Opinion
2 JD 2023
11-08-2023
IN RE: Judge Sonya M. McKnight Magisterial District Judge Magisterial District 12-2-04 12th Judicial District Dauphin County
MELISSA L. NORTON Chief Counsel ELIZABETH R. DONNELLY Deputy Counsel
MELISSA L. NORTON Chief Counsel
ELIZABETH R. DONNELLY" Deputy Counsel
BOARD'S RESPONSE PURSUANT TO ORDER OF OCTOBER 16, 2023
AND NOW, this 8th day of November, comes the Judicial Conduct Board of the Commonwealth of Pennsylvania (Board) and provides evidence in support of the Board's Petition to Suspend filed on September 6, 2023, 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 and the Constitution of the Commonwealth of Pennsylvania.
I. EVIDENCE
Theft of Time:
1. Sometime in November of 2021, Judge McKnight informed four (4) members of her staff that they could have two (2) vacation days in November and two (2) vacation days in December without utilizing their earned leave.
2. The staff was advised to schedule the days off with then Office Manager, Kimberly Ross-Seals.
3. Judge McKnight stated during her June 22, 2023, Deposition that she gave her employees an additional four (4) days of vacation leave, (See Attachment A, June 22, 2023 deposition transcript, pages 15 through 26).
Cooperation with Disciplinary Authorities:
4. On October 13, 2022, Board counsel sent Judge McKnight a Notice of Full Investigation and inquired as to whether she had given her employees extra vacation leave in November 2021, (See Attachment B, October 13, 2022, Notice of Full Investigation).
5. Judge McKnight submitted two (2) responses to the Notice of Full Investigation on November 7, 2022, and January 24, 2023 in which she denied that she granted her employees vacation leave in 2021. (See Attachment C, Responses to Notice of Full Investigation).
6. Contrary to her (2) responses to the Notice of Full Investigation, during her June 22, 2023 deposition, Judge McKnight admitted that she gave her employees an additional four (4) days of vacation leave.
Kimberly Ross-Seals Civil Complaint:
7. On March 23, 2022, J'Naia Stinson, one of Judge McKnight's court clerks, was opening the court office's daily mail and received a civil complaint from Kimberly Ross-Seals against Judge McKnight along with a check for the filing fee.
8. Ms. Ross-Seals claimed in her complaint that Judge McKnight owed her $2073.49 for an unpaid loan.
9. Judge McKnight advised her then Office Manager, Georgette Potts, to act like the complaint was never received.
10. The civil complaint was never docketed, the check was never cashed, and Ms. Potts placed the complaint and check in her desk.
11. If called to testify, Ms. Stinson would state that she opened the civil complaint on March 23, 2022, and provided the same to then Office Manager, Georgette Potts.
12. If called to testify, Ms. Potts would state that Judge McKnight advised her to act like the complaint was never received. Further, Ms. Potts would testify that at the direction of Judge McKnight she did not file the complaint.
Karen Johnson Favor:
13. On the evening of July 25, 2021, Judge McKnight called Ms. Johnson and requested she contact the Harrisburg Police Department Records Department and obtain a copy of a police report related to her criminal case.
14. If called to testify, Ms. Johnson would state that she received a phone call from Judge McKnight on the evening of July 25, 2021, requesting she obtain a copy of a police report pertaining to Judge McKnight's criminal case. Ms. Johnson would also testify that she felt pressured to comply with Judge McKnight's request based on her position as a Magisterial District Court Judge.
Attorney Brian Perry:
15. Attorney Brian Perry represented Judge McKnight from 2019 until December 2020.
16. On June 23, 2022, Dauphin County Court Administrator, Deborah Freeman, sent Judge McKnight an email advising her that per President Judge John Cherry's directive, she should not preside over matters involving attorney Brian Perry (See Attachment D, June 23, 2022 email).
17. Attorney Perry appeared before Judge McKnight on July 18, 2022, in the matter of Commonwealth v. William Ingram, III.
18. Attorney Perry represented the defendant, Mr. Ingram, on a charge of driving under suspension, DUI-related.
19. The parties negotiated the charge be reduced to driving without a license.
20. Judge McKnight accepted the agreement, heard the defendant's guilty plea and imposed a fine.
21. Judge McKnight admitted to presiding over the matter during her June 22, 2023 deposition. (See Attachment A, pages 80 through 90).
Officer Cummings:
22. On July 23, 2021, Judge McKnight filed a Citizen's Complaint with the City of Harrisburg against Harrisburg City Police Officer Anthony Cummings and three (3) other officers who were involved in her arrest and criminal charges.
23. Judge McKnight alleged in her Citizen's Complaint that Officer Cummings and the three (3) other Harrisburg City Police Department Officers, conspired together to destroy her character and credibility in the community.
24. On April 1, 2022, Officer Cummings filed a criminal complaint in the matter of Commonwealth v. Dominic Aaron Reynolds, wherein Mr. Reynolds was charged with possession of firearm prohibited and possession of drug paraphernalia.
25. Judge McKnight presided over Mr. Reynolds' preliminary hearing on April 25, 2022, and found the Commonwealth failed to establish a prima facie case for the possession of firearm charge.
26. Officer Anthony Cummings testified during Mr. Reynolds' April 25, 2022, preliminary hearing.
27. The Commonwealth refiled the charge on April 30, 2022, and Judge McKnight presided over the preliminary arraignment on May 4, 2022 and set bail in the amount of $50,000 secured.
28. During the June 6, 2022, preliminary hearing, Judge McKnight stopped the proceeding and requested the case be transferred to another Magisterial District Judge based on her prior involvement in the matter.
29. On July 13, 2022, Officer Cummings filed a criminal complaint in the matter of Commonwealth v. Cindy Louise Turner, wherein, Ms. Turner was charged with the felony offense of robbery.
30. Judge McKnight presided over Ms. Turner's arraignment on July 13, 2022, and released her on her own recognizance.
31. Judge McKnight testified to presiding over the matters above during her June 22, 2023 Deposition (See Attachment A, pages 90 through 102).
32. Judge McKnight failed to inform the parties in the Reynolds case and Turner case that she had a pending citizen's complaint against the arresting officer. (See Attachment A, pages 93 through 102).
X-It Red:
33. Judge McKnight maintained a Facebook page entitled 'Sonya Marie,' (See Attachment E, Facebook Name Sonya Marie with title of MDJ).
34. This Facebook page identified Sonya Marie as a judge and contained pictures of Judge McKnight in her judicial robe (See Attachment F, Facebook Picture).
35. On May 5, 2023, Judge McKnight posted on her Facebook page a picture of a product called 'X-it Red,' (See Attachment G, May 5, 2023 Facebook post picture).
36. Underneath the product, Judge McKnight posted, 'You do not want to miss out on this great business opportunity!!! All I can say is...it works, it's worth it, So let's get it. Reach out to me through messenger, phone or text,' (See Attachment H, Facebook post endorsing X-it Red).
37. Judge McKnight admitted to selling the product on behalf of her boyfriend and friend during her June 22, 2023, deposition, (See Attachment A, pages 114 through 118).
Failure to Give Precedence to Duties of Judicial Office:
38. The Dauphin County Magisterial District Judge night court calendar for 2023, was provided to the magisterial district judges on June 18, 2022, (See Attachment I, Night Court Calendar 2023).
39. According to the night court calendar, Judge McKnight was scheduled to work night court starting the morning of January 14, 2023 until Thursday, January 20, 2023.
40. Judge McKnight failed to appear for her assigned duty on Saturday, January 14, 2023, and the staff had to contact then District Court Administrator, Troy Petery.
41. District Court Administrator Petery was unable to contact Judge McKnight on her cell phone. Magisterial District Judges Barbara Pianka and Rebecca Jo Margerum provided coverage during Judge McKnight's absence on Saturday, January 14th, Sunday, January 15th and Monday, January 16th.
42. Due to Judge McKnight's unexcused/unexplained absence, President Judge Cherry issued an Administrative Order directing that Judge McKnight cover Judge Margerum's February on-call duty and Judge Pianka's June on-call duty (See Attachment J, President Judge John Cherry's Administrative Order).
II. ARGUMENT
Article V, § 18(d)(2) of the Pennsylvania Constitution and Rule 701 of the Court of Judicial Discipline Rules of Procedure, provides the Court with the authority to suspend Judge McKnight prior to trial based on the allegations set forth in the Board Complaint. When deciding whether to grant a Petition to Suspend, the Court utilizes a totality of the circumstances test. The factors included in this test are as follows: (1) nature of the alleged misconduct; (2) the relation of the alleged misconduct to the judge's duties; (3) the alleged misconduct's impact or possible impact on the administration of justice; and (4) the harm or possible harm to the public's confidence in the judiciary and (5) any other circumstances relevant to the misconduct.
Nature of the Alleged Misconduct
Judge McKnight has violated seven (7) different Rules Governing Standards of Conduct of Magisterial District Judges. The violations range from the most egregious violations of the law to failing to disqualify from matters wherein her partiality could reasonably be questioned. The wide array of misconduct reveals Judge McKnight's lack of understanding or concern for her responsibilities as a Magisterial District Judge. The Court should be most concerned with Judge McKnight's suppression of a civil complaint filed against her which led to the filers denial of access to the court system for redress. Relation of the Alleged Misconduct to Judge's Duties
Each of Judge McKnight's incidents of misconduct occurred during either the course of her position as a Magisterial District Judge or were the result of her abuse of her position as a Magisterial District Judge.
Impact on Administration of Justice
All the incidents of misconduct except her sale of'X-it Red' products negatively affected the administration of justice in Judge McKnight's judicial district. Specifically, Judge McKnight's dereliction of her duty to appear for her scheduled on-call weekend and provide court administration with a valid phone number resulted in court being delayed until coverage could be procured. Further, Judge McKnight's failure to recuse from matters where her impartiality could be reasonably questioned and blatant disregard of President Judge John Cherry's directive not to preside over matters with attorney Brian Perry disrupted the administration of justice.
Harm to Public Confidence in the Judiciary
Every incident of Judge McKnight's misconduct erodes the public's confidence in the judiciary. Most notably, Judge McKnight's suppression of Ms. Ross-Seals' civil complaint denied her constituent a fundamental right to redress. Further, Judge McKnight's actions were motivated by personal gain. Judge McKnight's behavior reflects someone who believes she is not bound by the law or the RGSCMDJ.
Other Circumstances
Judge McKnight was placed on probation by the Court on January 31, 2023 for a period of one-year. A specific condition of Judge McKnight's probation was that "Magisterial District Judge McKnight not commit any more ethical violation of any nature." Despite being under Court imposed supervision, Judge McKnight continues to engage in misconduct.
Based on the totality of the circumstances related to the factors outlined above, the Board respectfully requests that the Court suspend Judge McKnight without pay pending disposition of the Board Complaint.
III. APPOINTMENT OF COUNSEL
On September 19, 2023, the Board filed a Response to Request for Continuance wherein a request was made pursuant to Rule 601(A) to appoint counsel for Judge McKnight and pursuant to Rule 601(B) to direct she submit to physical/mental evaluation. This request was made in response to Judge McKnight's request for an indefinite continuance. If the Court is inclined to grant Judge McKnight's open-ended request for continuance based on claims of infirmity, the Board would request she submit to a medical evaluation and if pro se be appointed counsel as permitted under the Rules.
VERIFICATION
I, Elizabeth R. Donnelly, Deputy Counsel to the Judicial Conduct Board, verify that the statements made in the foregoing document are true and correct to the best of my knowledge. 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.
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.
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 Response Pursuant To Order Of October 16, 2023 was sent by UPS Overnight Mail as addressed below:
(Exhibit A Omitted)