Opinion
3 JD 2020
07-15-2020
IN RE: President Judge John H. Fishel Magisterial District Judge Magisterial District 19-3-01 19th Judicial District York County
RICHARD W. LONG Chief Counsel MELISSA L. NORTON Deputy Counsel Pa. Supreme Court ID No. 46684 Judicial Conduct Board Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 3500 Harrisburg, PA 17106 (717) 234-7911
JUDICIAL CONDUCT BOARDS REPLY TO RESPONDENT'S OMNIBUS MOTION FOR RELIEF
AND NOW, this 15th day of July, 2020, comes the Judicial Conduct Board of the Commonwealth of Pennsylvania (Board) by undersigned counsel and files this Reply to Respondent's Omnibus Motion for Relief. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that on October 1, 2019, Judge Fishel was notified of the existence of the Non-Discrimination and Equal Employment Opportunity Complaint and that an investigation by the Court Administrator's Office was underway. It is denied that on October 1, 2019, Judge Fishel was notified that the Non-Discrimination and Equal Employment Opportunity Complaint was filed against him by one of the clerks employed in Magisterial District Court 19-3-01. 8. Denied. The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. No response is required. 17. Admitted. 18. Neither admitted nor denied. This paragraph contains a legal conclusion to which no response is necessary. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested. 19. Admitted. 20. Admitted. 21. Admitted. 22. Admitted. 23. Admitted. 24. Admitted. 25. Admitted. 26. Admitted. 27. Admitted. 28. Admitted.
WHEREFORE, the Board, by and through Melissa L. Norton, Deputy Counsel, respectfully requests that this Honorable Court schedule a hearing during which the parties may present evidence and argument in support of their respective positions, and grant such other relief as this Court deems proper.
Respectfully submitted,
RICHARD W. LONG
Chief Counsel DATE: July 15, 2020
By: /s/_________
MELISSA L. NORTON
Deputy Counsel
Pa. Supreme Court ID No. 46684
Judicial Conduct Board
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 3500
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: Melissa L. Norton
Deputy Counsel
Attorney No.: 46684 PROOF OF SERVICE
In compliance with Rule 122 of the Court of Judicial Discipline Rules of Procedure, on July 15, 2020, a copy of the Board's Reply To Respondent's Omnibus Motion for Relief was sent by first class mail and email to Robert A. Graci, Esquire, counsel to Judge John H. Fishel at the following address:
Saxton & Stump
4250 Crums Mill Road, Suite 201
Harrisburg, PA 17112
and rag@saxtonstump.com
Respectfully submitted, DATE: July 15, 2020
By: /s/_________
MELISSA L. NORTON
Deputy Counsel
Pa. Supreme Court ID No. 46684
Judicial Conduct Board
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 3500
P.O. Box 62525
Harrisburg, PA 17106
(717) 234-7911