Opinion
1 JD 2021
02-08-2021
IN RE: Judge Sonya M. McKnight Magisterial District Judge Magisterial District 12-2-04 12th Judicial District Dauphin County
PETITION FOR RELIEF FOR INTERIM SUSPENSION WITHOUT PAY
AND NOW, this 8th day of February, 2021, comes the Judicial Conduct Board of the Commonwealth of Pennsylvania (Board), by and through undersigned counsel, and files this Petition For Relief for Interim Suspension Without Pay pursuant to Article V, § 18(d)(2) of the Pennsylvania Constitution, Rule 701 of the Court of Judicial Discipline Rules of Procedure, and Rule 13(A) of the Board Rules of Procedure and in support thereof, avers the following: 1. From January 4, 2016, to the present, Judge McKnight has served continuously as a Magisterial District Judge in Magisterial District 12-2-04, Dauphin County, Pennsylvania. 2. On December 16, 2020, the Pennsylvania Office of Attorney General (OAG) charged Judge McKnight with Tampering with Evidence, 18 Pa.C.S.A. §4910, Obstructing Administration of Law, 18 Pa.C.S.A. §5101 and Official Oppression, 18 Pa.C.S.A. §5301, all second degree misdemeanor offenses. A copy of the Criminal Complaint is attached hereto as "Exhibit A," made a part hereof, and incorporated herein by reference as though set forth in full. 3. The offenses are alleged to have occurred on February 22, 2020, in Harrisburg, Pennsylvania. 4. The Criminal Complaint alleges, in relevant part, that Judge McKnight took advantage of her position as a judge while at the scene of her son's traffic stop on February 22, 2020, thereby allowing her to "move freely about the scene of the traffic stop because of her position as a Magisterial District Judge." 5. On December 17, 2020, Dauphin County President Judge John F. Cherry issued an Administrative Order placing Judge McKnight on administrative leave with pay effective that date. A copy of the Administrative Order is attached hereto as "Exhibit B," made a part hereof, and incorporated herein by reference as though set forth in full. 6. On February 8, 2021, the Board filed a Complaint in the Court of Judicial Discipline charging Judge McKnight with violating the Rules Governing Standards of Conduct of Magisterial District Judges (RGSCMDJ) and the Constitution of the Commonwealth of Pennsylvania in relation to her alleged criminal conduct as charged by the OAG. A copy of the Board Complaint is attached hereto as "Exhibit C," made a part hereof, and incorporated herein by reference as though set forth in full. 7. The Pennsylvania Constitution provides this Court with the authority to impose interim suspension as follows:
Prior to a hearing, the court may issue an interim order directing suspension, with or without pay, of any justice, judge or justice of the peace against whom formal charges have been filed with the court by the board . . . [.]
Pa. Const, Art. V, § 18(d)(2). 8. Judge McKnight has allegedly engaged in criminal conduct so egregious as to constitute an affront to the RGSCMDJ. 9. Public confidence in the judiciary has been and will continue to be undermined if Judge McKnight is permitted to continue presiding over a court after being charged with violations of the Crimes Code of Pennsylvania. 10. The reputation of the judiciary would be irreparably damaged if Judge McKnight is permitted to continue to presiding over a court after being charged with violations of the Crimes Code of Pennsylvania. 11. Based upon the serious nature of the offenses charged; the relation of the charges to the duties of a judge; the potential harm to the reputation of the judicial branch, and the potential harm to the public's confidence in the judiciary, the Board seeks interim suspension of Judge McKnight pending final disposition of the Complaint filed against her in this Court.
WHEREFORE, it is respectfully requested that this Honorable Court enter an interim order suspending Magisterial District Judge Sonya M. McKnight without pay pending disposition of the Board Complaint filed against her and to grant such other relief as may be deemed appropriate.
Respectfully submitted,
RICHARD W. LONG
Chief Counsel DATE: February 8, 2021
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 VERIFICATION
I, Melisa L. Norton, verify that the statements in this Petition for Interim Suspension Without Pay are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
Respectfully submitted, DATE: February 8, 2021
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 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 the date below a copy of the Board's Petition for Interim Suspension Without Pay was sent by UPS Overnight Mail to Heidi Eakin, Esquire, counsel for Magisterial District Judge Sonya McKnight at the following address, and by email:
Heidi Eakin, Esquire
2807 Market Street
Camp Hill, PA 17011
Email: heidieakin@gmail.com
Respectfully submitted, DATE: February 8, 2021
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
EXHIBIT A
Image materials not available for display.
EXHIBIT B
IN RE: MAGISTERIAL DISTRICT JUDGE SONYA M. MCKNIGHT AND MAGISTERIAL DISTRICT COURT 12-2-04 IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA 0010-34-MD-2020 AO # 53 ADMINISTRATIVE ORDER
AND NOW, THIS 17th day of December 2020, upon consideration of the criminal complaint filed by the Office of Attorney General of Pennsylvania against Magisterial District Judge (MDJ) Sonya M. McKnight, it is hereby ORDERED and DECREED that Sonya M. McKnight is placed on administrative leave with pay effective immediately.
It is further ordered that Sonya M. McKnight shall not reenter Magisterial District Court 12-2-04 located at 1805 N. Cameron Street, Harrisburg, Pennsylvania, nor shall she remove or cause to be removed any documents, materials, or equipment from said office other than personal effects. Further she shall not access, enter or modify any official court records via the MDJS or otherwise, nor shall she perform any duties related to being a MDJ.
Sonya M. McKnight shall deliver or have delivered her office keys, access cards, badges and any other documents, materials or equipment issued to her as a MDJ, to the Dauphin County Deputy Court Administrator for Magisterial District Judges, Troy Petery, at his office by 4:00 p.m. on Friday, December 18, 2020.
Court assignments in Magisterial District Court 12-2-04 shall be heard by Magisterial District Judges assigned by the Administrative Office of Pennsylvania Courts.
This Administrative Order shall be served on Sonya M. McKnight by the Sheriff of Dauphin County or his Deputy.
BY THE COURT:
/s/_________
John F. Cherry, President Judge DISTRIBUTION:
President Judge John F. Cherry
Judge Richard A. Lewis
Judge Scott Arthur Evans
Judge Deborah E. Curcillo
Judge Andrew H. Dowling
Judge William T. Tully
Judge Edward M. Marsico
Judge John Joseph McNally
Judge Royce Morris
Magisterial District Judges
Deborah Freeman, Esquire, District Court Administrator
Troy Petery, Deputy Court Administrator-Magisterial District Judges
Robert Sisock, Deputy Court Administrator-Criminal
District Attorney Fran Chardo
Mary Klatt, Esquire, Chief Public Defender
Chad Libby, Probation Services
Matthew Miller, Work Release Center
Joseph Mittleman, Esquire, Administrative Office of Pennsylvania Courts
Brian Perry, Esq.
Dauphin County Sheriffs Office
EXHIBIT C
TO: SONYA M. MCKNIGHT
You are hereby notified that the Judicial Conduct Board of Pennsylvania has determined that 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 8th day of February, 2021, comes the Judicial Conduct Board of the Commonwealth of Pennsylvania (Board) and files this Board Complaint against the Honorable Judge Sonya M. McKnight, Magisterial District Judge for Magisterial District 12-2-04, Dauphin County, Pennsylvania, alleging that Judge McKnight has violated the Rules Governing Standards of Conduct of Magisterial District Judges (RGSCMDJ) and the Constitution of the Commonwealth of Pennsylvania, as more specifically delineated herein.
FACTUAL ALLEGATIONS
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 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 4, 2016, to the present, Judge McKnight has served continuously as a Magisterial District Judge for Magisterial District Court No. 12-2-04 in Dauphin County, Pennsylvania. 3. During the early morning hours of February 22, 2020, a Harrisburg Bureau of Police Officer observed a suspected violation of the Vehicle Code and suspected drug activity. 4. The location where the suspected violation of the Vehicle Code and suspected drug activity took place was within the jurisdiction of Judge McKnight's magisterial district. 5. Immediately thereafter, the police officer conducted a traffic stop of the vehicle which was driven by Kevin Baltimore, age 31. 6. Baltimore is the son of Judge Sonya M. McKnight. 7. Three other police officers arrived to assist with the vehicle stop. 8. While one police officer was checking Baltimore's identity on her car computer, the other police officers observed Baltimore make a telephone call. 9. Baltimore told the police officers that he had called his mother, that she was a magisterial district judge and that she was on her way to the scene. 10. Prior to Judge McKnight's arrival at the scene, she placed a telephone call to Thomas Carter, Harrisburg Bureau Police Commissioner. 11. During the aforementioned telephone call with Commissioner Carter, Judge McKnight informed him that her son had been stopped by police. 12. While the police officers were processing the vehicle stop, Judge McKnight arrived at the scene. 13. While at the scene, Judge McKnight questioned the officers as to why the traffic stop had been initiated. 14. While at the scene, Judge McKnight questioned the police officers as to why her son was being arrested. 15. When one of the police officers searched Baltimore, he found plastic baggies containing crack cocaine, a scale and a razor on Baltimore. 16. Judge McKnight was present when the officer who conducted the search of Baltimore's person reported the results of the search to the officer in charge of the scene. 17. Judge McKnight told the police officers that they should not be searching her son. 18. In spite of the fact that Judge McKnight had already spoken to Commissioner Carter, she asked one of the officers if Commissioner Carter was on duty. 19. While at the scene, Judge McKnight entered her son's vehicle and took possession of a pill bottle that contained an unknown quantity of unidentified pills without the permission of any of the police officers. 20. Judge McKnight did not return the pill bottle to any of the police officers. 21. While at the scene, Judge McKnight took possession of Baltimore's car keys and an unknown sum of cash that police had taken from Baltimore. 22. On February 22, 2020, Kevin Baltimore was charged with two violations of the Controlled Substance Device and Cosmetic Act and one violation of the Vehicle Code. 23. All of the police officers at the scene were aware that Judge McKnight was a magisterial district judge. 24. Judge McKnight's conduct and presence at the scene intimidated the officers. 25. The Pennsylvania Office of Attorney General (OAG) conducted a criminal investigation into Judge McKnight's February 22, 2020 conduct. 26. In furtherance of its investigation, on November 12, 2020, the OAG interviewed Judge McKnight regarding her February 22, 2020 conduct. 27. On December 16, 2020, the OAG charged Judge McKnight with Tampering with Evidence, 18 Pa.C.S.A. §4910, Obstructing Administration of Law, 18 Pa.C.S.A. §5101 and Official Oppression, 18 Pa.C.S.A. §5301 for her conduct on February 22, 2020. A copy of the Criminal Complaint is attached hereto as "Exhibit A," made a part hereof, and incorporated herein by reference as though set forth in full. 28. Each of the offenses filed on December 16, 2020 are second degree misdemeanors and carry a possible sentence of up to two years of incarceration and a possible fine of up to $5,000. 29. The Criminal Complaint alleges in part that Judge McKnight took advantage of her position as a judge while at the scene of her son's traffic stop on February 22, 2020, thereby allowing her to "move freely about the scene of the traffic stop because of her position as a Magisterial District Judge." 30. By Administrative Order dated December 17, 2020, in consideration of the Criminal Complaint filed against Judge McKnight, Dauphin County President Judge John F. Cherry placed Judge McKnight on administrative leave with pay. A copy of the Administrative Order is attached hereto as "Exhibit B," made a part hereof, and incorporated herein by reference as though set forth in full. 31. Rule 1921 of the Pennsylvania Rules of Judicial Administration (Rule 1921) mandates:
[w]henever a judge receives notice that he or she is the subject of any federal or state criminal investigation or prosecution
through a target letter, a subject letter, a presentment, an indictment, an arrest, a summons, a complaint, or by any other legal process, the judge must report the receipt of such notice in writing to the Chief Justice and to the Judicial Conduct Board within five (5) days.32. Judge McKnight failed to comply with Rule 1921 and report to the Chief Justice of the Pennsylvania Supreme Court that she was the subject of a state criminal investigation. 33. Judge McKnight failed to comply with Rule 1921 and report to the Judicial Conduct Board that she was the subject of a state criminal investigation.
CHARGES
Count 1- Violation of Canon 1 , Rule 1.1 34. By virtue of some or all of the conduct set forth above, Judge McKnight violated Canon 1, Rule 1.1 of the Rules Governing Standards of Conduct of Magisterial District Judges (RGSCMDJ). 35. Canon 1, Rule 1.1 states the following:
Canon 1, Rule 1.1 Compliance with the Law.
36. By failing to comply with Rule 1921 of the Pennsylvania Rules of Judicial Administration as set forth above, Judge McKnight failed to comply with the law within the meaning of Canon 1, Rule 1.1 of the RGSCMDJ.A magisterial district judge shall comply with the law, including the Rules Governing Standards of Conduct of Magisterial District Judges.
Count 2 - Violation of Canon 1 , Rule 1.2 37. By virtue of some or all of the conduct set forth above, Judge McKnight violated Canon 1, Rule 1.2 of the RGSCMDJ. 38. Canon 1, Rule 1.2 states the following:
Canon 1, Rule 1.2 Promoting Confidence in the Judiciary.
39. By engaging in the conduct set forth above, Judge McKnight failed to promote confidence in the judiciary and avoid impropriety and the appearance of impropriety within the meaning of Canon 1, Rule 1.2 of the RGSCMDJ.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 3 - Violation of Canon 1 , Rule 1.3 40. By virtue of some or all of the conduct set forth above, Judge McKnight violated Canon 1, Rule 1.3 of the RGSCMDJ. 41. Canon 1, Rule 1.3 states the following:
Canon 1, Rule 1.3 Avoiding Abuse of the Prestige of Judicial Office.
42. By engaging in the conduct set forth above, Judge McKnight abused the prestige of her judicial office within the meaning of Canon 1, Rule 1.3 of the RGSCMDJ.A magisterial district judge shall not abuse the prestige of judicial office to advance the personal or economic interests of the magisterial district judge or others, or allow others to do so.
Counts 4 through 6 - Violation of Article V , § 17(b) of the Constitution of the Commonwealth of Pennsylvania 43. By virtue of some or all of the conduct set forth above, Judge McKnight violated Article V, § 17(b) of the Constitution of the Commonwealth of Pennsylvania. 44. Article V, § 17(b) of the Constitution of the Commonwealth of Pennsylvania states the following:
Justices and judges shall not engage in any activity prohibited by law and shall not violate any canon of legal or judicial ethics prescribed by the Supreme Court. Justices of the peace shall be governed by rules or canons which shall be prescribed by the Supreme Court.45. A violation of the RGSCMDJ constitutes an automatic, derivative violation of Article V, § 17(b) of the Constitution of the Commonwealth of Pennsylvania. 46. Judge McKnight violated Canon 1, Rule 1.1. 47. Judge McKnight violated Canon 1, Rule 1.2. 48. Judge McKnight violated Canon 1, Rule 1.3. 49. By violation of all, or some, of the Rules set forth above, Judge McKnight violated Article V, § 17(b) of the Constitution of the Commonwealth of Pennsylvania.
Count 7 - Violation of Article V , § 18(d)(1) of the Constitution of the Commonwealth of Pennsylvania 50. By virtue of some or all of the conduct set forth above, Judge McKnight violated Article V, § 18(d)(1) of the Constitution of the Commonwealth of Pennsylvania. 51. Article V, § 18(d)(1) of the Constitution of the Commonwealth of Pennsylvania states the following:
A justice, judge or justice of the peace may be suspended, removed from office or otherwise disciplined for . . . conduct which brings the judicial office into disrepute, whether or not the conduct occurred while acting in a judicial capacity[.]52. By engaging in the conduct set forth above, Judge McKnight engaged in conduct that was so extreme that it brought the judicial office itself into disrepute and thereby constitutes a violation of the Disrepute Clause of Article V, § 18(d)(1) of the Constitution of the Commonwealth of Pennsylvania.
WHEREFORE, Sonya M. McKnight, a Magisterial District Judge of Dauphin County, Pennsylvania, is subject to disciplinary action pursuant to the Constitution of the Commonwealth of Pennsylvania, Article V, § 18(d)(1).
Respectfully submitted,
RICHARD W. LONG
Chief Counsel DATE: February 8, 2021
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
VERIFICATION
I, Melissa L. Norton, Deputy 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,
RICHARD W. LONG
Chief Counsel Date: February 8, 2021
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 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, a copy of the Board Complaint was sent UPS Overnight Mail to Heidi Eakin, Esquire, counsel for Judge McKnight, at the following address and via email:
Heidi Eakin, Esquire
2807 Market Street, FL 1
Camp Hill, PA 17011.
Email: heidieakin@gmail.com
Respectfully submitted, DATE: February 8, 2021
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
EXHIBIT A
Image materials not available for display.
EXHIBIT B
IN RE: MAGISTERIAL DISTRICT JUDGE SONYA M. MCKNIGHT AND MAGISTERIAL DISTRICT COURT 12-2-04 IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA 0010-34-MD-2020 AO # 53 ADMINISTRATIVE ORDER
AND NOW, THIS 17th day of December 2020, upon consideration of the criminal complaint filed by the Office of Attorney General of Pennsylvania against Magisterial District Judge (MDJ) Sonya M. McKnight, it is hereby ORDERED and DECREED that Sonya M. McKnight is placed on administrative leave with pay effective immediately.
It is further ordered that Sonya M. McKnight shall not reenter Magisterial District Court 12-2-04 located at 1805 N. Cameron Street, Harrisburg, Pennsylvania, nor shall she remove or cause to be removed any documents, materials, or equipment from said office other than personal effects. Further she shall not access, enter or modify any official court records via the MDJS or otherwise, nor shall she perform any duties related to being a MDJ.
Sonya M. McKnight shall deliver or have delivered her office keys, access cards, badges and any other documents, materials or equipment issued to her as a MDJ, to the Dauphin County Deputy Court Administrator for Magisterial District Judges, Troy Petery, at his office by 4:00 p.m. on Friday, December 18, 2020.
Court assignments in Magisterial District Court 12-2-04 shall be heard by Magisterial District Judges assigned by the Administrative Office of Pennsylvania Courts.
This Administrative Order shall be served on Sonya M. McKnight by the Sheriff of Dauphin County or his Deputy.
BY THE COURT:
/s/_________
John F. Cherry, President Judge DISTRIBUTION:
President Judge John F. Cherry
Judge Richard A. Lewis
Judge Scott Arthur Evans
Judge Deborah E. Curcillo
Judge Andrew H. Dowling
Judge William T. Tully
Judge Edward M. Marsico
Judge John Joseph McNally
Judge Royce Morris
Magisterial District Judges
Deborah Freeman, Esquire, District Court Administrator
Troy Petery, Deputy Court Administrator-Magisterial District Judges
Robert Sisock, Deputy Court Administrator-Criminal
District Attorney Fran Chardo
Mary Klatt, Esquire, Chief Public Defender
Chad Libby, Probation Services
Matthew Miller, Work Release Center
Joseph Mittleman, Esquire, Administrative Office of Pennsylvania Courts
Brian Perry, Esq.
Dauphin County Sheriffs Office