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In re Eakin

COMMONWEALTH OF PENNSYLVANIA COURT OF JUDICIAL DISCIPLINE
Dec 8, 2015
No. 13 JD 15 (Pa. Ct. Jud. Disc. Dec. 8, 2015)

Opinion

No. 13 JD 15

12-08-2015

IN RE: J. Michael Eakin Justice of the Supreme Court of Pennsylvania


ORDER

AND NOW, this 8th day of December, 2015, it is hereby ORDERED that Judge Jack A, Panella is appointed to serve as the Conference Judge in this matter.

BY THE COURT:

/s/_________

Robert J. Colville

President Judge Judge Soroko has recused himself from this case by a letter dated December 7, 2015, which is attached to this Order John J. Soroko 30 South 17th Street, 12th Floor Philadelphia, PA 19103 December 7, 2015 The Honorable Robert J. Colville
President Judge
Pennsylvania Court of Judicial Discipline
601 Commonwealth Avenue
Suite 5500
Harrisburg. PA 17106-2595 RE: Possible Future Proceedings Before the Court of Judicial Discipline Involving Justice J. Michael Eakin Dear President Judge Colville:

I am writing to you prompted by the fact of a number of recent press accounts to the effect that the Pennsylvania Judicial Conduct Board ("the Board") may soon initiate proceedings before the Pennsylvania Court of Judicial Discipline ("the CJD") involving Justice J. Michael Eakin and the matter of certain emails received and/or transmitted by Justice Eakin, or that such matters may otherwise shortly come before the CJD.

As I believe you are aware, by its Order dated October 20, 2014, the Pennsylvania Supreme Court had appointed Robert L. Byer as "Special Counsel" to the Pennsylvania Supreme Court in the matter of certain allegations and reports of various misconduct on the part of Seamus P. McCaffrey, then a Justice on the Pennsylvania Supreme Court,

As I believe you are further aware, in connection with his duties as its "Special Counsel", Mr. Byer filed with the Pennsylvania Supreme Court on December 19, 2014 a report entitled "Report of Special Counsel Concerning Review of Email Messages Involving Supreme Court Justices and Office of Attorney General from 2008-2012" ("the Report.") In the Report, Mr. Byer advised the Pennsylvania Supreme Court, among other things, that (i) in connection with his duties as "Special Counsel" he had undertaken at the request of the Pennsylvania Supreme Court a review of certain email messages that had been identified by the Office of Attorney General ("OAG") as involving Justices of the Pennsylvania Supreme Court and representatives of the OAG during the time period 2008-2012, (ii) that his review of those emails, while independent, was coordinated with the OAG, (iii) that the emails reviewed by him had been stored electronically on the OAG servers and he was given access to same and (iv) that in connection with that review that he had, among other things, reviewed certain emails involving Justice Eakin ("the Eakin emails,")

As I believe you are yet further aware, in the Report, Mr. Byer provided the Pennsylvania Supreme Court with, among other things, his analysis of the Eakin emails.

In view of the foregoing facts and circumstances, and in view of the fact that Mr. Byer and I are partners in the same law firm, and in view of the fact that is now appears clear that any proceedings instituted by the Board with the CJD regarding Justice Eakin, or which would otherwise come before the CJD, would involve or touch upon the matter of emails sent and/or received by Justice Eakin, I do believe that the appropriate course is that I recuse myself from any involvement or consideration of such proceedings.

Accordingly, my purpose in writing you at this time is to provide the CJD with advance notice of this so that the CJD can proceed accordingly in respect of any such proceedings involving Justice Eakin as may be initiated by the Board or as may otherwise come before the CJD.

With kindest regards.

Very truly yours,

/s/

John J. Soroko


Summaries of

In re Eakin

COMMONWEALTH OF PENNSYLVANIA COURT OF JUDICIAL DISCIPLINE
Dec 8, 2015
No. 13 JD 15 (Pa. Ct. Jud. Disc. Dec. 8, 2015)
Case details for

In re Eakin

Case Details

Full title:IN RE: J. Michael Eakin Justice of the Supreme Court of Pennsylvania

Court:COMMONWEALTH OF PENNSYLVANIA COURT OF JUDICIAL DISCIPLINE

Date published: Dec 8, 2015

Citations

No. 13 JD 15 (Pa. Ct. Jud. Disc. Dec. 8, 2015)