Opinion
6 JD 2015
05-27-2020
IN RE: Michael Lowry Former Judge Philadelphia Traffic Court Philadelphia County
JOINT STIPULATIONS OF FACT IN LIEU OF TRIAL AND WAIVER OF TRIAL PURSUANT TO COURT OF JUDICIAL DISCIPLINE RULE OF PROCEDURE 502(D)(1)
AND NOW, this 27th day of May, 2020, comes the Judicial Conduct Board of the Commonwealth of Pennsylvania (the Board), and former Judge Michael Lowry (Respondent), by and through their undersigned counsel, and file these Joint Stipulations of Fact in lieu of Trial and Waiver of Trial pursuant to C.J.D.R.P. No. 502(D)(1), as follows:
JOINT STIPULATIONS OF FACT IN LIEU OF TRIAL
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 2008 until he was suspended without pay by the Supreme Court of Pennsylvania on February 1, 2013, Respondent served actively as a duly elected judge on the Philadelphia Traffic Court, First Judicial District, Philadelphia County, Pennsylvania.
3. As a duly elected Judge of the Philadelphia Traffic Court, Respondent is, and 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.
4. Respondent was initially suspended from his judicial duties without pay by Order of the Supreme Court of Pennsylvania issued February 1, 2013, and thereafter suspended with pay by Order of the Court of Judicial Discipline dated October 25, 2013.
5. Respondent's term as a Judge of the Philadelphia Traffic Court ended in January 2014.
6. Respondent was a subject of a federal grand jury investigation regarding the practice of giving favorable treatment in traffic court cases to certain defendants based upon ex parte requests, which practice became known as "consideration."
7. As a result of the federal investigation, on January 29, 2013, Respondent was indicted by the federal grand jury at United States of America v. Sullivan, et al., Criminal No. 2:13-CR-000039, in the United States District Court for the Eastern District of Pennsylvania.
8. The indictment charged Respondent with one count of conspiracy to commit wire and mail fraud, 18 U.S.C. §1349; nine counts of wire fraud, 18 U.S.C. §1343; and one count of making a false declaration, 18 U.S.C. §1623.
9. Following a federal trial ending July 23, 2014, a jury found Respondent guilty of making a false declaration in violation of 18 U.S.C. §1623, which is a felony offense.
10. On January 14, 2015, United States District Judge Lawrence F. Stengel sentenced Respondent to 20 months of imprisonment followed by one year of supervised release with 100 hours of community service.
11. On February 3, 2015, Respondent filed a Notice of Appeal in the United States Court of Appeals for the Third Circuit at United States of America v. Michael Lowry, No. 15-1344.
12. By Opinion of Richard L. Nygaard, Circuit Judge, filed August 21, 2018, the United States Court of Appeals for the Third Circuit affirmed the judgment of the District Court.
13. On June 17, 2019, Respondent filed a Petition for Writ of Certiorari in the United States Supreme Court at Michael Lowry et al. v. United States, No.18-1581.
14. On December 9, 2019, the United States Supreme Court denied the Petition for Writ of Certiorari.
15. The parties stipulate to the authenticity and admissibility of all trial exhibits, attached to these Joint Stipulations of Fact in Lieu of Trial, as set forth below:
Trial Exhibits:
A. A true and correct copy of the grand jury indictment at United States of America v. Sullivan, et al., Criminal No. 2:13-CR-000039, in the United States District Court for the Eastern District of Pennsylvania.
B. A true and correct copy of the docket for United States of America v. Michael Lowry, Criminal No. 2:13-CR-000039-002.
C. A true and correct copy of the verdict slip for United States of America v. Michael Lowry, Criminal No. 2:13-CR-000039-002.
D. A true and correct copy of the Judgment and Sentencing Order for United States of America v. Michael Lowry, Criminal No. 2:13-CR-000039-002.
E. A true and correct copy of the docket for United States of America v. Michael Lowry, No. 15-1344.
F. A true and correct copy of the Opinion of Richard L. Nygaard, Circuit Judge, filed August 21, 2018, at United States of America v. Michael Lowry, No. 15-1344, affirming the judgment of the District Court.
G. A true and correct copy of the docket for Michael Lowry et al. v. United States of America, No. 18-1581.
H. A true and correct copy of the order denying Respondent's Petition for Writ of Certiorari filed at Michael Lowry et al. v. United States of America, No. 18-1581.
WAIVER OF RIGHT TO TRIAL
By submitting these Stipulations of Fact in lieu of Trial, the Board and the Respondent agree they shall be bound by them and the Court of Judicial Discipline shall adopt them as the facts of the case upon which a decision shall be rendered. The Board and the Respondent expressly waive any right to trial under Article V, §18(b)(5) of the Pennsylvania Constitution and the Rules of the Court of Judicial Discipline as per C.J.D.R.P. No. 502(D)(1).
WHEREFORE, the parties, through their respective counsel, intending to be legally bound by this document, do hereby set their hand and seal. DATE: 05/27/2020
/s/_________
Francis J. Puskas II
Deputy Chief Counsel
Pennsylvania Judicial Conduct Board DATE: 5/22/20
/s/_________
Meredith A. Lowry, Esquire
Klehr Harrison Harvey Branzburg LLP
Counsel for the Respondent PROOF OF SERVICE
In compliance with Rule 122 of the Court of Judicial Discipline Rules of Procedure, on May 27, 2020, a copy of the Joint Stipulation of Fact in Lieu of Trial and Waiver of Trial was provided via mail and email to Meredith A. Lowry, Esquire, counsel for Respondent, at the following address:
Meredith A. Lowry, Esquire
Klehr Harrison Harvey Branzburg LLP
1835 Market Street, Suite 1400
Philadelphia, PA 19103
mlowry@klehr.com
DATE: May 27, 2020
Respectfully submitted,
/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
BOARD EXHIBIT
A
BOARD EXHIBIT
A
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BOARD EXHIBIT
B
BOARD EXHIBIT
B
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BOARD EXHIBIT
C
BOARD EXHIBIT
C
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BOARD EXHIBIT
D
BOARD EXHIBIT
D
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BOARD EXHIBIT
E
BOARD EXHIBIT
E
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BOARD EXHIBIT
F
BOARD EXHIBIT
F
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BOARD EXHIBIT
G
BOARD EXHIBIT
G
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