Opinion
2 JD 2016
06-17-2016
IN RE: Jeffrey S. Joy Former Magisterial District Judge District Court 19-3-04 Nineteenth Judicial District York County
Respectfully submitted, ROBERT A. GRACI Chief Counsel Francis J. Puskas II Deputy Chief Counsel Pa. Supreme Court ID No. 76540 Judicial Conduct Board Pennsylvania Judicial Center 601 Commonwealth Avenue, Suite 3500 P.O. Box 62525 Harrisburg, PA 17106 (717) 234-7911
IMPORTANT NOTICE
TO: JEFFREY S. JOY:
You are hereby notified that the Pennsylvania Judicial Conduct Board has determined there is probable cause to file formal charges against you for conduct proscribed by Article V, §17(b) and §18(d)(1) of the Constitution of the Commonwealth of Pennsylvania and the Rules Governing Standards of Conduct of Magisterial District Judges. The Board's counsel will present the case in support of the charges before the Pennsylvania Court of Judicial Discipline.
You have an absolute right to be represented by a lawyer in all proceedings before the Court of Judicial Discipline. Your attorney should file an entry of appearance with the Court of Judicial Discipline within fifteen (15) days of service of this Board Complaint in accordance with C.J.D.R.P. No. 110.
You are hereby notified, pursuant to C.J.D.R.P. No. 302(B), that should you elect to file an omnibus motion, that motion should be filed no later than thirty (30) days after the service of this Complaint in accordance with C.J.D.R.P. No. 411.
You are further hereby notified that within thirty (30) days after the service of this Complaint, if no omnibus motion is filed, or within twenty (20) days after the dismissal of all or part of the omnibus motion, you may file an Answer admitting or denying the allegations contained in this Complaint in accordance with C.J.D.R.P. No. 413. Failure to file an Answer shall be deemed a denial of all factual allegations in the Complaint.
COMPLAINT
AND NOW, this 17th day of June 2016, comes the Judicial Conduct Board of the Commonwealth of Pennsylvania (hereinafter "Board") and files this Board Complaint against Jeffrey S. Joy, former Magisterial District Judge, York County, Pennsylvania, alleging that Mr. Joy violated the Rules Governing Standards of Conduct of Magisterial District Judges and §18(d)(1) of the Constitution of the Commonwealth of Pennsylvania, as more specifically delineated herein.
1. Article V, §18 of the Constitution of the Commonwealth of Pennsylvania grants the Board authority to determine whether there is probable cause to file formal charges, and, when it concludes that probable cause exists, to file formal charges against a justice, judge, or justice of the peace for proscribed conduct and to present the case in support of such charges before the Court of Judicial Discipline.
2. From January 2012 until August 7, 2015, Mr. Joy served continuously as a duly elected Magisterial District Judge for Magisterial District 19-3-04 in York County, Nineteenth Judicial District, Pennsylvania, encompassing the Townships of Shrewsbury and Springfield, Boroughs of Glen Rock, Jacobus, Loganville, New Freedom, Railroad and Shrewsbury.
3. By Administrative Order dated August 7, 2015, York County President Judge Stephen P. Linebaugh removed Mr. Joy from handling all Magisterial District Judge duties until further order of the Court.
4. On August 13, 2015, the Board filed a Petition For Interim Suspension With or Without Pay against Mr. Joy. By Order dated August 17, 2015, this Court suspended Mr. Joy without pay.
5. As a duly elected Magisterial District Judge, Mr. Joy was at all times relevant hereto subject to all the duties and responsibilities imposed on him by the Constitution of the Commonwealth of Pennsylvania and the Rules Governing Standards of Conduct of Magisterial District Judges adopted by the Supreme Court of Pennsylvania.
PART I:
6. On August 7, 2015, the Pennsylvania State Police, with the approval of the Pennsylvania Office of Attorney General, charged Mr. Joy with the following criminal offenses:
(1) Official Oppression, 18 Pa.C.S.A. §5301(1), a misdemeanor of the second degree;
(2) Indecent Assault, 18 Pa.C.S.A. §3126(a)(1), a misdemeanor of the second degree;
(3) Harassment, 18 Pa.C.S.A. §2709(a)(4), a misdemeanor of the third degree; and
(4) Harassment, 18 Pa.C.S.A. §2709(a)(1), a summary offense.
A true and correct copy of the Criminal Complaint is attached hereto, incorporated by reference, and marked as Board's Exhibit "A."
7. On August 12, 2015, the Pennsylvania State Police, with the approval of the Pennsylvania Office of Attorney General, filed the following additional criminal charges against Magisterial District Judge Joy:
(1) Bribery in Official and Political Matters, 18 Pa.C.S.A. §4701(a)(2), a felony of the third degree;
(2) Bribery in Official and Political Matters, 18 Pa.C.S.A. §4701(a)(3), a felony of the third degree;
(3) Official Oppression, 18 Pa.C.S.A. §5301(1), a misdemeanor of the second degree;
(4) Harassment, 18 Pa.C.S.A. §2709(a)(4), a misdemeanor of the third degree; and
(5) Harassment, 18 Pa.C.S.A. §2709(a)(7), a misdemeanor of the third degree.
A true and correct copy of the Criminal Complaint is attached hereto, incorporated by reference, and marked as Board's Exhibit "B."
8. Following a combined preliminary hearing on both cases held on September 18, 2015, Senior Magisterial District Judge John Zepp held all charges for court. A true and correct copy of the magisterial district judge docket entries regarding Commonwealth v. Jeffrey S. Joy, MJ-19301-CR-000342-2015, and Commonwealth v. Jeffrey S. Joy, MJ-19301-CR-000348-2015, is attached hereto, incorporated by reference, and marked as Board's Exhibit "C."
9. The matters proceeded to the York County Court of Common Pleas. True and correct copies of the docket entries regarding Commonwealth v. Jeffrey S. Joy, CP-67-CR-0006006-2015, and Commonwealth v. Jeffrey S. Joy, CP-67-CR-0006007-2015, are attached hereto, incorporated by reference, and marked as Board's Exhibit "D."
10. On April 27, 2016, pursuant to a plea agreement, Mr. Joy pled no contest at Commonwealth v. Jeffrey S. Joy, CP-67-CR-0006006-2015, to Count 3, Official Oppression, a misdemeanor of the second degree. Mr. Joy also pled no contest at Commonwealth v. Jeffrey S. Joy, CP-67-CR-0006007-2015, to Count 1, Official Oppression, a misdemeanor
of the second degree. The Honorable Lawrence F. Clark, Jr., Senior Judge, sentenced Mr. Joy in the aggregate to two years' probation, 200 hours of community service, to pay the costs of prosecution and a fine of $2,000.00. Senior Judge Clark also directed that within 24 hours Mr. Joy was to tender to the Governor of the Commonwealth, the Chief Justice of the Supreme Court, and the Pennsylvania Secretary of State, an unequivocal, non-revocable, resignation from judicial office which acknowledges that Mr. Joy will not seek or accept a judicial or law enforcement office in the Commonwealth of Pennsylvania for the duration of his natural life. A true and correct copy of the Plea and Sentence transcript is attached hereto, incorporated by reference, and marked as Board's Exhibit "E."
11. During the plea and sentencing proceeding on April 27, 2016, the Commonwealth put on the record a factual basis for each plea at each docket as follows:
a. Commonwealth v. Jeffrey S. Joy, CP-67-CR-0006006-2015
Okay. On Docket 6006 of 2015, the offense occurred at 28 Berkshire drive in Shrewsbury Borough, York County, Pennsylvania, and on or about December 1st, 2014, at that date the Defendant did take advantage of his official capacity as a Magisterial District Judge of York County, Pennsylvania, by infringing on the rights of the victim in this case identified as an adult female, A.P.M. are her initials, by demanding that she model items of lingerie clothing at her residence In exchange for vacating her outstanding fines and costs.
See Board's Exhibit "E," N.T. at 3, Plea and Sentence Hearing, April 27, 2016.
b. Commonwealth v. Jeffrey S. Joy, CP-67-CR-0006007-2015
Then on 6007 of 2015, at 28 Water Street, Apartment 34 in Glen Rock Borough, York County, Pennsylvania, on or about March 4th, 2015, the Defendant was present at that location and did again take advantage of his official capacity as a Magisterial District Judge of York County, Pennsylvania, by subjecting the victim in this case she is identified with the initials M.C. to mistreatment from the - in the form of unwanted sexual contact.
See Board's Exhibit "E," Id.
12. In making his plea of no contest, Mr. Joy acknowledged understanding the factual bases for his pleas at docket numbers CP-67-CR-0006006-2015 and CP-67-CR-0006007-2015 and acknowledged that although he was not admitting to those facts, he understood that his plea of no contest would be treated as equivalent to a guilty plea for purposes of sentencing:
THE COURT: Okay. Do you further understand that although you are not admitting to these facts, that a plea of no contest is treated for the purposes of sentencing and the outcome of these cases as a plea of guilty, do you understand that?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Okay. Do you understand the nature of the allegation against you at Docket 6006, which is Count No. 3, as described by the Commonwealth's attorney, that being a count of misdemeanor graded official oppression, do you understand that charge against you?
THE DEFENDANT: Yes, Your Honor.
THE COURT: And to that charge how do you plead?
THE DEFENDANT: No contest.
THE COURT: And, similarly, as to Count No. 1 at Docket 6007, do you understand the basis of that plea or that allegation against you?
THE DEFENDANT: Yes, Your Honor.
THE COURT: And to that charge how do you plead?
THE DEFENDANT: No contest.
See Board's Exhibit "E," Id. at 4-5.
13. By letter dated April 28, 2016, Mr. Joy gave notice to Governor Tom Wolf and Chief Justice Thomas Saylor that he was resigning as magisterial district judge effective immediately and would not seek any judicial or law enforcement office in the Commonwealth of Pennsylvania. This letter was also provided to the Pennsylvania Secretary of State, Pedro A. Cortés. A true and correct copy of Mr. Joy's letter to Governor Tom Wolf and Chief Justice Thomas Saylor is attached hereto, incorporated by reference, and marked as Board's Exhibit "F."
14. Mr. Joy's criminal convictions have become final and he has filed no appeal.
15. By virtue of his convictions for two counts of Official Oppression, misdemeanors of the second degree, Mr. Joy is subject to discipline under the Pennsylvania Constitution.
PART II. CHARGES:
16. By virtue of some or all of the facts collectively set forth at Part I, Mr. Joy is subject to discipline for violating the Rules Governing Standards of Conduct of Magisterial District Judges (effective December 1, 2014) and the Pennsylvania Constitution as follows:
Count 1: By virtue of his convictions for two counts of Official Oppression, misdemeanors of the second degree, Mr. Joy has violated Canon 2, Rule 2.4(B) of the Rules Governing Standards of Conduct of Magisterial District Judges, which provides: "A magisterial district judge shall not permit family, social, political, financial, or other interests or relationships to influence the magisterial district judge's judicial conduct or judgment."
Count 2: By virtue of his convictions for two counts of Official Oppression, misdemeanors of the second degree, Mr. Joy has violated Canon 3, Rule 3.9A(1) of the Rules Governing Standards of Conduct of Magisterial District Judges, which
provides: "Magisterial district judges and all employees assigned to or appointed by magisterial district judges shall not engage, directly or indirectly, in any activity or act incompatible with the expeditious, proper and impartial discharge of their duties, including, but not limited to, (1) in any activity prohibited by law."
Count 3: By virtue of his convictions for two counts of Official Oppression, misdemeanors of the second degree, and also based on his violations of Canon 1, Rule 1.1, Canon 2, Rule 2.4(B), and Canon 3, Rule 3.9A(1), Mr. Joy has violated Canon 1, Rule 1.2 of the Rules Governing Standards of Conduct of Magisterial District Judges, which provides: "A magisterial district judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety."
Count 4: By virtue of his convictions for two counts of Official Oppression, misdemeanors of the second degree, and also based on his violations of Canon 1, Rule 1.2, Canon 2, Rule 2.4(B), and Canon 3, Rule 3.9A(1), Mr. Joy has violated Canon 1, Rule 1.1 of the Rules Governing Standards of
Conduct of Magisterial District Judges, which provides: "A magisterial district judge shall comply with the law, including the Rules Governing Standards of Conduct of Magisterial District Judges."
Count 5: By virtue of his convictions for two counts of Official Oppression, misdemeanors of the second degree, Mr. Joy has violated Article V, §18(d)(1) of the Pennsylvania Constitution by engaging in conduct "in violation of a canon or rule prescribed by the Supreme Court."
Count 6: By virtue of his convictions for two counts of Official Oppression, misdemeanors of the second degree, Mr. Joy has violated Article V, §18(d)(1) of the Pennsylvania Constitution by engaging in conduct which "brings the judicial office into disrepute, whether or not the conduct occurred while acting in a judicial capacity or is prohibited by law."
WHEREFORE, Mr. Joy, a former Magisterial District Judge of York County, Pennsylvania, is subject to disciplinary action pursuant to the Constitution of the Commonwealth of Pennsylvania, Article V, §18(d)(1).
Respectfully submitted,
ROBERT A. GRACI
Chief Counsel DATE: June 17, 2016
BY: /s/_________
Francis J. Puskas II
Deputy Chief Counsel
Pa. Supreme Court ID No. 76540
Judicial Conduct Board
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 3500
P.O. Box 62525
Harrisburg, PA 17106
(717) 234-7911 VERIFICATION
I, Francis J. Puskas II, Deputy Chief Counsel to the Judicial Conduct Board, verify that the Judicial Conduct Board found probable cause to file the formal charges contained in the BOARD COMPLAINT. I understand that the statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904, relating to unsworn falsification to authorities.
Respectfully submitted,
ROBERT A. GRACI
Chief Counsel DATE: June 17, 2016
BY: /s/_________
Francis J. Puskas II
Deputy Chief Counsel
Pa. Supreme Court ID No. 76540
Judicial Conduct Board
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 3500
P.O. Box 62525
Harrisburg, PA 17106
(717) 234-7911
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