Opinion
No. 13 JD 15
02-22-2016
IN RE: SUPREME COURT JUSTICE J. MICHAEL EAKIN
William C. Costopoulos, Esquire Pa Supreme Court ID No. 22354 Heidi F. Eakin, Esquire Pa. Supreme Court ID No. 43893 COSTOPOULOS, FOSTER & FIELDS 831 Market Street Lemoyne, Pennsylvania 17043-1518 Phone: 717.761.2121 Fax: 717.761.4031 Web: www.Costopoulos.com ATTORNEYS FOR JUSTICE EAKIN Francis J. Puskas II, Esquire Deputy Chief Counsel Pa. Supreme Court ID No. 76540 James P. Kleman, Esquire Deputy Counsel Pa. Supreme Court ID No. 87637 Elizabeth A. Flaherty, Esquire Deputy Counsel Pa. Supreme Court ID No. 205575 Judicial Conduct Board 601 Commonwealth Avenue, Suite 3500 P.O. Box 62525 Harrisburg, PA 17106 (717) 234-7911 COUNSEL FOR JUDICIAL CONDUCT BOARD OF PENNSYLVANIA
JOINT MOTION BETWEEN JUSTICE J. MICHAEL EAKIN AND THE JUDICIAL CONDUCT BOARD FOR PERMISSION TO PRESENT ADDITIONAL PROPOSED STIPULATIONS TO THE COURT OF JUDICIAL DISCIPLINE
AND NOW, this 22nd day of February, 2016, comes the Respondent Judicial Officer, Justice J. Michael Eakin, by and through his attorneys, William. C. Costopoulos, Esquire, and Heidi F. Eakin, Esquire, and the Judicial Conduct Board, by and through their attorneys, Francis J. Puskas, II, Esquire, Deputy Chief Counsel, James P. Kleman, Jr., Esquire, Deputy Counsel, and Elizabeth A. Flaherty, Esquire, Deputy Counsel ("the parties"), and respectfully aver the following in support of this Joint Motion:
1. On January 22, 2016, the Court of Judicial Discipline of the Commonwealth of Pennsylvania appointed Attorney Richard A. Sprague, President Judge Emeritus of the Pennsylvania Court of Judicial Discipline, and former member of the Judicial Conduct Board, as a resolution mediator to provide the parties whatever assistance they needed if there was any possibility of a resolution in the above-captioned matter.
2. In making the appointment, the Court requested that Mr. Sprague contact the parties regarding mediation, but not contact the Court or relay any of the details of his involvement in mediation efforts.
3. The parties have made a good-faith effort to reach a resolution through such mediation with Mr. Sprague.
4. Pursuant to the procedure outlined by the Court of Judicial Discipline, this Joint Motion is hereby filed and submitted to present additional proposed stipulations to the Court. The parties are hereby requesting permission to present such additional proposed stipulations at a hearing in open court and on the record, at which time the Court may make a decision to entertain such additional proposed stipulations which could lead to a resolution.
5. The parties understand that acceptance of such proposed stipulations and proposed resolution, once presented in open court, is at the discretion of the Court of Judicial Discipline.
RESPECTFULLY SUBMITTED:
/s/_________
William C. Costopoulos, Esquire
Pa Supreme Court ID No. 22354
/s/_________
Heidi F. Eakin, Esquire
Pa. Supreme Court ID No. 43893
COSTOPOULOS, FOSTER & FIELDS
831 Market Street
Lemoyne, Pennsylvania 17043-1518
Phone: 717.761.2121
Fax: 717.761.4031
Web: www.Costopoulos.com
ATTORNEYS FOR JUSTICE EAKIN
/s/_________
Francis J. Puskas II, Esquire
Deputy Chief Counsel
Pa. Supreme Court ID No. 76540
/s/_________
James P. Kleman, Esquire
Deputy Counsel
Pa. Supreme Court ID No. 87637
/s/_________
Elizabeth A. Flaherty, Esquire
Deputy Counsel
Pa. Supreme Court ID No. 205575
Judicial Conduct Board
601 Commonwealth Avenue, Suite 3500
P.O. Box 62525
Harrisburg, PA 17106
(717) 234-7911
COUNSEL FOR JUDICIAL CONDUCT
BOARD OF PENNSYLVANIA DATED: February 22, 2016. ORDER OF COURT
AND NOW this ___ day of February, 2016, upon consideration of the Joint Motion Between Justice J. Michael Eakin and the Judicial Conduct Board to Present Additional Proposed Stipulations to the Court of Judicial Discipline, the Joint Motion is hereby GRANTED, and a hearing in open court to consider the additional proposed stipulations shall be held on __________, 2016 at __________ m. in Courtroom No. __________, Pennsylvania Judicial Center, Harrisburg, Pennsylvania.
IT IS SO ORDERED.
BY THE COURT:
Hon. Jack A. Panella
Conference Judge