy, crazy, crazy. Call me crazy. I'm not paying caregivers to allow hookup here.
N.T. Permanency Review Hearing 46:3-6 (Feb. 7, 2018).

69. When Foster Father attempted to respond, Judge Younge continued to react in angry manner abruptly discharged J.Y. from the Board Extension for foster care as follows:

The Court: I'm just - - I don't care if she's eighteen. I don't care if she's eighteen. Not on my watch. This is over. Over, over, over, over, over. That's it. Not doing it. I mean like really? I'm done. Done, done, done. This is over. Discharged. Discharged.
Id. at 46:8-13.

70. Judge Younge's angry reaction was witnessed by J.Y., Foster Parents and others with whom she deals in an official capacity.

JCB File No. 2018-362

71. On August 17, 2017, Judge Younge presided over a Non-placement Review Hearing in three Dependency matters: In the Interest of D.C., a Minor; CP-51-DP-0113327-2009; In the Interest of D.J.M., a Minor, Docket No. CP-51-DP-0001315-2015; and In the Interest of: D.M., a Minor, Docket No. CP-51-DP-0001316-2015. JCB File No. 2018-362.

a. The August 17, 2017 Hearing was scheduled for 11:30 a.m., did not begin until 5:37 p.m. and ended at 6:12 p.m.;

b. On direct examination, Kelli Seibert, Case Manager at Turning Points for Children, a Community Umbrella Agency, testified about the current status of the Dependency cases;

c. During the Hearing in In the Interest of D.C., D.M. and D.J.M., Minors, the testimony demonstrated that Mother had tested positive during a drug screen; and

d. At the conclusion of the Hearing, Judge Younge entered an Order for Protective Custody of Children, to which Children and Mother objected.

72. Judge Younge impatiently interrupted Case Manager Seibert's testimony on direct examination and stated:

The Court: I'm surprise[d] these children are still home. Because if you can't turn around a supervision case in two years, the kids don't need to be in the home.
N.T. Non-Placement Review Hearing 13:18-21 (Aug. 17, 2017).

73. When Child Advocate Colleen Swim, Esquire, began the cross examination of Case Manager Seibert, Judge Younge interrupted and challenged the relevancy of Attorney Swim's questions.

74. Judge Younge asked numerous questions, including the following:

The Court: Did she actively engage in drug and alcohol as she's been court ordered to do? Is she doing dual diagnosis as she's been court ordered to do? Are these children truant as she's been court ordered to do? We've been sitting here for two years doing the same thing with the same results. So what are you going to do different because supervision isn't working out on this case?
Id. at 18:13-21.

75. Child Advocate Swim vigorously advocated for Mother and explained the numerous instances of progress she made in caring for D.C., D.J.M. and D.M. She requested a higher level of supervision within the home.

76. When Child Advocate Swim advocated that Case Manager Seibert was the third case worker assigned to the case in six months, Judge Younge responded in a disrespectful manner, twice saying "So what?" and concluding with the following:

What does that have to do with Mom picking up a blunt and smoking it? What does that have to do with that?"
Id. at 19:16-18.

77. During the August 17, 2018 Hearing in In the Interest of D.C., D.M. and D.J.M., Minors, Judge Younge was concerned and impatient because of the late hour.

78. Judge Younge exhibited her impatience when she stated:

The Court: And tell me why at 5:50 I'm not placing three kids at the Bar of the Court right now.
Id. at 18:23-25.

79. Judge Younge again exhibited her impatience and focus on the time, rather than the testimony, when she stated:

The Court: Well, I'm telling you where I'm at behind the preposition [sic]. Where I'm at at 5:58 is that these kids should not remain in the home . . . , but at 27 months, you can't still talk about supervision and what Mom is not doing. I'm not having it. That doesn't fly for me.
Id. at 27:4-17.

80. During the August 17, 2018 Hearing in In the Interest of D.C., D.M. and D.J.M., Minors, Judge Younge presented with an impatient temperament.

81. During the August 17, 2018 Hearing in In the Interest of D.C., D.M. and D.J.M., Minors, Judge Younge exhibited a frustrated attitude.

82. During the August 17, 2018 Hearing in In the Interest of D.C., D.M. and D.J.M., Minors, Judge Younge exhibited an angry demeanor.

83. During the August 17, 2018 Hearing in In the Interest of D.C., D.M. and D.J.M., Minors, the litigants, attorneys, caseworkers and others with whom she deals in an official capacity observed Judge Younge's impatient, frustrated and angry demeanor.

JCB File No. 2018-422

84. On February 16, 2018, Judge Younge presided over an Adjudicatory Hearing in In the Interest of S.J., A Minor, Docket No. CP-51-DP-0000111-2018; In the Interest of B.R., A Minor, Docket No. CP-51-DP-0000112-2018; and In the Interest of J.J., A Minor, Docket No. CP-51-DP-0000113-2018, pertaining to truancy matters.

a. William Gibbons, Esquire, of Community Legal Services, represented Mother at the February 16, 2018 Adjudicatory Hearing;

b. At the February 16, 2018 Adjudicatory Hearing, Judge Younge adjudicated Children Dependent; and

c. At the February 16, 2018 Adjudicatory Hearing, Judge Younge ordered that Mother be held in custody until Child[ren] are delivered to DHS.

JCB File No. 2018-090

In the Interest of A .N.P., A Minor

85. On March 16, 2016, Judge Younge presided over a Termination of Parental Rights Hearing in In the Interest of A.N.P., A Minor, Docket No. CP-51-DP-0000423-2013.

a. During the Hearing, Mother stated that she felt ill and stepped out into the hallway;

b. When Mother declared, "I'm getting sick," Judge Younge responded:

The Court: Okay, bye. Your [sic] excused. Your [sic] excused.
T.P.R. Hearing Transcript 36:22-24 (Mar. 16, 2016).
c. When Attorney Capaldi stated, "She's getting sick," Judge Younge responded:

The Court: Whatever. You don't have a client.
Id. at 36:25-37:2.
d. Judge Younge denied Attorney Capaldi's request for a five-minute recess;

e. Judge Younge told Attorney Capaldi that he had seven minutes to put on his case;

f. Judge Younge refused to let Attorney Capaldi check on his client to see if she needed assistance and said:

The Court: You know what, doesn't she have her fiance out there. He'll see to it if she's sick or not. Let's go. Let's do this case.
Id. at 37:17-20;
g. During the Hearing, Attorney Capaldi informed Judge Younge that Mother's testimony was the offer of proof regarding her mental health treatment;

h. Judge Younge would not allow Mother to return to the courtroom to testify about her mental health or anytime thereafter, and stated:

The Court: Oh, and I'm not allowing her to come back in. So that testimony is out the window because she walked out without permission of the Court. Even if she was sick she should have
had the courtesy to let me know that. So her disdain for the Court has been noted. Keep going.
Id. at 40:14-20;
i. After witness testimony, Attorney Capaldi again asked for leave to check on Mother;

j. Judge Younge denied the request and insisted on completing the case without permitting Mother back in the courtroom;

k. Judge Younge claimed that Mother left the court without permission:

The Court: So she has waived her opportunity to give testimony in her own hearing because without leave of the Court she decided to just get out.
Id. at 41:20-23;
l. Judge Younge refused to allow Attorney Capaldi or James Wise, Esquire, Counsel for DHS, to deliver argument at the end of the hearing;

m. When Mother attempted to reenter the courtroom, Judge Younge reacted in an angry and impatient manner and again refused to allow Attorney Capaldi to check on his client; and

n. At the conclusion of the TPR Hearing, Judge Younge entered an Order for the involuntary termination of Mother's parental rights to Child.

86. After Judge Younge entered the TPR Order, Attorney Capaldi placed his objection on the record.

87. Judge Younge responded by placing her own objection on the record:

The Court: Absolutely. And also note my objection to mother walking out in the middle of the hearing and not giving the Court notice.
Id. at 45:5-7.

88. Although Judge excused Mother from the courtroom, claimed that she left the courtroom without permission, demonstrated a lack of courtesy and disdain for the court, failed to give notice to the court that she was leaving the courtroom and waived her opportunity to give testimony by exiting the court without permission.

89. At the March 16, 2016 TPR Hearing in In the Interest of A.N.P., A Minor, Mother, Attorney Capaldi, Attorney Wise and others with whom she deals in an official capacity, witnessed Judge Younge's angry and impatient temperament.

Interest of Z .V., a Minor

90. On March 16, 2016, Judge Younge presided over a Permanency Review Hearing in In the Interest of Z.V., a Minor, Docket No. CP-51-DP-0001269-2015, where Mother was represented by Maureen Pie, Esquire.

a. During the Hearing, Judge Younge changed the Court's goal from reunification to adoption;

b. Attorney Pie objected on the basis that there was no Petition for a goal change pending in the case;

c. Attorney Pie questioned Judge Younge about the goal change to adoption, stating that she needed to be clear on the record that Judge Younge was changing the Court's goal;

d. Judge Younge responded to Attorney Pie as follows:

The Court: The DHS goal is now - - the permanency goal is now adoption. I'm not going to repeat myself.
N.T. (Mar. 16, 2016); and
e. When Attorney Pie continued to seek clarification of the goal change, Judge Younge raised her voice at Attorney Pie as follows:

The Court: I said the DHS permanency goal is adoption. The Court - - there's been no petitions filed. I understand that because believe it or not I've been doing this a long time. I got it.
Id. at 17:2-6.

91. During the March 16, 2016 Permanency Review Hearing in In the Interest of Z.V., a Minor, Judge Younge exhibited an angry tone of voice toward Attorney Pie.

92. In response, Attorney Pie attempted to apologize.

93. Judge Younge responded to Attorney Pie's apology, stating, "Okay. Done." Id. at 17:11.

94. During the March 16, 2016 Permanency Review Hearing in In the Interest of Z.V., a Minor, Attorney Pie and others with whom she deals in an official capacity, witnessed Judge Younge's angry temperament.

JCB File No. 2018-459

95. On December 14, 2016, Judge Younge presided over an Immunization Hearing in In the Interest of A.W., Jr., a Minor, Docket No. CP-51-DP-0001428-2016; In the Interest of S.W., a Minor, Docket No. CP-51-DP-0001513-2015; In the Interest of J.W., a Minor, CP-51-DP-0001514-2016; and In the Interest of M.S., a Minor, Docket No. CP-51-DP-0001515-2016, where Mother was represented by Claire Leotta, Esquire.

96. At the prior December 6, 2016 Hearing, Judge Younge entered a Continuance Order for the December 14, 2016 Hearing, with a start time of 2:00 p.m.

97. Attorney Leotta was also attached to another hearing before Judge Furlong on the afternoon of December 14, 2016.

98. The December 14, 2016 Immunization Hearing began at 1:45 p.m.

99. At the start of the hearing, Attorney Lisa Visco introduced herself to Judge Younge and stated that she was "standing in for Clair Leotta [for Mother] until she arrives." N.T. 7:1-2 Immunization Hearing (Dec. 14, 2016).

100. On December 14, 2016, Attorney Leotta arrived at Judge Younge's courtroom at 1:59 p.m. for the Immunization Hearing.

101. Upon Attorney Leotta's arrival at the December 14, 2016 Immunization Hearing, Judge Younge interrupted the proceedings to ask Attorney Leotta about her alleged communications with other individuals about the start time of the hearing.

102. During the December 14, 2016 Immunization Hearing, Judge Younge displayed an angry and impatient temperament as she reprimanded and warned Attorney Leotta in open court about her failure to appear at 1:00 p.m. for the Immunization Hearing.

103. During the December 14, 2016 Immunization Hearing, Judge Younge's angry temperament toward Attorney Leotta caused her to cry in open court.

104. During the December 14, 2016 Hearing, Attorney Leotta, litigants, attorneys and others who appeared before Judge Younge observed her angry and impatient demeanor.

D. DISCOVERY CERTIFICATION

The Board, by and through undersigned counsel, hereby certifies that Judge Younge has been furnished with all non-privileged evidence within the Board's possession relevant to the charges contained in the Board Complaint as required by C.J.D.R.P. 401(D)(1).

E. EXCULPATORY CERTIFICATION

The Board, by and through undersigned counsel, hereby certifies that Judge Younge has been provided with any and all exculpatory evidence relevant to the charges contained in the Board Complaint as required by C.J.D.R.P. 401(E).

Respectfully submitted,

RICHARD W. LONG

Chief Counsel December 12, 2019

By: /s/_________

Elizabeth A. Flaherty

Deputy Counsel

Pa. Supreme Court ID No. 205575

Judicial Conduct Board

Pennsylvania Judicial Center

601 Commonwealth Avenue, Suite 3500

P.O. Box 62525

Harrisburg, PA 17106

(717) 234-7911 CERTIFICATE OF COMPLIANCE

I certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania that require filing confidential information and documents differently than non-confidential information and documents.

Submitted by: Judicial Conduct Board of Pennsylvania

Signature: __________

Name: Elizabeth A. Flaherty

Deputy Counsel

Attorney No.: 205575 PROOF OF SERVICE

In compliance with Rule 122(D) of the Court of Judicial Discipline Rules of Procedure, on December 12, 2019, a copy of the Judicial Conduct Board Pre-Trial Memorandum was sent by UPS Overnight Delivery to Charles M. Gibbs, Esquire, counsel to the Honorable Lyris F. Younge at the following address:

Charles M. Gibbs, Esquire

McMonagle Perri McHugh Mischak Davis

1845 Walnut Street, 19th Street

Philadelphia, PA 19103

Respectfully submitted, December 12, 2019

BY: /s/_________

Elizabeth A. Flaherty

Deputy Counsel

Pa. Supreme Court ID No. 205575

Judicial Conduct Board

Pennsylvania Judicial Center

601 Commonwealth Avenue, Suite 3500

P.O. Box 62525

Harrisburg, PA 17106

(717) 234-7911

Summaries of

In re Younge

COMMONWEALTH OF PENNSYLVANIA COURT OF JUDICIAL DISCIPLINE
Dec 12, 2019
2 JD 2019 (Pa. Ct. Jud. Disc. Dec. 12, 2019)
Case details for

In re Younge

Case Details

Full title:IN RE: Lyris F. Younge Court of Common Pleas First Judicial District…

Court:COMMONWEALTH OF PENNSYLVANIA COURT OF JUDICIAL DISCIPLINE

Date published: Dec 12, 2019

Citations

2 JD 2019 (Pa. Ct. Jud. Disc. Dec. 12, 2019)