Opinion
No. 3 JD 01
04-01-2002
In re: Gigi Sullivan, Former District Justice In and For Magisterial District 05-3-03
BEFORE:
Honorable James E. Russo, P.J.
Honorable Ralph J. Sposato
Honorable Bonnie B. Leadbetter
Honorable Sal Cognetti, Jr.
Honorable Robert P. Horgos
Honorable Michele O'Leary
Honorable Debbie O'Dell Seneca
Honorable James E. Beasley
OPINION BY JUDGE O'LEARY
I. INTRODUCTION
The Judicial Conduct Board ("Board") filed a Complaint with this Court on October 2, 2001 against Former District Justice Gigi Sullivan ("Respondent"). The Complaint consists of five Counts, all based on Respondent's conviction of a felony.
The Board has charged that Respondent's conviction of a felony subjects her to discipline under Article V, §18(d)(1) of the Pennsylvania Constitution because the conviction constitutes:
1. a violation of Article V, §18(d)(1) of the Pennsylvania Constitution (conviction of a felony, Count 1),
2. a violation of Article V, §18(d)(1) of the Pennsylvania Constitution (conviction of an infamous crime, Count 2),
3. a violation of Article V, §18(d)(1) of the Pennsylvania Constitution (conduct which brings the judicial office into disrepute, Count 3),
4. a violation of Article V, §18(d)(1) of the Pennsylvania Constitution (conduct prejudicial to the administration of justice, Count 4), and
5. a violation of Article V, §17(b) of the Pennsylvania Constitution by virtue of violating Sections 903, 911 and 5105 of the Pennsylvania Crimes Code.
The Board and the Respondent have submitted stipulations of fact in lieu of trial under C.J.D.R.P. No. 502(D)(1), and a waiver of trial. The Court hereby accepts those stipulations of fact in pertinent part, recited below, as the facts necessary for disposition of this case.
II. FINDINGS OF FACT
1. The Judicial Conduct Board is empowered by Article V, §18 of the Constitution of the Commonwealth of Pennsylvania to file formal charges alleging ethical misconduct on the part of judges, justices or justices of the peace and to present the case in support of the formal charges before the Court of Judicial Discipline.
2. Respondent, former district justice for Magisterial District 05-3-03, commenced her service as district justice on or about January 3, 1994. On or about October 19, 1999, the Supreme Court of Pennsylvania entered an Order relieving the Respondent of all judicial and administrative duties. A true and correct copy of said Order of the Supreme Court is attached as Exhibit 1 to the Board Complaint. On or about January 2, 2000, the Respondent's term of office expired.
3. On or about March 10, 2000, by Information No. 105 of 2000, filed in the Court of Common Pleas of Allegheny County, the Respondent was charged by the Office of Attorney General with twenty separate criminal counts. A true and correct copy of said Information is attached as Exhibit 2 to the Board Complaint.
4. On November 9, 2000, pursuant to a plea agreement, the Respondent pleaded guilty to Count 6, Count 7, and Count 10 of Information No. 2000-105, before Judge Robert E. Colville of the Court of Common Pleas of Allegheny County. Said Counts charged Respondent as follows:
Count Criminal Conspiracy, in violation of 18 Pa.C.S. §903 and graded as a 6: felony; Count Corrupt Organizations, in violation of 18 Pa.C.S. §911(b)(3) and 7: graded as a felony 1; and Count Hindering Apprehension or Prosecution, in violation of 18 Pa.C.S. 10: §5105 and graded as a felony 3.A true and correct copy of the Transcript of the Guilty Plea Hearing is attached as Exhibit 3 to the Board Complaint.
5. On February 20, 2001, Judge Colville sentenced the Respondent to the following:
A. Count 6. Criminal Conspiracy (18 Pa.C.S. §903, Felony) : 23 months intermediate punishment; minimum 11 ½ months in Allegheny County Jail, alternative housing and work release; balance of maximum to be served on RIP (residential intermediate punishment); Defendant to complete 20 hours community service; B. Count 7. Corrupt Organizations (18 Pa.C.S. §911(b)(3), Felony 1 : 5 years probation; and C. Count 10. Hindering Apprehension or Prosecution (18 Pa.C.S. §5105, Felony 3) : 5 years probation concurrent with first 5 years at Count 7.A true and correct copy of the Transcript of the Sentencing Hearing is attached as Exhibit 4 to the Board Complaint.
6. Respondent did not appeal from the judgment of sentence and the convictions stand uncontested and final.
7. A true and correct copy of the docket entries from Commonwealth of Pennsylvania v. Gigi Sullivan, No. CC2000-105, Allegheny County, certified from the record on October 1, 2001, is attached as Exhibit 5 to the Board Complaint.
III. DISCUSSION
As spelled out in the Findings of Fact, Respondent has been convicted of three felonies. No appeal was taken from the judgment of sentence, thus, the convictions have achieved the requisite finality to warrant the imposition of discipline by this Court pursuant to Article V, §18(d)(1) of the Pennsylvania Constitution.
Respondent's convictions, alone, provide the grounds for the imposition of discipline. The Pennsylvania Constitution provides:
A justice, judge, or justice of the peace may be suspended, removed from office or otherwise disciplined for conviction of a felony . . . .Pa. Const. Art. V, §18(d)(1) (emphasis added). Thus, although the Board has charged the Respondent with other violations which may also justify the imposition of discipline, a review of those other provisions of the constitution would be superfluous for the criminal conviction provides a per se basis for discipline. In re Larsen, 746 A.2d 108 (Pa.Ct.Jud.Disc. 1999), see, also, In re Melograne, 759 A.2d 475 (Pa.Ct.Jud.Disc. 2000).
IV. CONCLUSIONS OF LAW
1. Respondent entered guilty pleas to three criminal counts charging her with violations of three criminal statutes, viz., 18 Pa.C.S. §903 (Criminal Conspiracy), 18 Pa.C.S. §911(b)(3) (Corrupt Organizations), and 18 Pa.C.S. §5105 (Hindering Apprehension or Prosecution).
2. These crimes are classified as felonies.
3. The aforesaid convictions subject Respondent to discipline under Article V, §18(d)(1) of the Pennsylvania Constitution.
Horgos, J., concurs in the result.
Decision Overview
Full details of decision: [p]
Opinion (O'Leary, J. - April 1, 2002) Per Curiam Order (April 1, 2002) Per Curiam Sanction Order (August 30, 2002) [/p]
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