Opinion
3 JD 2016
09-26-2016
IN RE: David W. Tidd Former Magisterial District Judge Magisterial District 03-2-04 Third Judicial District Northampton County
ROBERT A. GRACI Chief Counsel ELIZABETH A. FLAHERTY Deputy Counsel Pa. Supreme Court ID No. 205575 MELISSA L. NORTON Assistant 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
REPLY OF THE JUDICIAL CONDUCT BOARD TO MOTION FOR DISCOVERY
AND NOW, this 26th day of September, 2016, comes the Judicial Conduct Board of Pennsylvania by the undersigned counsel and files this Reply of the Judicial Conduct Board to the Motion for Discovery of the Respondent, David W. Tidd, by and through his counsel, Samuel C. Stretton.
1. Admitted.
2. Admitted in part and denied in part. It is admitted that the Judicial Conduct Board has been investigating allegations contained in confidential requests for investigation against Judge Tidd since August 2014. To the extent that any response is required, the Board will provide discoverable material within the sixty-day discovery timeframe as set forth in Rule 401(A) of the Court of Judicial Discipline Rules of Procedure.
3. To the extent that any response is required, the Board will provide a list of the names and addresses of witnesses it intends to call at trial in accordance with the direction of the Conference Judge pursuant to Rule 401(C) of the Court of Judicial Discipline Rules of Procedure. The Board will provide statements and transcripts of depositions within the sixty-day discovery timeframe as set forth in Rule 401(A) of the Court of Judicial Discipline Rules of Procedure. The Board does not intend to provide a list of all witnesses interviewed because the Board is not required to provide such a list which may include information that is not discoverable.
4. To the extent that any response is required, the Board does not possess such information.
5. At this time, the Board does not intend to call any expert witnesses. If the Board determines that expert testimony is required, the name of the expert(s) and anticipated testimony will be provided in accord with this Court's Rules.
6. Admitted. The Board will provide copies of audio/video recordings and transcripts of the four audio/video recordings possessed by the Board within the sixty-day discovery timeframe as set forth in Rule 401(A) of the Court of Judicial Discipline Rules of Procedure. The recordings were obtained by the Board during the ordinary course of its investigation.
a. August 28, 2014 audio/video recording provided by a court clerk;
b. September 2, 2014 audio/video recording provided by a court clerk;
c. May 19, 2015 audio/video recording provided by a court clerk; and
d. February 19, 2016 audio/video recording provided by a court clerk at the request of the Board.
7. To the extent that any response is required, see paragraph 6 above. The recordings were not obtained in violation of the Pennsylvania Wiretapping and Electronic Surveillance Control Act. Documentation within the possession of the Board related to the manner in which the Board obtained the recordings will be provided by the Board within the sixty-day discovery timeframe as set forth in Rule 401(A) of the Court of Judicial Discipline Rules of Procedure. See Reply to Omnibus Motion.
8. To the extent that any response is required, the contents of the audio/video recordings speak for themselves. To the extent that a response is required, the recordings were obtained lawfully.
9. To the extent that any response is required, the Board will provide discoverable material within its possession within the sixty-day discovery timeframe as set forth in Rule 401(A) of the Court of Judicial Discipline Rules of Procedure. To the extent that any response is required, the Board will provide a list of exhibits in accordance with the direction of the Conference Judge pursuant to Rule 401(C) of the Court of Judicial Discipline Rules of Procedure.
10. Denied as stated. To the extent that any response is required, the Board does not possess information related to the relationship of employees who worked with Judge Tidd and the President Judge, the Court Administrator and the Court of Judicial Discipline. As to the remainder of paragraph 10 in respondent's Motion for Discovery, the Board will provide discoverable material within its possession within the sixty-day discovery timeframe as set forth in Rule 401(A) of the Court of Judicial Discipline Rules of Procedure. See Reply to Omnibus Motion.
11. Denied as stated. This paragraph contains a request for information that is not properly addressed in a Motion for Discovery. By way of further response, a response to this request is contained within the Reply of the Judicial Conduct Board to Respondent's Omnibus Motion.
12. To the extent that any response is required, the Board will provide discoverable material within its possession including documents, exhibits and written reports within the sixty-day discovery timeframe as set forth in Rule 401(A) of the Court of Judicial Discipline Rules of Procedure. See Reply to Omnibus Motion.
13. To the extent that any response is required, the Board will provide discoverable material within its possession within the sixty-day discovery timeframe as set forth in Rule 401(A) of the Court of Judicial Discipline Rules of Procedure.
14. To the extent that any response is required, the Board will provide discoverable material within its possession including documents, exhibits and written reports within the sixty-day discovery timeframe as set forth in Rule 401(A) of the Court of Judicial Discipline Rules of Procedure. As to the request for a list of Common Pleas hearings related to Brenda Anthony, the board does not possess such information.
15. To the extent that any response is required, the Board does not possess such information.
16. No response required.
WHEREFORE, the Respondent' Motion for Discovery should be denied, except to the extent that discovery is permissible under the Court's Rules. DATE: September 26, 2016
Respectfully submitted,
ROBERT A. GRACI
Chief Counsel
By: /s/_________
ELIZABETH A. FLAHERTY
Deputy Counsel
Pa. Supreme Court ID No. 205575
/s/_________
MELISSA L. NORTON
Assistant 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 PROOF OF SERVICE
In compliance with Rule 122(F) of the Court of Judicial Discipline Rules of Procedure, on or about September 26, 2016, a copy of this Reply of the Judicial Conduct Board to Motion for Discovery was sent by first-class mail and by email to former Magisterial District Judge Tidd's counsel, Samuel C. Stretton, Esquire, at the following address:
Samuel C. Stretton, Esquire
301 South High Street
P.O. Box 3231
West Chester, PA 19381-3231
September 26, 2016
Respectfully submitted,
ROBERT A. GRACI
Chief Counsel
BY: /s/_________
Elizabeth A. Flaherty
Deputy Counsel
Pa. Supreme Court ID No. 205575
Judicial Conduct Board
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 3500
P.O. Box 62525
Harrisburg, PA 17106
(717) 234-7911