In re Tidd

Full title: IN RE: DAVID W. TIDD FORMER MAGISTERIAL DISTRICT JUDGE MAGISTERIAL…

Court: COMMONWEALTH OF PENNSYLVANIA COURT OF JUDICIAL DISCIPLINE

Date published: Feb 2, 2017

NO. 3 JD 2016 (Pa. Ct. Jud. Disc. Feb. 2, 2017)

Opinion

NO. 3 JD 2016

02-02-2017

IN RE: DAVID W. TIDD FORMER MAGISTERIAL DISTRICT JUDGE MAGISTERIAL DISTRICT 03-2-04 THIRD JUDICIAL DISTRICT NORTHAMPTON COUNTY

APPEARANCES: COMMONWEALTH OF PENNSYLVANIA JUDICIAL CONDUCT BOARD By: ELIZABETH A. FLAHERTY, ESQUIRE, DEPUTY COUNSEL MELISSA L. NORTON, ESQUIRE, ASSISTANT COUNSEL TONI I. SCHREFFLER, LEGAL ASSISTANT PENNSYLVANIA JUDICIAL CENTER 601 COMMONWEALTH AVENUE SUITE 3500 HARRISBURG, PENNSYLVANIA 17120 (717)234-7911 FOR - JUDICIAL CONDUCT BOARD LAW OFFICE OF SAMUEL C. STRETTON By: SAMUEL C. STRETTON, ESQUIRE 301 HIGH STREET WEST CHESTER, PENNSYLVANIA 19382 (610)696-4243 FOR - RESPONDENT

Bethann M. Mulay, Notary Public Registered Professional Reporter

VOLUME 2
PAGES 175 THROUGH 392 BEFORE: HONORABLE DAVID J. BARTON, CONFERENCE JUDGE HONORABLE JEFFREY P. MINEHART HONORABLE MICHAEL J. BARRASSE DATE : JANUARY 19, 2017, 9:53 A.M. PLACE : PENNSYLVANIA JUDICIAL CENTER 601 COMMONWEALTH AVENUE HARRISBURG, PENNSYLVANIA BY : BETHANN M. MULAY, NOTARY PUBLIC REGISTERED PROFESSIONAL REPORTER APPEARANCES: COMMONWEALTH OF PENNSYLVANIA
JUDICIAL CONDUCT BOARD
By: ELIZABETH A. FLAHERTY, ESQUIRE, DEPUTY COUNSEL

MELISSA L. NORTON, ESQUIRE, ASSISTANT COUNSEL

TONI I. SCHREFFLER, LEGAL ASSISTANT

PENNSYLVANIA JUDICIAL CENTER

601 COMMONWEALTH AVENUE

SUITE 3500

HARRISBURG, PENNSYLVANIA 17120

(717)234-7911

FOR - JUDICIAL CONDUCT BOARD LAW OFFICE OF SAMUEL C. STRETTON
By: SAMUEL C. STRETTON, ESQUIRE

301 HIGH STREET

WEST CHESTER, PENNSYLVANIA 19382

(610)696-4243

FOR - RESPONDENT

TABLE OF CONTENTS
WITNESS
DIANE KALE	DIRECT	CROSS	REDIRECT	RECROSS
BY MS. FLAHERTY	186, 224	—	300	—
BY MR. STRETTON	—	255	—	—
HON. F.P. KIMBERLY McFADDEN
BY MS. FLAHERTY	197	—	—	—
BY MR. STRETTON	—	212	—	—
AMBER GLASS
BY MS. FLAHERTY	316	—	343	—
BY MR. STRETTON	—	335	—	—
TRACIE DRAYTON
BY MS. FLAHERTY	347	—	379	—
BY MR. STRETTON	—	370	—	—
DANIEL BENCSICS
BY MS. NORTON	380	—	—	—

EXHIBITS
RESPONDENT EXHIBIT	PAGE
NUMBER 18 - 2/11/15 REPORT OF INTERVIEWOF DIANE KALE	266
NUMBER 19 - 2/12/16 REPORT OF INTERVIEWOF TRACIE DRAYTON	373

JUDGE BARTON: Good morning, everyone. Here we are I guess we're continuing to work with some technical difficulties. A little bit later -- we're starting a little bit later than we planned, but why don't we proceed. Counsel.

MS. FLAHERTY: Your Honors, I have just a couple of housekeeping matters if I may. First of all, when we were at sidebar yesterday, there was some confusion with the stipulations, and I believe we figured that out because the stipulations presented to Mr. Stretton the numbering of those differed from the complaint itself so that when Mr. Stretton sent his response as to what he would accept, what was admitted and what was not, that tracked the stipulation document which it does not line up number by number with the complaint. So my co-counsel, Ms. Norton, is attempting to rectify that situation for us so that it will be more certain as to what the stipulations are as we go through the complaint, and we'd be happy to provide a copy of that to Mr. Stretton and the Court when that has been completed.

JUDGE BARTON: That's fine. I think that we have obviously the document that was filed, and then on the record we stipulated to certain paragraphs in the complaint.

MS. FLAHERTY: Correct.

JUDGE BARTON: If you want to do more work towards that, we welcome that as well.

MS. FLAHERTY: Thank you. I also wanted to try to address an issue that was raised yesterday as to the fact that the clerks' names were not included in the complaint. The clerks were described but not necessarily named, and there was a concern raised by Mr. Stretton if Judge Tidd had notice. And I did take time to go back and look at Judge Tidd's depositions, and each name of all the clerks was discussed within that deposition, so certainly -- which took place in the summer, April and June I believe of 2016. So the notice is certainly provided.

As to the frustrations of all of us in how the proceedings went yesterday, we did try switching it up a couple of times to try to move things in. As Mr. Stretton I think is certainly in concurrence, the late arrival of the stipulations made it difficult to reorganize the presentation.

And the lack of stipulations to many of the specific cases made it necessary to try and get them in as efficiently as possible. It was slow, I agree. We tried reading it into the record from paragraph by paragraph. I think that was a different way to do it, but it was also extremely slow.

What I would like to try to do -- and, again, we're trying to match up our documents and retain what happened yesterday -- when we bring in witnesses, if we've had particular cases discussed by prior witnesses such that the Court is informed that those witnesses have covered that information, I will try to proffer to the Court these cases have been discussed in these paragraphs, these witnesses -- this witness will testify that she has -- was present on the day this occurred, that she observed what's stated in the complaint, that she participated in logging that information in the -- and memorializing it contemporaneously as presented in the Board exhibits. My hope is that that will help move things along and that we can focus on some of the bigger issues that we need to present to the Court.

JUDGE BARTON: Thank you.

MS. FLAHERTY: Certainly. We had planned that former President Judge now Judge Kimberly McFadden would be our first witness via videoconference. They're having some technical difficulties connecting with Northampton County Court of Common Pleas. So at this time we'd like to recall Diane Kale, and then our tech gurus will inform us whenever we can get -- hopefully we'll get Judge McFadden on after Ms. Kale is through.

JUDGE BARTON: That's fine. We're certainly happy to take Judge McFadden whatever works best with her schedule as well as technical circumstances.

MS. FLAHERTY: Great. And then one other issue that was raised yesterday had to do with whether there was -- whether these cases that have been mentioned so far were old cases and that perhaps laches or statute of limitations might apply.

And I did want to point out that those issues were presented in the omnibus petition and the motion to dismiss those was denied in the Court's order. I further wanted to explain, if I may, because two of you judges are new to the panel -- if you're already familiar with this, I do apologize -- but according to the Board rules, and it is at Rule 15 regarding time limitations, if I may read that into the record for you, except where the Board determines otherwise for good cause, the Board shall not consider complaints arising from acts or omissions occurring more than four years prior to the date of the complaint. And I'll pause there to say the complaint is the confidential request for information received from the complainant. That's not referring to the Board complaint. That's the confidential request for investigation. So it's four years prior to the date of the complainant's complaint.

However, when the last episode of an alleged pattern of recurring judicial misconduct arises within the four-year period, the Board may consider all prior acts or omissions related to such an alleged pattern of conduct.

So that's what we relied on when we argued it in our briefs in response to the omnibus motion, and we rely on that here today. If you were to look at the Board exhibits at Numbers 1 through 6, those are the confidential requests for investigation that we received. The first one received was anonymous. That was in August of 2014. That contains many of the issues that are presented -- have been presented to date and others you will hear about today. In addition, the complaints raised other issues that we had to investigate and are not necessarily charged here today.

Then in 2015 we received two signed complaints which are also a part of this Board complaint and have to do with conflicts of interest and with bankruptcy matters which is the final section -- it's Section G I believe in the complaint.

And then after that we also received three anonymous complaints in 2015 which tracked the issue of conflicts. So I wanted to reassure you that we received those complaints in 2014 and 2015. There were many, many issues raised. We investigated them as expediently as we could. And based on the fact of when the complaints were received and when the conduct occurred, the first one, 2014, would take us back to the year 2010 under our limitations period. Additionally, even if there was an issue, if one instance occurred between the particular limitations period, we could look back even further if there was a pattern of conduct. Thank you. Do you have any questions on that issue?

JUDGE BARTON: I think we're ready to proceed.

MS. FLAHERTY: All right, thank you. The Board calls Diane Kale.

JUDGE BARTON: One second. Mr. Stretton is standing up which signals to me he would like to speak. I'm going to give him the opportunity to respond.

MR. STRETTON: Just as you understand, I radically disagree with her interpretation of that rule because it would be meaningless. I could have complaints in 2008 and then 2016 you have similar complaints, I was mean to an officer, whatever, and they're saying the statute doesn't apply.

Secondly, I disagree. Complaint means when they filed the letter which is February of 2016, not when they receive it. And, third, there's laches. Remember DeLeon case which I won with then President Judge Sprague, and this Court dismissed all the charges against Judge DeLeon on laches. And this case has a lot of laches issues which we'll address in our brief later. We're ready to proceed.

JUDGE BARRASSE: Do you have a witness today that's going to be testifying?

MR. STRETTON: I do if we can do it. I don't want to interfere with their scheduling.

JUDGE BARRASSE: I didn't know if that was worked out or not.

MR. STRETTON: Mr. Waldron is available at 3:30 by telephone. He's leaving for Florida tonight or tomorrow. He's supposed to be here, but he said he couldn't make it, so I asked if we could do it by telephone. I'm not overly happy with doing it that way having him fully served. But they have a number of police officers they brought up, and let's see how it goes because they definitely want to get them in.

At noontime today I'm going to ask you what should I tell my other witnesses because it's hard for me to bring them back a second time. I don't have quite the gravitas of the Judicial Conduct Board. Many of them aren't overly thrilled with being put under subpoena. So I just have to be able to call them around 1:00 or my office, my paralegal, will as soon as I get direction from the Court. That doesn't mean we still can't do things tomorrow. If they finish their case tomorrow at noon, I still have David Tidd, and I'll put him on, his evidence. His testimony is the essence of the case. That's really what it comes down to.

JUDGE BARTON: We'll reassess where we are with respect to that as we break for lunch. Thank you.

MR. STRETTON: Our sequestration I see there's some potential witnesses in the room. There were.

JUDGE BARTON: Okay, we'll continue with sequestration. Ms. Flaherty, are there some Board witnesses in the courtroom at this time?

MS. FLAHERTY: Just Ms. Kale who has arrived for her testimony.

MR. STRETTON: Mr. Repyneck is in here. He could very well be called maybe by us depending on what his wife says.

JUDGE BARTON: He's not the Board's witness?

MS. FLAHERTY: He's not our witness, no.

JUDGE BARTON: Would you like him to step out insofar as you may call him?

MR. STRETTON: It's possible I may call him. I haven't subpoenaed him yet, but I may call him depending on what his wife says.

MS. FLAHERTY: That would be a surprise for the Board.

MR. STRETTON: I think he's listed in our pretrial memo.

JUDGE BARTON: Well, if he's your witness, you can certainly ask him to step outside, and we will meanwhile resume the direct examination of Ms. Kale.

MR. REPYNECK: Your Honor, do I have to?

JUDGE BARTON: Sir, because you are listed as a witness and there's been a motion to sequester witnesses so that they don't hear the testimony of other witnesses, we would ask that you will wait outside in the waiting area. Thank you. Ms. Flaherty.

THE COURT CRIER: I want to remind the witness you're still under oath.

DIANE KALE, recalled as a witness, having been previously duly sworn, testified as follows:

DIRECT EXAMINATION (cont'd.)

BY MS. FLAHERTY:

Q. Good morning, Ms. Kale.

A. Good morning.

Q. Ms. Kale, can you please describe what you know about Attorney James Burke and parking tickets or citations, parking citations filed at Judge Tidd's court?

A. Parking tickets would come in. Most of those are mailed out.

Q. Can you speak up?

A. Parking tickets are filed in the court, and most of them are filed -- mailed out because they put something on the windshield, and if they don't respond, then they issue a citation. Citations for Mr. Burke would come in. They would be docketed and mailed out regular mail and certified mail. And then if they sign for the citation, we waited 15 days for a response. And at the end of that time if they didn't do anything a warrant was issued.

Q. And how were warrants that might issue to Attorney Burke handled at your court?

A. I normally did the warrants, and normally I would just issue warrants. I didn't inform the judge of who I was issuing warrants for. At some point for Mr. Burke he came in and said a warrant for my arrest was issued, and then I was questioned by the judge on why I issued a warrant for Attorney Burke. I said that was procedure, he didn't respond, I issued a warrant.

Q. And what did Judge Tidd say to you?

A. He wasn't happy. He said I should have let him know that there was a warrant going to be issued for him and in the future if it occurred he was to be notified before

Q. Who was to be notified?

A. The judge said to let him know before I issued a warrant for Attorney Burke.

Q. And when you say judge, do you mean Judge Tidd?

A. Judge Tidd, yes.

Q. So was that an ongoing instruction?

A. Yes.

Q. And did you follow that? Did you alert Judge Tidd when a warrant was going to issue to Attorney Burke?

A. I did.

Q. And once you advised Judge Tidd, what did he do?

A. He usually got on the phone to him and called him and said, you know, you need to come in and take care of the citations.

Q. And what about if a warrant had already issued and was returned by a constable for Attorney Burke?

A. We were instructed -- there were a couple of warrants issued for Attorney Burke. Once we collected warrant fees, and the other time the judge instructed me to either cancel the fees so that the constable would not get paid or to put them on the county so that Attorney Burke wouldn't be required to pay them.

Q. What does that mean, putting it back on the county?

A. We enter -- we put it in and a cost sheet is submitted to the county for the constable to get paid the warrant fee.

Q. So would Attorney Burke end up having to pay in that instance?

A. The warrant fee, no.

Q. So in the first instance I think you mentioned that the constable was not to be paid. Is that it?

A. He did pay -- I believe he did pay one warrant fee. But after that, we were told to put it on the county cost sheet.

Q. Did you tell Judge Tidd at any time that that was improper?

MR. STRETTON: Objection. There's no suggestion that is improper. Judges have a lot of discretion.

MS. FLAHERTY: I asked

JUDGE BARTON: Overruled.

THE WITNESS: Yes, I did tell him that. I told him why should we turn it over to the county, he's no better than anybody else. Any other defendant that would come in they were required to pay the fees. I felt he should be -- Attorney Burke should have to pay them also. BY MS. FLAHERTY:

Q. And what was the response from Judge Tidd?

A. To just do what he said.

Q. And did you?

A. Yes.

MR. STRETTON: I'm sorry, I couldn't hear what she said.

JUDGE BARTON: Would you repeat -- we'll ask the court reporter can you repeat the question and then the answer, please.

MR. STRETTON: Two questions. I didn't hear the end of the last one and then

JUDGE BARTON: We'll go back two questions, Madame Court Reporter.

(The court reporter read back the referred-to portion of the testimony.) BY MS. FLAHERTY:

Q. So just to clarify, when Judge Tidd told you to just do it, did you continue to alert him when warrants would issue to -- were ready to issue to Mr. Burke -- or Attorney Burke?

A. Yes.

Q. In the Board complaint at Paragraph 97 we have six citation docket numbers for parking citations issued to Attorney Burke. Would you still have been working at the court during the period January 2010 through November 30th, 2014?

A. Yes.

MS. FLAHERTY: And those cases are -- dockets and case files are at Exhibit 49 through 54. And two other cases are listed at Paragraph 98, December 1st, 2014 through January 19th, 2016. BY MS. FLAHERTY:

Q. And was it during that period that you did retire from Judge Tidd's court?

A. I retired in December 2014, yes.

Q. Do you recall at what point you left his court in December?

A. I left early on to float to Judge Barner's office, so I was gone pretty much the whole month of December.

Q. So during the time that you were at the court, do you know if Judge Tidd instructed others to inform him when warrants were ready to issue for Attorney Burke?

A. Yes, we were all informed.

Q. And who is all?

A. Brenda Anthony, Cassie Bettler.

Q. Do you recall -- when Judge Tidd would contact Attorney Burke, do you recall the language that he would use when advising Burke of the citations? We have quoted language. I believe it's from a log. If you can verify, if he, Burke is in parentheses, didn't take care of it, I would be forced to issue a warrant.

A. Yes.

Q. Thank you.

MS. FLAHERTY: We're now going to proceed to Section E, Failure to Recuse. BY MS. FLAHERTY:

Q. Diane, do you recall Judge Burke appearing -- excuse me, do you recall Attorney Burke appearing at Judge Tidd's court representing clients?

A. Yes.

Q. And do you recall Judge Tidd speaking on the telephone with Attorney Burke?

A. Yes.

Q. And how is it that you would know when he was speaking with Attorney Burke?

A. Because we usually -- we answer the phone, and he would say who it was and he wanted to speak to the judge.

Q. And where would Judge Tidd be sitting when he was on the phone with -- when he took phone calls generally?

A. Right -- there were four desks in the office, and he was in the fourth desk.

Q. Did the fourth desk have a telephone?

A. Yes.

Q. Do you know if that telephone had originally been in his chambers?

A. It was in the chamber at one point, but it was at the back desk.

Q. It was transferred out from the chambers to the desk?

A. Yes.

Q. So he would carry on his conversations out there in the reception area or your working station area so you would overhear conversations?

A. All the time, yes.

Q. Did Judge Tidd speak with Attorney Burke on the telephone on a frequent basis?

A. Yes.

Q. Can you estimate how often?

A. Probably a couple times a week.

Q. And did you observe Judge Tidd and Attorney Burke going out to lunch?

A. Yes. They would talk about -- after he was done in the morning session, they would leave to go -- where are we going for lunch, yes, I heard that.

Q. Can you estimate how many times you observed them going out to lunch?

A. It was probably once or twice a month.

Q. And when you say once or twice a month, over what period of time?

A. From when I started in April of 2010 to when I left in December of 2014.

Q. At any time did you speak with Judge Tidd about transferring Attorney Burke's cases to another court?

A. When I -- in the first few months I was there, yes, we did mention to him, you know, did he want us to have it transferred because of their friendship, and his response was always, no, it's fine.

Q. And when you say we spoke to him about it, who would you mean?

A. Myself and Brenda Anthony.

Q. And did you raise the issue with him on more than one occasion?

A. Yes.

Q. And how did he respond each time?

A. Each time he said it's fine, I can -- I'll be able to handle it.

Q. Did you continue to advise him throughout your time at the court?

A. No, I did not.

Q. And why is that?

A. Because it fell on deaf ears and he was the judge, so.

MS. FLAHERTY: We're going to now turn to Paragraph 118. This is the Commonwealth versus Blair matter. It's at Exhibit 58 and log entry Exhibit 7, Page 32 through 33. BY MS. FLAHERTY:

Q. Diane, were you still employed at Judge Tidd's court in May of 2013?

A. Yes.

Q. Were you aware of a case Commonwealth versus Blair that involved the landlord of the district court?

A. Yes.

Q. Was the Commonwealth versus Blair case assigned to Judge Tidd's court?

A. Yes.

Q. Did you speak with Judge Tidd about transferring that case?

A. It was either myself or Brenda Anthony, yes.

Q. And how did he respond?

MR. STRETTON: Objection. She's not sure she spoke. She said she or Anthony.

JUDGE BARTON: Do you have a response?

MS. FLAHERTY: Yes. I can rephrase the question. BY MS. FLAHERTY:

Q. Were you present during a discussion with Judge Tidd about whether that case should be transferred?

A. Yes.

Q. And was Judge Tidd advised by one of you to transfer the case?

A. Yes.

Q. And how did he respond?

A. His initial response was let me check into it.

Q. And do you recall if he planned -- did he tell you that he planned to speak with the officer about whether the police chief made him write the citation?

A. Yes.

Q. And did he indicate that he would transfer that case?

A. No.

Q. What did he decide to do?

A. He decided to keep it.

Q. And what was -- do you recall the ultimate decision in the case?

A. He dismissed it.

MS. FLAHERTY: May I ask the Court's indulgence and my apology to Ms. Kale. We've just received notification that the videoconferencing is still an issue but the testimony from Judge McFadden can be obtained via telephone conversation. But she's only available for the next 20 minutes, so if I may excuse Diane once again and then recall you, we will not be long with our other witness.

JUDGE BARTON: Thank you, Ms. Kale. You may step down. And we can arrange for Judge McFadden.

Judge, good morning. This is Judge Barton. I am the presiding officer on the trial panel in this case. I want to alert you to the fact that you are on the speaker phone in the courtroom here in the judicial center. Good morning to you.

JUDGE McFADDEN: Good morning.

JUDGE BARTON: Just let us know when you're ready to proceed.

JUDGE McFADDEN: I'm ready.

JUDGE BARTON: Okay, first, Your Honor, although it used to be the case we didn't swear judicial officers in to give testimony, however, I guess that's been a few years ago. Ms. Flaherty, do you have questions for this witness?

MS. FLAHERTY: Yes.

JUDGE F.P. KIMBERLY McFADDEN, called as a witness, having been duly sworn, testified as follows:

DIRECT EXAMINATION

BY MS. FLAHERTY:

Q. Good morning, Judge McFadden.

A. Good morning.

Q. Would you please state your full name and spell your last name for the court reporter.

A. It's Frances Paula Kimberly McFadden. Last name is spelled, M-as in Michael-c-F as in Frank-a-d-d-e-n.

Q. And where do you reside?

A. In Bethlehem, Pennsylvania.

Q. Judge McFadden, could you please explain to the Court your educational background.

A. Yes. I graduated from Bryn Mawr College and then went on to law school at Villanova University.

Q. And also if you could review your professional background.

A. I practiced for 10 years, became a judge of this court by appointment from then Governor Casey in 1988 and ran for my first term in 1989 and have been on the bench since 1988.

Q. And during your term on the bench, have you had occasion to serve as president judge?

A. Yes, I did. From 2008 to 2013 I was the first elected president judge in Northampton County.

Q. And can you please explain what your duties as president judge include?

A. Well, when you're president judge in Northampton County, they include just about everything from people pulling on you to decide whether they can get more legal pads to issues of budget, et cetera.

Q. And is one of your -- was one of your responsibilities as president judge the supervision of magisterial district judges?

A. Yes, through the office of court administration and a deputy court administrator whose name is Debbie French. She was the first point person in that chain of command.

Q. And are you familiar with former Magisterial District Judge David W. Tidd?

A. Yes.

Q. And did you have occasion to supervise his work as a magisterial district judge?

A. Yes. When it came to the attention of Debbie French and then she intervened with me for meetings that I believe we had here at the courthouse.

Q. And do you recall dating back to 2011 that Debra French received complaints from the court clerks at Judge Tidd's district court?

A. Yes.

Q. And did Debra French advise you of the content of those complaints?

A. I believe that she did. I'm sure she did. I did not keep notes about any of these meetings or any of the concerns. This stuff usually happens between court things that I was involved in here at the courthouse.

Q. And so did you rely on Debra French to be the keeper of records for the meetings that you engaged in with Judge Tidd?

A. Yes, I did.

Q. And have you had a chance to review her documentation of the meetings that you attended with Judge Tidd?

A. Yes.

Q. And do you view those notes as being accurate?

A. Yes. Although I will say to you that I don't have independent recollection of the dates of the meetings, Debbie took the notes, and I have complete faith in the notes that she took.

Q. And do you recall that there was a meeting on August 11, 2011 with Judge Tidd?

A. I believe there might have been a meeting. I don't remember the date.

Q. According to Debra French's notes, the meeting took place on August 11th, 2011. Does that -- I would like to ask you, you remember the meeting itself, just not the exact date. Is that right?

A. Exactly, precisely, yes.

Q. Do you recall during that meeting that there was a discussion of a conflict of interest with Judge Tidd?

A. I remember that there was a discussion of a case that I believe was in front of him. I think the name was Nieves. But the details of that conflict I don't remember. I would have to rely on what Debbie has on her notes.

Q. Do you recall whether Judge Tidd told you at that time that he had sought an advisory opinion from the Special Court Judges Association Professionalism and Ethics Commission?

A. I do remember that he said he did refer to someone -- it must have been that if that's what Debbie has in her notes -- and that he was awaiting an opinion from them.

Q. And was it your expectation that Judge Tidd would provide you a copy of that advisory opinion?

A. I think that that was the request or that he suggested he would, and I don't ever remember seeing such an opinion. I don't know that Debbie did either.

Q. Do you recall another meeting with Judge Tidd that took place in February of 2012?

A. If you tell me that it's in her notes, then it happened.

Q. It is in her notes. Do you recall that during that meeting you -- do you recall what was discussed at that meeting?

A. On February -- when was it, February of 2012?

Q. Yes, February 13th, 2012.

A. No, I don't remember. But if you try to refresh my recollection unless you want me to look at the notes.

Q. If you would like to take a moment to look at that and refresh your recollection and then set it aside, that would be helpful.

MR. STRETTON: Objection. It's not the way you refresh recollection. It has to be your notes.

THE WITNESS: I have no such notes.

JUDGE BARTON: One moment. BY MS. FLAHERTY:

Q. You don't have those notes with you, so that's fine.

THE WITNESS: I have the notes of Debbie French, but I don't have personal notes.

JUDGE BARTON: Your Honor, one second, please. Ms. Flaherty, one second, please. Objection is overruled. Refreshing recollection can be

THE WITNESS: Okay.

JUDGE BARTON: A classic example you can use a teddy bear to refresh her recollection, so she's choosing to use someone else's notes. That's overruled.

THE WITNESS: Oh, yes. This is the one where something about he didn't want to wear his robe or he wasn't wearing his robe. BY MS. FLAHERTY:

Q. Yes.

A. Yes.

Q. It's on Page 2 of the memo to files. That first page is dated August 11th, and then the next to the last entry on Page 2 is February 13th. If you want to take a moment to read through that and then I can ask you a couple of follow-up questions.

A. Okay.

MS. FLAHERTY: And that's at Exhibit 28.

THE WITNESS: Okay, I'm ready. BY MS. FLAHERTY:

Q. First of all, did you -- at that meeting did you inform Judge Tidd that you had received complaints about him?

A. Yes.

Q. And who had complained to you?

A. I believe it was at a Christmas party the Christmas before this meeting that I unsolicited received a complaint from a person at the party. I don't remember who the person was, but.

Q. And besides that Christmas party, did you have complaints from other individuals about Judge Tidd's conduct?

A. I heard rumors about Judge Tidd's conduct, but no one filed a formal complaint except I think I remember there were some police officers who were unhappy with him. And I don't -- again, I don't know which police officers. That must have been the Hellertown Police or Lower Saucon.

Q. During that meeting, did you discuss Judge Tidd's use of four-letter words?

A. I don't know that I did. I think we talked about that at some point in -- I think I had three meetings with him, and I believe that may have come up. I have no independent recollection of the four-letter words, though, that we discussed. I know that it was a complaint.

Q. Well, within the document that you just -- or the entry that you just read, there was some information about the four-letter words. I don't know if you need another moment to refresh your recollection.

A. On the paragraph of 2/13/12 I don't see anything about four-letter words. Oh, yes, yes, I do, yep. Sorry, his use of four-letter words and difficulty in scheduling afternoon hearings. So if it's in that note, it must have happened, but I don't have an independent recollection about it.

Q. Within that note that you just reviewed, there's also mention of telling him to conduct hearings in the courtroom while wearing his robe. Do you remember a discussion about those issues?

A. I remember -- I only remember that if it's here on the note from Debbie that it happened, but beyond that I don't have an independent recollection of looking him in the eye and telling him that. I'm sure I did if it's in the note.

Q. So at this time you're testifying to the accuracy of the notes by Debra French, but your recollection is only after it's refreshed, it's not

A. Yes.

Q. -- it's not a spontaneous recollection?

A. Right.

Q. But you do recall the meetings?

A. Yes, I remember that there were three and -- it's kind of like three strikes and you're out -- if you have to come back in here again, I'm reporting you.

Q. Did you tell him that you would report him to the Judicial Conduct Board?

A. I believe I did, yes.

Q. And how did he respond?

A. Well, I don't know that -- I don't remember that he responded at all. I mean, I think he was kind of concerned, seemed to be concerned. I don't remember there being an argument. I just sort of made the statement, and that's what it was going to be.

Q. Have you ever handled complaints about a judicial officer other than Judge Tidd not wearing his robe?

MR. STRETTON: Objection.

THE WITNESS: I don't think so, not while -- while I was president judge, no, I don't remember any.

JUDGE BARTON: Mr. Stretton, do you have an objection?

MR. STRETTON: I just objected to any other judicial officer in confidentiality and that, but since she's already answered, I'll withdraw. BY MS. FLAHERTY:

Q. Do you recall ever being pulled out of court to address these issues that arose regarding Judge Tidd?

A. Yes.

Q. And so do you recall what that incident was about?

A. No. But I do remember being on the bench in arraignment court, and I believe Debbie and Jim Onembo who was our then court administrator met with him, and Mr. Onembo came into the courtroom in the middle of the buzz of arraignment court and said you need to come and address this. And I had to step down from the bench. And I think we met in the chambers of that courtroom briefly.

Q. And was the expectation that you were to correct Judge Tidd on his conduct?

A. Well, the expectation was that whatever it was that he was called in for that time I was to address with him. But meanwhile, you know, I was conducting business in the courtroom, so I didn't -- I don't remember it being a long discussion.

Q. Did you admonish him?

A. Yes, I think I did.

Q. Have you had an opportunity to review the Board's complaint?

A. Yes. I have that here, too, if you want me to look at something.

Q. No. I just wanted to make sure that you had an opportunity to review it. My next question is, are you -- were you familiar with Judge Tidd prior to his election to the bench?

A. Yes.

Q. And what was your knowledge of him?

A. He had -- he practiced here in Northampton County, and on occasion -- we randomly assign cases from our miscellaneous hearing list on a Friday, and on occasion I would have an assignment that involved him as an attorney.

Q. And what was his reputation in the community there in Northampton?

MR. STRETTON: Objection.

JUDGE BARTON: One moment, Your Honor.

MR. STRETTON: The Judge cannot give character or reputational testimony. It would be a violation of the rules of judicial conduct. The only way she can do it is to get permission from our Supreme Court, and they've never given it. I've tried repeatedly over the years to get it. So I hate to see her respond if she gives her opinion on character.

MS. FLAHERTY: I appreciate that input from Mr. Stretton. I was unaware and certainly would not have posed the question had I been.

THE WITNESS: So the question is withdrawn?

MS. FLAHERTY: Yes, it is.

THE WITNESS: Thank you. BY MS. FLAHERTY:

Q. Having read the complaint and knowing the meetings you had with Judge Tidd in the past, do you believe that the meetings were effective?

MR. STRETTON: Objection.

JUDGE BARTON: Basis of your objection?

MR. STRETTON: I'm not sure how anyone could answer that. There's no more meetings. She then finished her term as president judge and has been serving as a good common pleas judge. Judge Baratta took over. I mean, effective, I don't know what that means.

JUDGE BARTON: Do you have a response?

MS. FLAHERTY: I can rephrase.

JUDGE BARTON: Okay. BY MS. FLAHERTY:

Q. Judge McFadden, after your first meeting with Judge Tidd, did you believe that your feedback elicited changes in his conduct?

A. I was hopeful that it had, but then I had two more meetings.

Q. And after the second meeting with Judge Tidd, were some of the same issues discussed again?

A. I think so.

Q. So after that

A. The complaints continued.

Q. Complaints continued. And after your third meeting, did you believe that it had -- you had effected change?

A. Well, after the third meeting -- I think there was a period of time before I was done with my president judgeship that we didn't hear anything, so we assumed that maybe things were going well. When you hear nothing, you assume the best, and I had no reason to expect anything else.

Q. At any time did you meet with the court clerks from Judge Tidd's district court?

A. No.

Q. Are you aware that Debbie French met with them?

A. Yes.

Q. Did you and Debbie French discuss whether or not those clerks should file a complaint?

A. I believe I suggested that they could if they chose to, and I think maybe Debbie suggested that to them as well. And there was some reticence on their part because they were working in that office I think, and that's where it was left. This was not something that -- I wasn't in that office on a daily basis, so that was a choice they had to make.

Q. So was it your understanding that they chose to remain anonymous?

MR. STRETTON: Objection.

THE WITNESS: I think -- I don't know what they

JUDGE BARTON: Hold on, Your Honor, there's an objection.

THE WITNESS: Okay.

JUDGE BARTON: Mr. Stretton.

MR. STRETTON: She said she never talked to the clerks, everything went through Ms. French, so she would not be in a position to answer that.

JUDGE BARTON: Ms. Flaherty.

MS. FLAHERTY: Ms. French was working directly with Judge McFadden on the issues of supervising MDJ Tidd's court and fielding the complaints from the clerks on behalf of Judge McFadden, so I was asking the question if she was aware if the court clerks through managing that case if she was aware if they chose to remain anonymous.

JUDGE BARTON: You'll be calling Ms. French

MS. FLAHERTY: I will.

JUDGE BARTON: -- as a witness today. Is that correct?

MS. FLAHERTY: Yes.

JUDGE BARTON: Since I think she is the best source, I'll sustain the objection, and you can get that from her.

MS. FLAHERTY: Certainly. BY MS. FLAHERTY:

Q. Judge McFadden, who is serving as the president judge there in Northampton County now?

A. Stephen Baratta.

Q. And are you aware that Judge -- President Judge Baratta is on vacation out of the country at this time?

A. Yes, much needed and I'm glad for him.

Q. Did he ask you to advise the Court that he would be available if needed

A. Yes.

Q. -- upon his return?

A. Yes. I don't think he wants to be doing this from overseas, so.

MS. FLAHERTY: Thank you very much.

THE WITNESS: You're welcome.

MS. FLAHERTY: I do not have any more questions for you at this time.

THE WITNESS: Thank you.

MS. FLAHERTY: So I'll turn you over to Mr. Stretton.

JUDGE BARTON: Mr. Stretton, do you have any questions in the nature of cross-examination for Judge McFadden?

MR. STRETTON: I do but briefly.

CROSS-EXAMINATION

BY MR. STRETTON:

Q. Good morning, Judge McFadden.

A. Good morning.

Q. It's been a long time since I've been in your courtroom.

A. Yes.

Q. I think it was Dr. Pacifico many years ago.

A. Oh, my goodness indeed.

Q. That was before you were even president judge.

A. Yes, it was.

Q. You've got a good memory. I wasn't sure you'd remember the name.

A. Oh, I remember that. Yes, I do.

Q. Well, let me get serious now. You met with my client, David Tidd, on three occasions, late 2011 and the last occasion being February of 2012. Am I correct, Your Honor?

A. I believe so. That's what the notes reflect, yes.

Q. On each of those meetings there -- the first meeting you had was a little more specific. It involved a conflict of interest in the Nieves case where Judge Tidd had certain matters in his courtroom but his office a number of years before had filed bankruptcy litigation for Ms. Nieves. Am I right?

A. I think so, yes.

Q. And during that, you and Judge Tidd discussed issues of conflict when one's a judge and handling responsibilities and at the same time would have as a district judge has a private practice. Am I right?

A. I believe so, yes.

Q. And Judge Tidd said he was consulting with the magistrates' state ethics committee for the district judges of Pennsylvania. Am I right?

A. That's my memory, yes.

Q. And he said he was seeking some sort of advisory letter?

A. Yes.

Q. And to your recollection, you don't recall whether you received that letter or not or your staff did?

A. I don't remember seeing it. If it was received, it would probably have been received by Debbie French.

Q. The second issues that were discussed in I guess collectively in these three meetings were Judge Tidd wearing his robe in the courtroom. Am I correct?

A. Right, yes.

Q. And you told Judge Tidd that he should wear his robe when he's on the bench or in the courtroom. Am I right?

A. I think so, yeah.

Q. But there is an issue about him at the counter receiving waivers and things of that nature. Was there any discussion about wearing the robe at the counter, or don't you have a recollection?

A. I don't have a recollection about a robe at the counter. I do remember the phrase fast food justice because it was kind of informal the way he was doing things in his office which, you know, he was -- it was suggested to him that there were better ways to proceed.

Q. And who used that term? Was that your use, or was that Ms. French's use, or is it just a word you had heard through the rumor mill in Northampton County?

A. I think through the rumor mill, and it may have been repeated by Jim Onembo, the court administrator at the time.

Q. You never had any complaints, though, from clients of Mr. Tidd -- not clients, excuse me, litigants in former Judge Tidd's courtroom, did you, Your Honor?

A. I believe that the person, whoever that was, and I honestly don't remember who talked to me at a Christmas party, may have been a litigant in front of him and that's how it came up.

Q. Other than that, you received no other complaints. Am I right?

A. Well, as I said earlier, there were police officers who were unhappy. I don't remember who they were, what their intentions were, what their complaint was. I think it had to be with accessibility to hearings. But I don't have any of that paperwork, and I don't -- I can't say definitively when that happened or what it was about.

Q. So what was discussed at those three meetings was conflict of interest, i.e. Nieves, wearing one's robe, and finally be careful of your language?

A. And the language, yes.

Q. There was no other specificity given former Judge Tidd at those meetings as to what he was doing right or what he was doing wrong. Is that a fair statement?

A. I don't know that that's true. I think that whatever information was provided at those meetings was provided to Debbie French, repeated by Debbie French in the context of the meeting and the admonitions were given thereafter.

Q. Well, you saw the notes that Ms. French made.

A. Yes.

Q. And pretty much I've summarized the substance of those meetings in my

A. Yes.

Q. What I --

A. But I just want you to understand that it wasn't just, hi, wear your robe, stop using the F word, leave the office. Debbie was -- if anyone had been specific about the complaints that were coming both from staff and from the public, she was the one that would bring that up and let everybody know what we're talking about, and then I would admonish him about his behavior.

Q. Judge Tidd has told me that other than the subject matters that I raised with you that there was no specificity given him at the meetings even though he asked for more specific complaints. Do you have a recollection of Judge Tidd making that request?

A. No, not at all.

Q. Now, during this time period, we know from the records here that starting in about November or December of 2011 Ms. French asked one of the clerks at Judge Tidd's office to start submitting weekly complaints or weekly summaries about Judge Tidd.

A. Right.

Q. Did you authorize that?

A. I don't think we talked about it.

Q. Were you aware at some point particularly during the time of the last meeting in February 2012 that there had been weekly complaints submitted by Ms. LeVan and others -- other clerks including Ms. Kale to Ms. French about Judge Tidd during that time period?

A. I did not know the names of the individuals, but I did know that there were a series of constant complaints about his behavior.

Q. And were you aware that those complaints continued to come in at the urging of Ms. French during 2012, 2013, and 2014 on a weekly basis?

A. I am aware that there were complaints that were constant. I don't know if they were on a weekly basis or just whenever they popped up. If they popped up on a weekly basis, then unfortunately I'm sure they submitted them.

Q. Did you ever consider bringing Judge Tidd in and showing him these complaints so he could respond and/or reform his conduct?

A. Not during -- only the meetings that I had with him and to the extent that these folks did not want retaliation from the -- in the workplace and so -- I was done in I believe early June of 2013.

Q. But at least during your tenure you never instructed Ms. French or you, yourself, never called or met with Judge Tidd and said, look, I'm going to summarize these specific complaints on this day X, this day Y so he could have a chance to reform or change his conduct, you never did that nor told Ms. French to do that. Am I right?

A. I don't remember ever saying that, and I -- when we talked in our meetings about his behaviors, I was as specific -- as much specific as these notes indicate.

Q. Now, in the one note you had mentioned and you also so testified that three strikes and you're out, that is you had met with him three times and if there is going to be new complaints you would report him to the Judicial Conduct Board, if I recall

A. Yes.

Q. Now, you never did report him to the Judicial Conduct Board?

A. Nope.

Q. And were you aware that despite these complaints that they were being held no one sent them to the conduct board timely or to anyone or to Judge Tidd timely so there could have been a response or a defense on a timely basis?

A. I only know what I didn't -- what I did do, not what I didn't do. We offered to the staff to make that complaint for them, and they asked us not to, so. They were concerned about retaliation.

Q. Were you aware -- excuse me one second, Your Honor. I just want to pull this paper out. Were you 220 aware that over the years Judge Tidd's record of disposition and handling of the cases was excellent, he was one of the top producers in your county as district judge and had almost no backlog? Were you aware

A. No, I was not.

Q. Did you ever look -- I'm looking at all the statistics here. I can't show them to you because we're long distance. But you never checked to see that during this time period if he was performing his duties in an efficient fashion?

A. The only thing I checked on was his behavior in the courtroom. I don't -- I don't sit on top of the magistrates. That's not my job. I oversee when -- I oversaw when there was a problem, and the problems were what were coming to me.

Q. And were you aware, and I have the documents, I can't show them because I'm too far away from you, that his office was regularly audited by the appropriate agencies?

A. Well, I would assume so.

Q. And there was no discrepancies, no problems with the audits or anything during that time period?

A. I was not aware of it, but I don't have any reason to doubt you.

Q. So after February of 2012 then, you had no other meetings with District Judge Tidd about his conduct in his courtroom or some of the issues that were raised here?

A. I don't believe so.

MR. STRETTON: Thank you very much. It's a pleasure talking to you, Judge.

THE WITNESS: Nice talking to you, too.

JUDGE BARTON: Ms. Flaherty, any redirect?

MS. FLAHERTY: No, I have no redirect. Thank you.

JUDGE BARTON: Judge McFadden, thank you so much for taking time from your day to appear in this matter.

THE WITNESS: I'm pleased that we were able to finally get this going. I'm sorry the video didn't work, but this testimony I hope is sufficient.

JUDGE BARTON: Thank you so much, and you have a great day.

THE WITNESS: Thanks. You too.

JUDGE BARTON: I guess we will resume with the direct examination of Ms. Kale.

DIANE KALE, recalled as a witness, having been previously duly sworn, testified as follows:

JUDGE BARTON: Good morning again, Ms. Kale. We thank you for your indulgence while we took President Judge McFadden's testimony out of order. Thank you, Ms. Flaherty. You may proceed.

MS. FLAHERTY: Thank you. If I could just have a moment to collect my thoughts, just a brief moment.

JUDGE BARTON: Certainly.

MS. FLAHERTY: We're proceeding to Section F of the Board complaint. Ms. Kale, I'm going to proffer a bit of information for the Court which means that I will advise them how I believe you will testify to this section because some of it is repetitive with what we've already covered with ex parte communication.

Ms. Kale will testify that Judge Tidd regularly worked things out at the counter rather than in the courtroom, that he would talk to the defendant or the police officer, whoever arrived first, that the hearings at the counter between 2011 and February of 2016 included summary traffic trials, landlord/tenant hearings, preliminary hearings and -- waivers of preliminary hearings and preliminary arraignments.

MR. STRETTON: Just to make sure I understand, we're doing the procedure we discussed yesterday, but I just want to know which paragraph she's 223 reading. We agreed that she would say this. I just want to make sure that she's reading

JUDGE BARTON: Are we deviating from the format of using paragraphs?

MS. FLAHERTY: As I mentioned earlier, I was not going to read every single paragraph into the record. I was going to try to introduce the information unless we get to a specific factual -- specific substantive court case at which time we will be more specific. These were some of the general allegations. If you'd prefer that we do it the other way, we can try.

MR. STRETTON: I'm okay this way as long as she references the paragraphs. I'm okay as we said last night to move this along that if she wants to read the paragraphs or summarize them.

MS. FLAHERTY: I'm trying to summarize them, and I will indicate the paragraphs.

MR. STRETTON: That that's what they would say the witness would testify to. I don't want to be hear until Christmas in this matter, so, but I just need to know the paragraphs so I can make sure they're within the confines of the summary.

JUDGE BARTON: If you would reference the paragraph numbers as you create the proffer, I think that would be helpful and that would satisfy Mr. Stretton.

MS. FLAHERTY: Well, I can inform the Court that the only -- there's only two paragraphs that are stipulated to which are Paragraphs 121 and 125 out of this entire section.

MR. STRETTON: We understand that, but what we said last night I said I would allow her to read or summarize each of the other paragraphs with the proviso she would say though stipulated to them but that's what her witness would say.

JUDGE BARTON: Let me ask counsel to step forward, and we'll be off the record.

(Discussion held off the record at sidebar)

(Recess taken)

JUDGE BARTON: Good morning again, Ms. Kale. You're seated in the witness stand. You're becoming a professional witness. This I think is your fourth time sitting. You may proceed.

MS. FLAHERTY: Thank you.

DIRECT EXAMINATION (cont'd.)

BY MS. FLAHERTY:

Q. Welcome back.

A. Thank you.

Q. As I mentioned previously, we're going to cover the Section F, Failure to Accord Full Right to Be Heard. Diane, we're going to switch it up yet again. I will be asking you questions going through paragraphs in the complaint, if you would listen closely, and I'll ask you if that's a correct statement.

A. Okay.

Q. At Paragraph 120 -- you were at Judge Tidd's court between 2011 and December 2014, correct?

A. Yes.

Q. And during that time, did he conduct summary traffic trials, landlord/tenant hearings, preliminary arraignments, and waivers of preliminary hearings at the counter?

A. Yes.

Q. Did he conduct any of those proceedings in the courtroom?

A. Very few.

Q. What were the circumstances under which he would go into the courtroom?

A. Where the officer would request that he wanted a hearing or the attorney would.

Q. Paragraph 121 is stipulated to. Paragraph 122, same time period, 2011 through December of 2014, if a defendant were to request that a hearing be held in the courtroom, would Judge Tidd accommodate that defendant?

A. Yes.

Q. Same time period, when a -- that in Paragraph 123, when a defendant arrived for a scheduled traffic summary trial, did Judge Tidd encourage a plea agreement at the counter whether or not the police officer was present?

A. Yes.

Q. Did that occur on a routine basis?

A. Yes, it did.

Q. Between 2011 and December 2014 unless a criminal defendant or the defendant's attorney specifically requested a preliminary arraignment in the courtroom, did Judge Tidd routinely conduct the preliminary arraignments at the counter?

A. Yes, he did.

Q. Same time period, 2011 to December 2014, unless a criminal defendant or the defendant's attorney requested a waiver of a preliminary hearing in the courtroom, did Judge Tidd routinely conduct such waivers at the counter?

A. Yes, he did.

Q. Paragraph 126, same time period, 2011 to December 2014

MR. STRETTON: Just note my objection. Remember, she's only there until 2014, and she's reading to 2016.

JUDGE BARTON: Actually she has been changing the dates when she's reading it. She references the paragraph, and she references the date through 2014, although it's been '15 in the paragraphs which I interpreted as being circumscribed by this witness's limited time of employment at the court. Is that correct, Ms. Flaherty?

MS. FLAHERTY: Yes. I've been very specific that the time period ended December 2014 for this witness.

JUDGE BARTON: Your specificity is noted. Objection is overruled. Please proceed. BY MS. FLAHERTY:

Q. I believe we were at Paragraph 126. Between 2011 and December 2014 when a criminal defendant opted to waive his or her preliminary hearing, did Judge Tidd routinely direct you or another clerk to explain the waiver process to that defendant?

A. Yes.

Q. Did Judge Tidd routinely forego explaining the legal process to the defendant himself?

A. Yes.

Q. Paragraph 127, between 2011 and December 2014 when pro se criminal defendants arrived for their scheduled preliminary hearings, did Judge Tidd routinely encourage them to waive hearings even when they had questions or when they were interested in obtaining an attorney?

A. Yes.

Q. Did that occur on a routine basis?

A. Yes, it did.

Q. Between 2011 and December 2016, did Judge Tidd tell pro se criminal defendants who appeared for preliminary hearings that those hearings could not be continued and they must decide that day whether or not to waive the hearing?

A. Yes, it did until December of 2014, yes.

Q. Thank you. Did I misread the date? I appreciate the correction. So that should stand at between 2011 and December 2014. Paragraph 129, between 2011 and December 2014, did Judge Tidd conduct preliminary arraignments of criminal defendants without looking at the criminal complaint?

A. Yes, he did.

Q. Same paragraph, same time frame, 2011 to December 2014, did Judge Tidd conduct preliminary arraignments of criminal defendants without looking at the affidavit of probable cause?

A. Yes, he did.

Q. Did these two instances occur on a routine basis?

A. Yes, they did.

Q. Between 2011 and December 2016 when Judge Tidd presided over -- I got it wrong again. Between 2011 and December 2014 when Judge Tidd presided over waivers of preliminary hearings at the counter, did he fail to inform the criminal defendants of the charges filed against them merely telling them to read the criminal complaint?

A. That's correct.

Q. Did that occur on a routine basis?

A. Yes, it did.

MS. FLAHERTY: Next paragraph is 131. I'm going to modify from the way it's written to ask if Ms. Kale has information pertaining to this paragraph. BY MS. FLAHERTY:

Q. During the same time period, when Judge Tidd conducted preliminary arraignments, did you observe that he failed to inform each defendant of his right to an attorney?

A. Occasionally, yes.

Q. Did you observe that Judge Tidd failed to explain the criminal charges contained in the complaint to the defendant?

A. Yes.

Q. Was that a routine basis?

A. Yes, it was.

Q. And was Judge Tidd focused on quickly completing the proceedings during that time frame?

A. Yes.

Q. Including preliminary arraignments?

A. Yes.

Q. In your observations of Judge Tidd performing video arraignments -- did you observe Judge Tidd performing video arraignments?

A. Yes.

Q. And how much time would he typically take to perform a video arraignment?

A. Three to five minutes.

Q. Between 2011 and December 2014, and this is at Paragraph 132, did Judge Tidd repeatedly instruct his court clerks to act in his stead and to handle court matters when he was absent from his court?

A. Until December 2014 for me, yes.

Q. Between 2011 and December 2014, did Judge Tidd ask you and other court clerks to act in his stead and handle court matters when he was busy in the courtroom?

A. Yes, he did.

Q. Did he ask -- during the same time period, did he ask you and other clerks to act in his stead and handle court matters when he would be otherwise occupied?

A. Yes, he did.

Q. Did this occur on a routine basis?

A. Yes, it did.

Q. What type of matters did Judge Tidd request that you handle in his stead?

A. Traffic hearings, civil cases, landlord/tenants, criminal waivers, nontraffic dispositions.

Q. Did he ask you to handle waivers of preliminary hearings?

A. Yes, he did.

Q. Did he ask you to handle preliminary arraignment and bail issues?

A. Yes, he did.

Q. Did he ask you to obtain the signatures of defendants on the appropriate paperwork in his absence?

A. Yes, he did.

Q. And then what would happen with that paperwork?

A. When he would come in, he would sign it. Then we would be required to mail it to defendants.

Q. Did you also have to mail copies to central court or central booking?

A. Yes, we do send paperwork down to the county, yes.

Q. So was the signed paperwork on the preliminary arraignments and bail issues were those all held for his signature before going to central booking at the county? Am I saying the word right? Did you say central booking?

A. Well, we're -- you're talking arraignment and preliminary hearings. It's two different procedures for that.

Q. Please explain to the Court.

A. With the preliminary arraignment the paperwork would stay until he would sign it and we would have a preliminary hearing. The preliminary hearing, if I handled a waiver of preliminary hearing, it would wait for his signature on the formal arraignment and the other papers, and that would get sent -- because we have completed it, that would get sent down to the county.

Q. And in terms of the direction to you and other court clerks to handle matters, did you tell Judge Tidd that you did not want to follow this directive?

A. I did tell him that I -- it wasn't my job, but I was instructed to just do it.

Q. How many times do you recall objecting to being told to handle matters?

A. In the beginning frequently and then I gave up.

Q. On numerous occasions -- do you recall on numerous occasions between 2011 and December 2014 that Judge Tidd told the court clerks they don't pay me enough to hold hearings?

A. Yes, I did.

Q. And during that same time period, do you recall Judge Tidd saying this is nothing but traffic court?

A. Numerous times, yes.

Q. I now direct your attention

MS. FLAHERTY: And now we're at Paragraph 134. I apologize if I've not named each paragraph. I am going in sequence. BY MS. FLAHERTY:

Q. 134, do you recall November 30th, 2011 when Judge Tidd directed the court clerks to keep the hearings as scheduled for December 1st and to handle them in his absence?

A. Yes, I do.

Q. Did you participate in recording notes on this event?

A. Yes, I did.

Q. And were those notes made contemporaneously or at the same time as this occurred?

A. Yes.

Q. On that date, November 30th, 2011, did Judge Tidd instruct you and other court clerks that despite his absence on December 1st, 2011 that you should accept reduced pleas from defendants who appeared for their summary traffic trials?

A. Yes.

Q. Paragraph 136, that on that same date on November 30th, 2011 did Judge Tidd instruct you and other clerks that despite his absence on December 1st they should process the paperwork where defendants wanted to waive preliminary hearings?

A. Yes.

Q. Did he advise you that he would sign the paperwork later?

A. Yes, he did.

Q. Do you recall if that was one of the days that you objected to the instruction?

A. I don't recall.

Q. On that same date, November 30th, at Paragraph 137 did Judge Tidd instruct you and other court clerks that during his absence on December 1st they should reschedule proceedings only where the defendants insisted that you do so?

A. Yes.

Q. Did you have an opportunity to review the Board complaint prior to appearing here today?

A. Yes.

Q. And did you have an opportunity to look at Paragraph 138 where counsel listed a number of cases that were handled on December 1st, 2011?

A. Yes.

Q. And did you have an opportunity to look back into the records to determine who the court clerks were who signed off on those various cases?

A. Yes.

Q. And how would you sign off on the case?

A. For each entry in a case on a computer whoever puts in -- adds anything your first initial and last name appears each line on what occurs in each case.

Q. And so did you have an opportunity to check back into the MDJS system

A. I did.

Q. -- on those cases? And did you determine who handled those matters on December 1st, 2011?

A. I did.

Q. And did you notice another clerk's name on some of those cases as well?

A. I did, yes.

Q. And who was that?

A. Lisa LeVan.

Q. This is pertaining to just generally because we've had prior testimony about the one case where bail was set that that was not a case that you had handled that day.

A. Correct.

Q. But in prior testimony you've said that you had been instructed in the past to handle preliminary arraignments and set bail. Could you describe to the Court whether or not you received instruction from Judge Tidd as to what the bail should be in a case listed for you to handle?

A. His normal bail was either ROR or $1,500 unsecured.

Q. For all of the cases?

A. Most, yes.

Q. For most of the cases that came before him for preliminary arraignments?

A. Yes.

Q. Can you spell out what you mean by ROR?

A. Released on their own recognizance.

Q. And when an individual defendant is released on his own -- his or her own recognizance, is that without any bail being set, or is that a type of bail?

A. There is no money required, no.

Q. But is it still considered a bail -- a type of bail?

A. Yes, it is.

Q. And in those cases where bail is set at $1,500 would you have received instruction from Judge Tidd based on the cases listed on a calendar page? Let me back up. If Judge Tidd on day one says to you, handle matters on day two, would he have reviewed the calendar ahead of time for day two?

A. No, he would not.

Q. So he would not know what cases were necessarily listed the following day?

A. That's correct.

MR. STRETTON: Objection. How does she possibly know he didn't look at his calendar unless she's sitting next to him eight hours a day?

JUDGE BARTON: Sustained. The witness can answer to the extent she made an observation that he did or didn't. Obviously whether he did or didn't she can't say.

MS. FLAHERTY: I'll rephrase. Thank you. BY MS. FLAHERTY:

Q. Let's go back to the hypothetical day one, day two. In those instances where Judge Tidd asked you the day before to handle matters the following day did you observe him checking through the list on the calendar page for day two?

A. No, I did not.

Q. Would you have had a discussion with him on day one about the pending cases on day two?

A. No, I did not.

Q. You stated a moment ago that Judge Tidd typically set bail one of two ways, ROR or 1,500

A. Unsecured.

Q. 1,500 unsecured, thank you. Did you observe Judge Tidd when he himself was setting bail in those preliminary arraignments

A. Yes.

Q. -- at the counter? And when he conducted those preliminary arraignments, was a police officer necessarily present?

A. Not always, no.

Q. In the absence of a police officer would he review bail conditions or bail criteria to determine -- with the defendant to determine the bail that should be set?

A. No, he did not.

Q. When an officer was present for a preliminary arraignment and you observed it at the counter, do you recall if he reviewed bail criteria with the officer prior to setting bail?

A. Not very often.

MS. FLAHERTY: I'll now proceed to Paragraph 139. BY MS. FLAHERTY:

Q. This is a case January 12th, 2012, Commonwealth versus Bortz. Were you at the court that day?

A. Yes.

Q. Do you recall that the defendant in that case requested a hearing and Judge Tidd acted annoyed?

A. Yes.

Q. Do you recall that Judge Tidd put on his robe and said to the defendant, go into the courtroom now?

A. Yes.

Q. And do you recall after the Bortz case hearing had completed what happened next?

A. No.

Q. Do you recall Judge Tidd coming out of the courtroom and throwing the citation onto the clerk's desk and stating, guilty, nobody stands a chance in a hearing with me today?

MR. STRETTON: Objection. Her answer was, no, she didn't recall. I mean, to accommodate the Court, I'm letting her lead, lead, lead, lead. But at same point I'm going to get tired of this. And in some of the ways it's coming in my cross is not going to be a half hour, it might be three hours. I mean, there's so many things here just preposterous. He never looked at this. He never read complaints. I mean, at some point

JUDGE BARTON: Well, the Court takes that testimony for its value.

MR. STRETTON: I know. But, I mean, she's under oath.

JUDGE BARTON: Obviously the witness can't know whether he looked at it not in her presence.

MR. STRETTON: But she said she did -- she said he never did. That's her testimony under oath, and I intend to spend some time on that. I mean, I just assumed she wouldn't be saying things like that, but if you're going to have rank perjury, then we're

JUDGE BARTON: I'll sustain the objection as to leading. The witness testified she didn't recall. There's limits as to how much we're going to let you lead.

MS. FLAHERTY: All right, well, then that's my -- I went off script a little bit just reading the paragraphs, so I guess that

JUDGE BARTON: Well, whatever works best.

MS. FLAHERTY: Sure, sure.

JUDGE BARTON: I can tell you when there's an objection made I'm going to consider it and rule on it.

MS. FLAHERTY: Yes. BY MS. FLAHERTY:

Q. Were you present at the court, Diane, on January 23rd, 2012?

A. Yes.

Q. Do you recall a case Commonwealth versus Richardson?

A. Yes.

Q. In that case the defendant and the citing officer, Trooper Ace, arrived at the court for an 11:00 a.m. summary trial. Judge Tidd was behind -- in his office behind a closed door. Do you recall that on that date a court clerk accepted the defendant's guilty plea to a lesser charge in accord with Judge Tidd's instruction to handle court matters?

A. Yes.

Q. Were you present at court on January 24th, 2012?

A. Yes.

Q. Do you recall a matter Diehl versus Warjas?

A. Yes.

Q. In that case the defendant was represented by an attorney. Do you recall that Judge Tidd did not swear anyone in for that proceeding?

A. Yes.

MS. FLAHERTY: That was at Paragraph 141. We're now at Paragraph 142, and that is a Rule 540(A) of the Pennsylvania Rules of Criminal Procedure regarding audio-visual communication, so I would ask for judicial notice on that.

JUDGE BARTON: Court takes judicial notice of Rule 540 of the Pennsylvania Rules of Criminal Procedure. BY MS. FLAHERTY:

Q. Do you recall Judge Tidd telling you about conducting preliminary arraignments when he was on night duty on February 6th, 2012 when the Polycom videoconferencing device took greater than 10 minutes to start up?

A. Yes.

Q. Do you recall Judge Tidd telling you that he presided over a number of preliminary arraignments without the video feed?

A. Yes.

Q. Did you have an opportunity to review Paragraph 142 where it sets forth the cases that he presided over without video feed?

A. Yes.

Q. And were those the cases that were decided that date by him on night duty?

A. Yes.

Q. Did you have occasion to document that information in the log?

A. Yes.

Q. At Paragraph 144 do you recall Judge Tidd telling you and other clerks at his court about a February 8th, 2012 phone conversation with Deputy Court Administrator French pertaining to a February 13, 2012 meeting?

A. Yes.

Q. Did Judge Tidd tell you that issues to be discussed at that planned meeting included his unavailability for court hearings and conducting hearings at the counter of the reception area of his court?

A. Yes.

Q. Were those some of the issues that you had complained about to court administration?

A. Yes, it was.

Q. Paragraph 145, do you recall Judge Tidd telling you and other clerks at his district court about a February 8th, 2012 telephone conversation that he had with court administrators, Jim Onembo, O-n-e-m-b-o, and Debra French?

A. Yes.

Q. Do you recall Judge Tidd telling you that the issues to be discussed at that meeting included his judicial process and the priority he gave to his law practice over his responsibility as a judge?

A. Yes.

Q. Do you recall Judge Tidd telling you that the conversation on February 8th, 2012 also included mention that it was to be discussed at that meeting that there was an impression that his court was a fast food court?

A. Yes.

Q. Had you heard that expression before?

A. Yes.

Q. Where had you heard it before?

A. From the public that had come in and from police officers.

Q. What was your reaction when you heard that your court where you had worked for those years was referred to as a fast food court?

MR. STRETTON: Objection.

JUDGE BARTON: Sustained. BY MS. FLAHERTY:

Q. Were you present at district court on May 23rd, 2014 for the case -- when the case Commonwealth versus Clark was scheduled?

A. Yes.

Q. Clark had three -- I'll just read it. There were three cases, Commonwealth versus Clark, one for operation following suspension of registration, one for operation without required insurance, and one for operation while driving privileges suspended. Do you recall that?

A. Yes.

Q. Do you recall where Judge Tidd presided over those cases?

A. At the counter.

Q. And did you document that information in your notes that were then typewritten into the log?

A. Yes.

Q. Were you present at the court on August -- this is Paragraph 147. Were you present at the district court on August 27, 2014 when a defendant needed to be arraigned in the case Commonwealth versus Passaro?

A. Yes.

Q. Do you recall that Judge Tidd conducted that arraignment via videoconferencing without an officer present?

A. Yes.

Q. Do you recall that during that arraignment Judge Tidd did not look at the criminal charges or explain them to the defendant and did not question him?

MR. STRETTON: Objection. Two points. First, how is she going to answer that? And, second, as I understand the law, a police officer doesn't have to be there through the arraignment. Why are we wasting our time on this? Ask a clerk, police officer wasn't there. So what. They don't have to be there for arraignments, happens all the time.

And did he look at it or not, unless she's standing over his shoulder maybe people take things home at night, maybe they read it over lunch. I mean, it's just -- it's getting absurd.

So I object to this at this point. I mean, we have to have it tied to some fact and recollection, not just read the paragraphs, yeah, yeah, yeah, yeah. I mean, we're getting to the point where again I'm seriously thinking there's rank perjury here. She's just saying anything and things that she wouldn't even know. And I just disagree with that.

I want to move these cases forward, but I don't want to make us the fast food court either. If this is the kind of testimony we're going to get, this is like also eating a McDonald's burger, we'll have had a heart attack in a month. So I object to the way this is going.

JUDGE BARTON: Thank you. And I think the -- I'm going to sustain in part at least the objection. I think the format needs to be read the paragraph, ask the witness if the witness has recollection of that event, and then perhaps the witness can add something beyond the written testimony based upon that witness's recollection of that specific event. The hour is now beyond 12:20. This Court -- I think this is a great time to take a lunch break. This Court will be in recess until 1:15. Thank you.

(Recess taken)

JUDGE BARTON: Good afternoon, everyone. Ms. Flaherty, you will resume.

MS. FLAHERTY: Good afternoon. BY MS. FLAHERTY:

Q. Welcome back again, Diane. We're going to return to Paragraph 147. We had been discussing the case of Commonwealth versus Passaro, and I wanted to just discuss what occurred at the end. Mr. Stretton correctly pointed out and also Judge Barton that it would be appropriate to rephrase. So during the arraignment in Passaro, the way it's written in the complaint is Judge Tidd did not look at the criminal charges, did not explain the charges to the defendant, and did not question him. Did you participate in documenting that information into the log?

A. Yes, I did.

Q. And by that phrase, did you observe Judge Tidd looking at the criminal charges in that case?

A. No, I did not.

Q. Did you observe Judge Tidd explaining the charges to the defendant?

A. No, I did not.

Q. And did you observe Judge Tidd questioning Passaro?

A. No, I did not.

Q. Is there anything else about that case that you can recall?

A. Not that particular case. He generally did not read complaints. He would sit in the back and yell, what are the charges to a police officer or to myself, and I would have to get up and get the file. All the files were on the counter for the day, and he never got up and got the file. It was either for the policeman or the officer to say what the charges were or for one of us to get up and go get the file.

Q. And when you say he called it out from the back, where are you referring to?

A. At the back desk. He sat at the back desk with the three of us.

MS. FLAHERTY: We'll now move to Section H, Failure to Wear Judicial Robes. This is at Paragraph 244. BY MS. FLAHERTY:

Q. Beginning in 2011 and continuing through December of 2014, did Judge Tidd routinely fail to wear his judicial robes when he conducted proceedings at the counter?

A. Yes.

Q. Did you at any time remind him to wear his robes?

A. In the beginning, yes.

Q. When you say in the beginning, could you define that?

A. Shortly after I was there for a few months I would remind him, and then I gave up.

Q. Beginning In 2011 -- this is at Paragraph 245. Beginning in 2011 President Judge McFadden and Northampton County court administrators received complaints that Judge Tidd failed to wear his robes and conducted proceedings at the counter. Did you complain to those -- to the president judge or to court administration about those issues?

A. Yes, I did.

Q. And were you aware that on -- this is Paragraph 246 -- that on three occasions beginning in August 2011 ending in February 2012 that Judge Tidd met with President Judge McFadden and court administrators?

A. Yes, I was.

Q. Did he share with you that those meetings involved his job performance?

A. Yes, he shared them.

Q. I believe you've previously testified that Judge Tidd told you during the February 13, 2012 meeting that President Judge McFadden told him to wear his robes. Is that correct?

A. Yes.

Q. After that February 13, 2012 meeting with the former President Judge McFadden and the court administrators and continuing through your time there December 2014, did Judge Tidd routinely fail to wear those robes while conducting proceedings at the counter?

A. He did not wear them, no.

JUDGE BARTON: Ms. Flaherty, may I interrupt for just a moment for a question for the witness because I want to be clear on one thing. You've used the term proceedings. BY JUDGE BARTON:

Q. Ms. Kale, my question would be, did you ever witness when Judge Tidd was at the counter with a police officer and traffic defendant that he would swear anybody in? When we say a proceeding and summary trials, are you suggesting to me that witnesses were sworn and testimony was taken at the counter?

A. No one was sworn in, sir.

Q. Or was it simply that an officer said, Judge, I discussed with the defendant, I'll amend the citation, he's agreed to plead guilty?

A. It wasn't always -- that wasn't always the case, no.

Q. So were -- because, again, this is important. I want to be clear. When we talk about a proceeding in determining whether a trial was conducted, did you witness occasions when the policeman would testify -- although if you're not sworn, I'm not sure it's testimony -- as to what happened and then the defendant would testify or state what happened?

A. Yes, they would both state, but at no point was anybody sworn in, no.

JUDGE BARTON: Thank you. I apologize for the interruption. BY MS. FLAHERTY:

Q. And to clarify what those proceedings were at the counter, I had generalized that, and I want to be more specific. At Paragraphs 244, 245, and 248 in those paragraphs it's spelled out that Judge Tidd was at the counter conducting traffic summary trials, landlord/tenant hearings, preliminary arraignments, and waivers of preliminary hearings at the counter. Is that correct?

A. Yes.

Q. And during those times, he was not wearing his robe?

A. Correct.

MS. FLAHERTY: This is in Disregard for the Dignity of the Judicial Robes at letter I, Paragraph 249. BY MS. FLAHERTY:

Q. Diane, did you ever witness Judge Tidd sleeping on the floor of his judicial office in his robes?

A. Yes, I did.

Q. Do you recall that that happened on January 12th, 2012 with the Commonwealth versus Zheng cases?

A. Yes.

Q. Is there anything else you can remember about that incident?

A. Just that he was lying on the floor on his side with his coat as his pillow and wearing his robe.

Q. Did you ever have a conversation with him about that?

A. No.

Q. Diane, between 2011 and December 2014 did Judge Tidd ever direct you to change dispositions of cases in the magisterial district judge computer system?

A. Yes, he did.

Q. Can you describe that, please?

A. If there was a traffic hearing and the officer and defendant were there or if just the officer was there and defendant didn't show up, a guilty plea was entered. If the defendant came in and had the time wrong and the judge happened to still be there, he would then direct me to change it to something else as opposed to telling him to go down and take his appeal because the officer had been there and there had already been a hearing.

Q. And did that happen on a frequent basis?

A. It happened occasionally.

Q. Is changing a disposition is that the same thing as backing it out of the system?

A. Yes. I would have to -- yes, I would have to back out the guilty finding and change everything, yes.

Q. Were you present at the district court when the audiovisual system was installed?

A. Yes, I was.

Q. And do you recall how that came about?

A. We were -- Judge Tidd was always looking for upgrades to the security in our office because we didn't have window -- a counter window. And when he was out at continuing ed in Harrisburg, he found someone that was head of security and told him there was money there, all the court administrator from Northampton County had to do was ask and it would be reimbursed for any security upgrades.

Q. And was that Ms. French?

A. Yes, that's Ms. French.

Q. And so did Judge Tidd discuss that with you?

A. Yes. He had the gentleman come out. There were two gentlemen that came out and looked at our office and made suggestions, and he okayed them.

MS. FLAHERTY: Thank you very much. I am through with direct.

JUDGE BARTON: Mr. Stretton, do you have any questions for this witness?

MR. STRETTON: I do.

JUDGE BARTON: Please proceed.

CROSS-EXAMINATION

BY MR. STRETTON:

Q. Good afternoon, Ms. Kale. Can you hear me okay?

A. Yes.

Q. Now, you worked for five district judges before you came to work for my client, former Judge Tidd. Am I right?

A. Four, sir.

Q. And the last one you were fired for insubordination. Am I correct?

A. You're incorrect.

Q. What judge did you work for?

A. The last one?

Q. Yes.

A. Judge Taschner.

Q. You were asked to leave. It wasn't voluntary. Am I right?

A. She told me she was having me reassigned.

Q. And there was issues of you not complying with her orders and requirements?

A. You're incorrect.

Q. So you're telling me that you weren't let go for insubordination reasons?

A. Absolutely not.

Q. But you -- the judge did not want you to continue to work there?

A. That's correct.

Q. Now, you have a son who's a police officer. Am I right?

A. That's correct.

Q. What's his name?

A. Matthew Messinger.

Q. Messinger?

A. Yes.

Q. He worked at that time when you were there with Hellertown Police Department?

A. Part time, yes.

Q. And your son would often appear in the courthouse where you were working when you worked with Judge Tidd. Am I right?

A. Yes.

Q. He would have hearings there. Am I right?

A. Yes.

Q. And he was routinely late, correct?

A. No, that's not correct.

Q. If I told you I had other officers tell you that's the case, that wouldn't refresh your recollection?

A. No, it wouldn't.

Q. You used to have to cover for him.

A. How would I cover for him?

Q. Try -- he'd call you and say I'm coming late, tell the judge, things of that nature.

A. No, sir.

Q. Do you know what it means to be under oath by the way?

A. Absolutely.

Q. Do you know it means to tell the truth?

A. Absolutely.

Q. Do you know the penalties for not telling the truth?

A. No.

Q. Now, let's just make sure I understand, go back a little. You came and started working for Judge Tidd -- former Judge Tidd in 2010. Am I right?

A. Yes, April.

Q. And you remained there until December of 2014?

A. Correct.

Q. You never filed a complaint with the Judicial Conduct Board about Judge Tidd, did you?

A. No.

Q. You never sent any notes over to Debra French or Judge McFadden or later Judge Baratta. Am I right?

A. Did I send notes, no, I did not.

Q. So during this -- what you're telling us now you never made any complaints to anyone during that time period of 2010 to 2014?

A. No, that's incorrect.

Q. Who did you make your complaints to?

A. Debra French.

Q. In writing?

A. I don't recall if it was in writing. I know I talked to her on the phone.

Q. How often and when did you talk to her on the phone?

A. I talked to her four different times.

Q. What times?

A. The exact dates I am not sure of.

Q. Last time was in 2012?

A. I'm not sure.

Q. But you left in 2014, so you had nothing to fear after you left. Am I right?

A. I don't understand the question.

Q. You left the job in 2014 with former Judge Tidd. You could have filed a complaint thereafter. You were no longer in his office, right?

A. We had already sent things out to the Judicial Conduct Board.

Q. I asked you a few minutes ago did you file complaints with the Judicial Conduct Board when you were there, and you said you did not. Are you changing that answer?

A. I guess I am.

Q. Tell me when you sent the complaint to the Judicial Conduct Board.

A. I believe it was in 2012.

Q. If I told you I have no such complaint, would that refresh your recollection?

A. No, sir.

Q. You didn't file a complaint, you just want to say something to hurt him. Am I correct?

A. Absolutely not, sir.

Q. In fact, when he was there, you and he got along pretty well. Am I right?

A. Sir, I needed the job and I -- what was I gonna do? I needed the job.

Q. He never threatened to fire you, did he?

A. No.

Q. In fact, you even asked him for money and he lent you money, $200, do you remember that, $250, do you remember that?

A. Never, never, never.

Q. So that's another thing you don't remember?

A. No. It never happened.

Q. Never happened?

A. Never happened.

Q. Ma'am, let's just look at this courtroom setting. The courtroom itself or the office itself is rather small. Am I correct?

A. That's correct.

Q. The counter space which -- I think you were here when we saw the video. Am I right or was that

A. Yes.

Q. You were here. Am I right?

A. Yes.

Q. That counter space that we saw is about 30 feet in length. Am I right?

A. I have no idea.

Q. The courtroom is on the other side of the counter, the other side where you and your colleagues work. Am I correct?

A. Yes.

Q. And the judge's actual chambers are on your side of the counter where you and your colleagues work. Am I right?

A. Yes.

Q. And for the judge to enter the courtroom he has to walk across the public space to go into the courtroom back then. Am I right?

A. No. He didn't walk through -- there's a separate entrance into the courtroom from the public one.

Q. But, I mean, to get in there he has to walk out of -- from behind the counter to go over there. Am I right?

A. He walks from the counter into the courtroom, yes. He doesn't go out into the public area.

Q. Now, in the -- there's a conference room there also. Am I right?

A. That's correct.

Q. Now, the judge's actual chambers or room where it was his office did not have a phone for a good period of time you were there. Am I right?

A. There was one there, but he requested to have it moved.

Q. There was a phone there at one point, but then it was put out into the office area because of the floaters being used in the office. Am I right?

A. No, you're not.

Q. Well, there wasn't a phone in his actual office, that is the chambers, not where you and your colleagues were working for at least three or four years. Am I right?

A. He moved it because he wanted it out at the desk, yes.

Q. There was no phone in his office?

A. At his request, yes.

Q. And he made -- if I showed you letters where he requested a phone for his office, would that refresh your recollection that he had asked the phone to be put in his actual office?

A. He asked for a phone to be put in the courtroom, sir.

Q. So when he testifies and shows letters he wrote to the court administration, you know nothing about that. Am I right?

A. I don't -- I wouldn't know about that, no.

Q. Now, were you there every day?

A. Unless I was on vacation.

Q. I mean were you full time or part time?

A. I was full time.

Q. So you were Monday through Friday?

A. Correct.

Q. And you got there what, about 8:30?

A. 8:30, yes.

Q. And then the end of the day was what, 4:30?

A. Yes.

Q. And Judge Tidd was there normally before secretaries, clerks came in, correct?

A. Not always, no.

Q. But most of the time he was there, he came early?

A. In the beginning, no.

Q. Well, during most of his tenure during '13, '14, he was there almost every day at 7:45, 8:00 at the latest?

A. Not always, sir, no.

Q. Most of the time?

A. No. The first couple years he used to run in right at 9:00 or 9:15 because he had his law practice. Then when that slowed down, then, yes, he was coming in at 7:30. He'd be there -- he'd tell me he got in at 7:30 when I appeared at 8:30.

Q. So for at least the last year that you were working there he was there before you got in?

A. That's correct.

Q. And maybe it was the last two years that you were working that he was there before you got in?

A. Again, sir, the last year.

Q. Now, Judge Tidd had some physical problems during the time that he was there as a judge, he had some physical chronic illnesses. Am I right?

A. Yes.

Q. He had an intestinal disorder of some sort. Am I right?

A. I only know what he told me. That's what he

Q. That's what he told you, correct?

A. That's what he told me, yes.

Q. And at some point there was some concern about some mass in his lungs, and he actually had some sort of exploratory surgery?

A. Yes.

Q. And you and the others in the office used to joke about him being bipolar, used to make fun about it. Am I correct?

A. We didn't joke about him being bipolar. We said we didn't know if he was up or down. You didn't know on any given day what his mood or what his demeanor would be.

Q. Well, your statement that you gave to the Judicial Conduct Board you said you used to joke that he was bipolar, you and your colleagues. Is that true?

A. Yes.

Q. Now, you talked about him cursing all the time and using the F word and things of that nature. Am I right?

A. Yes.

Q. I was looking at your statement that you made on February 11th, 2015, and I don't see anything in there where you said he was using the F word or cursed at

MS. FLAHERTY: Objection.

JUDGE BARTON: What's the basis for your objection?

MS. FLAHERTY: Mr. Stretton is working straight from the investigator's report of interview and referring to it as Diane Kale's statement. It was an interview, and the report is a summary of the investigator's observations and interview. And it's only if language is quoted within that report that it can be attributed to her.

JUDGE BARTON: Mr. Stretton.

MR. STRETTON: I disagree. I asked where Mr. Brennan was. I was going to subpoena him. They said that I could use these reports. Yes, they're summaries. But I can confront witnesses. I don't need to authenticate them from Mr. Brennan who's no longer there. And we got that promise.

JUDGE BARTON: There's no disagreement, is there, as to the document is what it purports to be which is

MS. FLAHERTY: Correct.

JUDGE BARTON: -- an investigative report? Is that correct?

MS. FLAHERTY: Correct.

JUDGE BARTON: I think he's entitled to cross-examine the witness and highlight any what he believes are inconsistencies with this witness's testimony and the investigator's report for what it's worth. Overruled. Mr. Stretton, you may proceed.

MR. STRETTON: Thank you. With your permission I'm going to hand to the witness what I'm marking as R-18 for identification purposes.

(Exhibit Number R-18 marked for identification)

JUDGE BARTON: Certainly. BY MR. STRETTON:

Q. Ms. Kale, I've handed you what has been marked as R-18 for identification purposes which is an interview conducted by then Judicial Conduct Board investigator, Sean Brennan, with you on February 11th, 2015 some two months after you left Judge Tidd's employment. Am I right?

A. Yes.

Q. Do you remember being involved in that interview?

A. Yes.

Q. And you've read this statement I assume in preparation for your testimony. Am I correct?

A. A few days ago, yes.

Q. And you agree there's nothing in there where you say he used curse words to you or the others or used the F word. Am I right?

A. I would have to look through it.

Q. Well, read through it then.

A. No, there is nothing in there about the swearing.

Q. So when did you come to the recollection that he had been swearing every day and using the F word and everything else? When did you finally reach that realization?

A. It wasn't an everyday occurrence. Just because it wasn't in the statement doesn't mean it didn't happen.

Q. It didn't happen hardly at all, did it?

A. It happened every day, sir.

Q. But you said it wasn't an everyday occurrence. Now it happened every day. Isn't that an everyday occurrence, ma'am?

A. Yes.

Q. But it wasn't -- let me move on. Your job during your four years with him was it secretary or was it clerk?

A. It's the same difference.

Q. Well, do you have specific jobs like you filed and did the traffic cases or you did the truancy cases or you did everything?

A. I did everything.

Q. And was that with your other colleagues, too, Ms. Anthony when she was there and the other ladies?

A. They started out on certain tasks, and as they learned, they would assume more responsibility.

Q. Now, Judge Tidd sat at that desk when a floater wasn't being used, the fourth desk that we saw on the video, because he did have concerns about the security in that courthouse. Am I right -- or courtroom?

A. He expressed concerns, yes.

Q. In fact, all of you had concerns because there was no glass protection, no metal detectors, nothing. Am I right?

A. Right.

Q. And he thought it was better to sit out there so he could see who was coming in and who wasn't. Am I right?

A. I wouldn't know. I wouldn't presume to know why he sat out there.

Q. Now, Judge Tidd every time there was a hearing that is where people were sworn in and evidence was taken, Judge Tidd, the litigants or police officers and defendants would move into the courtroom. Am I right?

A. Yes.

Q. So anytime whether it was landlord/tenant and they couldn't reach an agreement and there had to be a decision everyone would go in the courtroom, and testimony would be taken, right?

A. Yes.

Q. If it was a preliminary hearing and there couldn't be an agreement to waive the preliminary hearing over, then the officer and the defendant and their lawyers or lack of lawyers would go in the courtroom and have a hearing. Am I right?

A. Could you restate that.

Q. Sure. If there was a preliminary hearing scheduled and the criminal defendant decided he or she wished to have a hearing, a prima facie hearing on the evidence, then Judge Tidd would go to the courtroom, the police officer would go into the courtroom, the criminal defendant would go in the courtroom, and a preliminary hearing would be conducted in the courtroom. Am I right?

A. Yes.

Q. And if it was a truancy case and it could not be resolved and the student or his parents wished a hearing, then again Judge Tidd would go in the courtroom, and the truancy officer or police officer would go in with the student charged with the truancy. Am I correct?

A. Yes.

Q. And if there was a traffic case where -- of some sort, whether it's speeding, running a red light, lack of insurance, no inspection, if the police officer -- if the criminal defendant in a summary case wished to have a hearing, no deal was worked, no charges reduced, then everyone went in the courtroom, and the judge would have a hearing. Am I right?

A. Not always, no.

Q. Well, tell me the days, the cases where there was a hearing and

A. I can't give you specific dates and times.

Q. Every time when someone wanted a hearing where witnesses would testify and the judge would decide whether he was speeding or not, it was in the courtroom, correct?

A. Hearings were held at the counter. They were not always in the courtroom, no.

Q. Give me one case where a hearing was held at the counter and the date.

A. There were too many. I couldn't begin to give you a list.

Q. Too many. That makes it easy. There's too many. Just pick one out of the many. Tell me one day.

A. I cannot give you a specific day.

Q. You've been prepared, you met with judicial counsel, you've gone over your testimony, reviewed it, and you're telling us you cannot give us one day when there was a summary trial held at the counter. Is that your testimony?

A. That's my testimony. It was too many.

MS. FLAHERTY: I would like to object for just a moment and state that during direct examination we went through many cases that were held at the counter and when given specific examples with her recollection refreshed Ms. Kale was able to testify that she was present and that occurred. You're asking a general question and asking her to fish out all of those cases and name one. And I believe that if Mr. Stretton has a specific case he wants to present to her he has had all of that evidence for a number of months and he could present it and ask the specific question.

MR. STRETTON: My recollection is every one of those was a waiver, a reduced charge, everything else if I recall going through that.

JUDGE BARTON: I'll overrule the objection. He's entitled to cross-examine the witness. Mr. Stretton, you may continue, sir. BY MR. STRETTON:

Q. So you can't tell me one time when there was full hearings

A. If you want to give me my notes, I'll give you some.

Q. Your notes, what notes do you have beyond that statement I just handed you? Do you have notes?

A. The complaint you filed, the specifics.

Q. I don't have a complaint from you. I have an anonymous complaint filed by someone else, but I don't have anything from you. Is there any notes, anything? Do you have notes, ma'am?

A. The log I sent.

Q. The what?

A. The log.

Q. We don't -- I don't have a log from you.

JUDGE BARTON: Ms. Flaherty, is it your belief the witness is referring to what we've been calling Exhibit 7?

MS. FLAHERTY: Yes. BY MR. STRETTON:

Q. So Exhibit 7 is yours? Exhibit 7 are anonymous complaints. Am I correct? Am I correct seeing Exhibit 7?

A. I don't know, sir.

Q. Well, let's take a look at it. You'll tell me if you wrote these and when. And, by the way, before we go to Exhibit 7, every time Judge Tidd -- former Judge Tidd was in the courtroom he wore his robe, correct?

A. I don't know if he wore it every time, no.

Q. You were never in his courtroom?

A. I wasn't in the courtroom. But he took his robe -- his robe was in his office. There were times he went in without his robe.

Q. All right, now, let's look at Exhibit Number 7. Is that what you wrote?

MS. FLAHERTY: Objection. There's been extensive testimony as to the creation of this log, how the notes were taken. Ms. Kale has already testified to how those logs came about and --

JUDGE BARTON: Overruled. He's entitled to ask questions about it. BY MR. STRETTON:

Q. Is that what you wrote? Is that your typing?

A. It's a compilation of what notes we took, yes, and it's between Brenda Anthony and myself.

Q. And who typed it?

A. Brenda typed it.

Q. And when was it sent?

A. Again, I'm not aware of the specific date.

Q. Was it after you left, before you left the employ of former Judge Tidd?

A. It was before I left.

Q. Is that all the notes that you submitted that are in Exhibit 7?

A. I have no way of knowing, sir.

Q. You don't know?

A. I don't know.

Q. Now, when a police officer and the litigant would appear and if there was an agreement, a settlement, that would often be resolved at the counter. Am I correct?

A. Yes.

Q. So if I was charged with a speeding ticket and the officer came in and we reached an agreement that I would plead to 5 over as opposed to 20 over, that would be done at the counter by agreement. Am I right?

A. In Judge Tidd's court, yes. The other judges I worked for, no, everything was done in the courtroom.

Q. I don't remember asking you about the other judges. But since you said that, if I tell you I'm going to produce lawyers and others who are going to say that's not the case in Northampton County, you're telling us that would shock and surprise you?

A. Yes.

Q. If I told you I've probably done 5,000, 10,000 hearings throughout the state district judges and many times they're done at the counter, would that surprise you?

A. Yes, it would.

Q. Because you're the expert. What law school did you go to?

A. I didn't go to law school.

Q. What training do you have to be so judgmental?

A. I worked for three judges for almost 20 years.

Q. And you were transferred by how many of those three judges?

A. The three I was talking about I was never transferred.

Q. Now, let's just go and think about what's happening. Judge Tidd when there's agreements would take pleas or accept judgments and they would be entered of record, correct, at the counter?

A. Yes.

Q. And then he would hand the paperwork to you or one of your colleagues to complete. Am I right?

A. Yes.

Q. Now, when there were arraignments there, Judge Tidd would often do those at the counter unless someone asked to go in the courtroom, correct?

A. Yes.

Q. Judge Tidd, as you said, would spend three to five minutes collecting information. Am I right?

A. Judge Tidd didn't collect information.

Q. He would ask certain questions that weren't already filled out on the form?

A. Judge Tidd didn't use a form.

Q. The forms were completed to some extent in advance by the court system, correct, address, things -- basic stuff by a criminal defendant?

A. No, sir.

Q. And Judge Tidd would get the basic information and then hand the paperwork to be completed to his staff. Am I right?

A. No, sir.

Q. But didn't you say that he would spend three to five minutes at least interviewing someone?

A. That was telecom arraignments he spent three to five minutes, not when the people were in the foyer at the district court.

Q. He would spend the same time. You don't know, do you? Tell me which ones he spent less than three to five minutes.

A. Again, the four years I was there you want me to name names and dates?

Q. Well, I assume you were keeping a book on him. Just give me your list. Give me your list when he would spend less than three to five minutes on an arraignment. Do you have such a list?

A. The only thing I have is the log, sir.

Q. Now, at nighttime arraignments you were never there, were you?

A. No.

Q. So you don't know what he did at nighttime?

A. No.

Q. But you did testify about one time you had a video arraignment. Was that nighttime, or was that daytime?

A. They occurred during the day, also.

Q. And the video wasn't working. Am I correct?

A. There were occasions it did not work, yes.

Q. And so one of those occasions he used a telephone to conduct the arraignments. Am I correct?

A. I don't know if that was the occasion where the videoconf didn't work or not. That's what he said.

Q. That's what he told you, it wasn't working so he used the telephone. Am I right?

A. Yes.

Q. And you thought that was so horrible you reported that, correct?

A. Yes.

Q. Why didn't you sit down and talk to him in 2014 or '13 and say, Judge, we're concerned? Why didn't you sit down and have those kind of conversations with him?

A. We did. We did try to

Q. When?

A. -- talk with him.

Q. You show me in your notes when you sat down and talked to him. Exhibit 7 show me where you sat down and talked to him.

A. We didn't write that down. I

Q. You didn't write it down?

A. No.

Q. So there's no notes when you -- well, tell me -- can you give me a rough estimate when you sat down and talked to him?

A. When I went there in April of 2010 and saw how he conducted things, I tried to make suggestions with the form with filling -- for an arraignment there was a form with name, address, pertinent information, and we asked him to use that form, and he said, no, he couldn't be bothered.

Q. Other than that, so he wanted to use his own form, do it differently, tell me when you sat down and talked to him about all these concerns that you were sending over to Ms. French regularly and which you -- and Ms. Anthony filed.

A. Early on -- we didn't report him early on. We tried to work with him, tried to let him know that this is how we did it other places, it would be helpful -- he didn't even get a change of address or a phone number. And we said, you know, could you please fill this out so we have -- if mail comes back we know we have the correct address or we have a phone number. He couldn't be bothered doing any of that.

Q. Go beyond that. How about all these other complaints you testified over a day to this court, did you ever sit down with him on those other issues and talk to him?

A. Yes, sir, we did.

Q. Now, when you work for someone, you usually have a sense of loyalty and duty for that person. Am I right?

A. Yes.

Q. And in this case you and apparently the others were communicating regularly with Ms. French, not with judge -- former Judge Tidd, were you?

A. That's incorrect. We went to Debbie three times, and after the third time, she said she couldn't do anything for us.

Q. But you kept sending things over, correct?

A. No.

Q. Ms. LeVan said she sent them over, is that a surprise to you, every week she said from the end of 2011 onward? Did you

A. I remember Ms. LeVan starting to take notes. I don't remember her sending them to Debra French.

Q. So you weren't aware that she was sending things on a regular basis?

A. No.

Q. But you and Ms. Anthony started to send things on a regular basis at some point?

A. No, we did not. No, we did not.

Q. When did you

A. We just took notes. We took notes until she decided -- we decided to forward them to the Judicial Conduct Board.

Q. And when did you send that Exhibit 7 to the Judicial Conduct Board?

A. Brenda sent it. I'm not sure the exact date.

Q. And you were gone at that point? You left by the time that was sent. Is that my understanding?

A. I don't believe so.

Q. Now, you mentioned the other day or yesterday I guess about someone coming in with a charge for not having an updated inspection on their motor vehicle. Do you remember that?

A. Yes.

Q. And you remember and you mentioned something about Judge Tidd saying you don't even have one now, you haven't gotten it updated. Am I right?

A. Yes.

Q. Because Judge Tidd could see the car and saw it didn't have an updated sticker, it still was a dated sticker. Am I correct?

A. Yes.

Q. So Judge Tidd said, you know, you didn't have it when you were stopped, you still don't have it now, you should plead guilty, right? Is that what he said?

A. That's what he said.

Q. And the man ultimately did plead guilty. Am I correct?

A. Yes.

Q. Now, you and Ms. Flaherty this morning and I guess yesterday afternoon went through a lot of these cases where you said Judge Tidd would offer a deal and an individual would take it at the counter. Do you remember those we went through ad nauseam quite a number of them?

A. Yes.

Q. On every one of those Judge Tidd spoke to the police officer?

A. That's incorrect.

Q. Well, you don't know, do you?

A. I was there for most of them. He didn't routinely call and get permission. Once in a while he did but not every time.

Q. How do you know? Maybe he did it when you weren't looking. Did you ever think of that? Maybe he did it when he was sitting at his desk.

A. No.

Q. Did you ever ask him, Judge, did you get the officer's permission?

A. He's the judge. I -- this is why we reported him. He didn't wait for a hearing. He didn't wait for the officer.

Q. Well, the officers weren't on time, and he could have just found the person not guilty, go in the courtroom, no one's here, no evidence presented, not guilty, could have done that, right?

A. No. This was mostly on people who were early. This is mostly on people who were 10 or 15 minutes early.

Q. Tell me who was 10 or 15 minutes early.

A. Again, I can't -- I can't give dates, times, and names.

Q. Well, you're here saying some pretty serious things about former Judge Tidd, and you're telling me you can't give me dates and times and names, yet

A. Again, I refer to the log, sir.

Q. You refer to your logs. Did you look at them before you testified?

A. Yes.

Q. And you would agree Judge Tidd handled thousands and thousands of cases during the four years that you were working for him. Am I right?

A. Yes.

Q. And you would agree that at least even though matters you've complained about they're only a handful, 20, 30 out of maybe 20,000 complaints or cases, correct?

A. No. It was more than 20 or 30.

Q. Well, we went through them. I'm not going to torment you or me or the Court by going through all those again. We can count them up later. But there was only a handful, though, compared to the 20 or 30 thousand cases that went through his courtroom each year, correct?

A. I disagree.

Q. Well, tell me then, you tell me all those cases. Since you're here making serious accusations, I'm entitled to know specifics. Tell me which cases he decided a case or worked a deal when the officer wasn't there or dismissed a case. You tell me when the person

A. Again, it's in the log.

Q. In the log. Let's look at Exhibit 7 and the first actual note page is -- this is an example of Judge Tidd handling prior to the officer arriving for the hearing that was scheduled for 9:30. Defendant accepted the officer's offer of a reduced charge I think for traffic obedience issues.

JUDGE BARTON: Which page on Exhibit 7 are you reading from, Mr. Stretton?

MR. STRETTON: Number 1, Your Honor. BY MR. STRETTON:

Q. The defendant paid in full and left. Do you see that?

A. Yes.

Q. Then was this the case that is attached, Commonwealth versus, I can read the handwriting, Anthony Fiorino, F-i-o-r-i-n-o? Is that the case?

A. Yes.

Q. Then you said the officer arrived and said I really wanted the case dismissed?

A. Yes.

Q. And what day -- this was November of 2011. Is that the date this occurred?

A. Yes.

Q. And then Judge Tidd based on the officer's statement changed the disposition to dismissal per the officer's agreement. Am I right?

A. Correct.

Q. And then notified the defendant?

A. We notified him by issuing a refund, yes.

Q. That's one. Let's go to Page 10, the next written set of notes. Nothing on Page 10 about people showing up late or early, is there? Nothing on Page 11, is there? Nothing on Page 12? When I talk about people showing up either early or late, the defendant or the police officer. Nothing on Page 12, is there?

A. I'd have to read it, sir.

Q. Well, I'm just looking at it. You can scan it with me. Nothing on Page 13 or 14 or 15?

MS. FLAHERTY: Objection. Mr. Stretton has asked the witness to look at pages, and then he's moving on to other pages. There were instances pled within the complaint of these issues that Mr. Stretton has asked about. The witness has prepared -- those averments are from the log. Mr. Stretton had time to look at those and to challenge those if he should like, but to ask us to take the time now to review all of these and to ask her to review it and take time to discern them I think is beyond the scope of why we're here.

JUDGE BARTON: Overruled. This witness has testified for nearly a full day, and we're briefly into cross-examination. I think he's entitled to go into detail if he chooses to do so. You can continue, Mr. Stretton. BY MR. STRETTON:

Q. Your notes there in Exhibit 7 have one or two where a person showed up early, deal made, officer not there. Am I right? Not many, is there?

A. I would have to go through and count, sir. I don't know.

Q. Now, Jim Burke's an attorney who appears regularly in many of the district courts up there. Am I correct?

A. Yes.

Q. He has a fairly active criminal law practice in Northampton and Lehigh Counties. Is that a fair statement?

A. I wouldn't know about Lehigh County, no.

Q. But you're seeing him in your courthouse?

A. Yes.

Q. When I say your courthouse, former Judge Tidd's courthouse when you worked for him. Am I right?

A. Yes.

Q. And in the complaint they listed six citations, if I recall, in those sections. Do you remember that?

A. Yes.

Q. They were the only parking citations you were aware of that Mr. Burke had?

A. Yes.

Q. And on those citations is it my understanding you're upset because the judge would ask you or one of your colleagues to call Mr. Burke if a warrant was being issued to see if he wanted to come in and pay? Am I right?

A. Yes.

Q. And if he didn't pay, then the warrant was issued. Am I right?

A. Yes.

Q. In fact, there were I believe at least two occasions where Mr. Burke for whatever reason, too busy or couldn't be reached, didn't come in and a warrant was issued for his arrest. Am I right?

A. Yes.

Q. Now, you and others over the years asked Judge Tidd and actually made calls to other people who people knew who had warrants or hadn't paid to tell them to come in and pay before the warrant is issued. Am I right?

A. No.

Q. So you can't think of anyone else?

A. I didn't have time to call people who were ready to have issues -- warrants issued and tell them to come in, no.

Q. So you don't remember you or any of your colleagues doing that during your tenure there?

A. No.

Q. But in this particular case Judge Tidd wasn't asking anything improper, he was just asking Mr. Burke either come in or face the music of a warrant. Am I correct?

A. Yes.

Q. And Mr. Burke came in and either paid or he had a warrant issued. Am I right?

A. No.

Q. Well, you said when I asked you two minutes ago that at least two times warrants were issued for Mr. Burke.

A. Warrants were issued, but at that time Judge Tidd -- when I issued warrants, I issued warrants. I didn't look at names. And two warrants got issued for Attorney Burke, and he came in with them. And Judge Tidd said from now on if there were any warrants to be issued he wanted to know about it for Attorney Burke, he wanted to know.

Q. But there were no other warrants issued for him because he only had six cases, right?

A. Because I was instructed to let the judge know before a warrant was printed.

Q. And you called Mr. Burke, and Mr. Burke would pay. Am I right?

A. Not always.

Q. Now, this constable fee, if a warrant was issued, there is a constable fee. Am I correct?

A. Correct.

Q. And the judge has it in his or her discretion a right to waive that constable fee. Am I right?

A. Not in my opinion, no.

Q. I'm not asking your opinion. I'm just asking that's a practice, you've seen judges do that in the past?

A. No. Either the defendant pays for it or it's turned over to the county. They're entitled to be paid for effectuating a warrant.

Q. In any event, what cases were the constable fees waived? Which ones?

A. I'm not sure which ones.

Q. How much was the constable fee?

A. Constable fee is

Q. Fifteen bucks?

A. -- 27.50 plus 5 plus $17.

Q. And which cases were those?

A. I'm not sure, sir.

Q. Well, can't you tell me when it actually occurred? I need to see a case where he waived it other than you saying he did it.

A. Again, I would refer to the log.

Q. Is it in the log? You typed it. Is it in there? Or you and your colleague, Ms. Anthony, typed it. Is it in there?

A. I'm not sure, should be.

Q. But, in any event, the constables were always paid?

A. No, they weren't.

Q. I thought you said on direct that the county would pay them.

A. There was a time when he said to just have the constable eat it.

Q. There was a time when he said have the constable eat it?

A. Yes.

Q. Now, this robe, did you actually see Judge Tidd lying on his inner office floor sleeping on his robe?

A. Yes, with his head on his jacket.

Q. You knew he wasn't feeling well that day. Am I right?

A. He didn't convey that, no.

Q. You knew he had a cloudy physical condition. Am I correct?

A. I don't know if that was his issue that day or not.

Q. In any event, he closed the door and was in his private office. Am I right?

A. Yes.

Q. He wasn't doing this in the hallway in front of the people and behind his desk where you and your friends had a desk. Am I right?

A. He would sit at the desk with his head in his hands sometimes, yes.

Q. But when he was sleeping in his robe, that was private, door closed. Am I correct?

A. Correct.

Q. And you walked in there for whatever reason. Am I right?

A. Yes.

Q. Don't you think a judge is entitled to some privacy?

A. There was either a phone call or to notify him that there was a hearing ready to go.

Q. I have no problem with you walking -- knocking on his door and walking in. But when you saw that, saw a man sleeping, don't you think that's a private thing, not something you have to go out and report?

A. It's a private thing -- if it's a private thing and you're sick, go home.

Q. No damage to the robe. The robe wasn't dirty or anything, was it?

A. I don't know. I didn't look at the robe, see if it was dirty.

Q. But you thought you had to report that. Am I correct?

A. Yes.

Q. Did you say anything to him when he woke up, Judge, you shouldn't be sleeping in your robe, it doesn't look good? Did you ever say anything to him about that?

A. It would fall on deaf ears.

Q. Did you say something? I don't care what you think it would have fallen on. Did you say something to him?

A. I don't recall.

Q. Now, the secretary Cassie, what's her last name?

A. Bettler.

Q. What?

A. Bettler.

Q. You and Ms. Anthony did not like her and asked Judge Tidd to get rid of her several times. Am I right?

A. No.

Q. You never did that?

A. Judge Tidd took a dislike to her and didn't want her there.

Q. Well, you and Ms. Anthony told her that both of you wanted her out because you didn't think she was pulling her weight, correct?

A. That's incorrect. I told Cassie I didn't think this job was for her, and I suggested -- strongly suggested she look for another job.

Q. And you told her you didn't think the job was for her because she wasn't able to get the work done timely, right?

A. No. She was slow at learning, but it frustrated Judge Tidd. He wanted her to know all aspects of the job quickly.

Q. In other words, slow at learning or not, she wasn't producing as fast as, for instance, you were or Ms. Anthony was. Am I correct?

A. Again, there's no time frame for a new person. Our job is very difficult. There are many aspects of it. It takes each person a different amount of time to become good at their job.

Q. I understand that. I'm not -- we're not in any way saying everyone has to be brilliant. People are good and they work hard and they do their job. But you also recognize that she wasn't really fulfilling her responsibilities when you said to her you ought to look for a different type of work, right?

A. Yes.

Q. And you expressed that also to Judge Tidd either directly or indirectly. Am I right?

A. We discussed it with Judge Tidd, yes.

Q. And he had the impression at least that you two, that is you and Ms. Anthony, thought that she wasn't as good as she could be for whatever reason and that perhaps she ought to be replaced. Am I right?

A. That was Judge Tidd's decision.

Q. Ms. Anthony and Judge Tidd at one point were pretty good friends in the office. Am I right?

A. I don't know what you mean by good friends. He's our boss.

Q. Well, she asked him if she could borrow $750?

A. I have no knowledge of that. I wasn't in on that.

Q. We'll show her the check when she gets here, but you don't have any knowledge of that?

A. No, I did not.

Q. But Judge Tidd, let's just be candid, in that office you're there four years, he's there, Anthony's there. There's a lot of give and take between all of you. Am I correct?

A. I don't know what you mean by give and take.

Q. Office gossip. I have four secretaries who work for me. We're friends. We talk. I complain sometimes. Sometimes I'm upset with a client. I'll tell my secretaries this client

MS. FLAHERTY: Objection, relevance. BY MR. STRETTON:

Q. My question is

JUDGE BARTON: If there's a question in there, let's get to it. BY MR. STRETTON:

Q. The question is, that's occurred in your office, the judge would talk to all of you because he believed you were his staff, he could let his hair down so to speak. Am I right?

A. Occasionally, yes.

Q. And you and Ms. Anthony and others would talk with him. Am I right?

A. Yes.

Q. Sometimes people tell jokes, sometimes he would express his frustration. Am I correct?

A. Yes.

Q. Like the time when Attorney Andres came in and asked about I want a hearing. Remember Ms. Flaherty asked you about that yesterday, remember that?

A. Yes.

Q. And you had mentioned Judge Tidd after it was done or right before the hearing Judge Tidd then said to Mr. Andres, did you have to I think F up my day by having this hearing?

A. Yes.

Q. You heard him say that, right?

A. Yes.

Q. That was just the two were just joking among friends.

A. And that's okay if that's all that was there, but there were other people in the foyer. I felt it was inappropriate.

Q. But you knew it when he was talking to Andres it wasn't like he was yelling at him like this f'ing my day. You knew he was teasing him.

A. I knew that. But, again, there are people, public people there that don't know that they're friends.

Q. So after Mr. Andres had left and the other people had their business is gone, did you ever go over to Judge Tidd and say, look, I understand you tease Mr. Andres but maybe you shouldn't use the F word because Joe Blow criminal defendant or summary defendant or landlord was sitting there? Am I right?

A. No, I didn't. Why would I have to tell him how to talk or how to act?

Q. Now, you mentioned something about the landlord of the office, Miss Bartz, was it -- Blair, Miss Blair? Am I right?

A. Yes.

Q. And you thought that the judge should have disqualified himself. Am I correct?

A. Correct.

Q. And he didn't do that?

A. No.

Q. But the judge wasn't on the lease, was he? It was the county that was on the lease. Am I right?

A. Yes.

Q. I'll just jump back to your son, Officer Messinger. Am I saying his name right?

A. Yes.

Q. He would call you periodically, am I right, about how to handle this, how to do that?

A. No.

Q. Never?

A. No.

Q. Now, you had -- one of the complaints Judge Tidd used to make to you was you were constantly on the phone with another judge. Am I right?

A. I have no knowledge of that, no.

Q. Judge Litzenberger, your friend, correct?

A. No, I wasn't constantly on the phone with

Q. You worked with Judge Litzenberger?

A. Yes, I did.

Q. And Judge Tidd would -- you would call him about, well, Judge Tidd is doing it this way and get his thoughts, and then you would pass it on to Judge Tidd. Am I right?

A. No.

Q. Never did that?

A. Judge Tidd would ask me how Judge Litzenberger used to do things, and I would tell him.

Q. Judge Tidd used to complain to you, you shouldn't talk so much to Judge Litzenberger during the day?

A. Absolutely not.

Q. You don't remember that at all?

A. No.

Q. But you were in a relationship with Judge Litzenberger during that time period. Am I right?

A. What do you mean by relationship?

Q. You had dated him or dating him or seeing him?

A. Absolutely not.

Q. You're telling me that's not true?

A. Not true at all.

Q. You were a good friend of his, that's for sure. Am I right?

A. He was my former boss, and he moved to Florida, and I took care of the house for him.

Q. But you talked to him regularly?

A. No, I did not talk to him regularly.

MR. STRETTON: Thank you.

JUDGE BARTON: Thank you, Mr. Stretton.

MS. FLAHERTY: Just a couple of questions.

REDIRECT EXAMINATION

BY MS. FLAHERTY:

Q. Ms. Kale, Mr. Stretton asked you a lot of questions about filing complaints and about -- do you need a break?

A. No.

Q. Are you sure?

A. (Witness nods head.)

MS. FLAHERTY: I'd like to give her a few minutes, please.

JUDGE BARTON: Why don't we take not quite 10 minutes.

(Recess taken)

JUDGE BARTON: Ms. Flaherty, are you ready?

MS. FLAHERTY: Yes. Thank you. And before I begin my redirect, I just want to clarify for the record that the logs are listed as Exhibit 7, and then at Exhibit 8, 9, and 10 are copies of information sent, as Lisa LeVan testified to yesterday, copies of notes that were sent to Debra French from the period January 20th, 2012 to February 17th, 2012, and there will be further testimony about that tomorrow from Ms. French.

JUDGE BARTON: Very good. Thank you. BY MS. FLAHERTY:

Q. Ms. Kale, I'm going to ask the Court if I may approach you with Respondent's Exhibit 18 which was your February 11, 2015 report of interview. You were previously asked if you recalled whether you told Mr. Brennan that Judge Tidd would curse at you, and you reviewed it briefly, and I'd like to show you it again.

A. Okay.

MS. FLAHERTY: I'm showing the witness -- may I approach?

JUDGE BARTON: You may.

MS. FLAHERTY: I'm showing the witness Page 3, Paragraph 3 midway down that paragraph.

THE WITNESS: Yes. It says, Tidd would curse and complain when he had to do hearings. BY MS. FLAHERTY:

Q. Thank you. And did you have an opportunity to review your -- the transcript of your deposition which took place on April 19th, 2016?

A. Yes.

Q. And do you recall if we discussed on the record whether or not Judge Tidd had cursed at you?

A. We did, yes.

Q. And I'd like to give you an opportunity to review that at this time.

MS. FLAHERTY: Or if the Court would like, I can read it into the record and ask if she verifies that information, whichever way you'd prefer.

JUDGE BARTON: You're looking at a prior consistent statement?

MS. FLAHERTY: Yes.

JUDGE BARTON: It's not inconsistent. It's consistent.

MS. FLAHERTY: It's consistent with her statement just now that Judge Tidd would curse at her. It's being shown to show that she has testified to this previously. Mr. Stretton raised whether or not she had testified to it previously.

JUDGE BARTON: Okay, it's fine.

MS. FLAHERTY: Fine to go ahead and read it into the record?

JUDGE BARTON: Sure. BY MS. FLAHERTY:

Q. This is on Page 9 of the deposition. The question posed to you, Ms. Kale, was, you referred just a moment ago that Judge Tidd would have, quote, temper tantrums, unquote. Would you describe what you mean by that phrase?

Answer, he would jump up and start shouting and cursing in front of police officers, in front of staff, in front of people waiting in the foyer area. It didn't matter who was there. It was -- he carried on for all to see.

Question at Line 11, did he direct any of the shouting and cursing at you personally?

Answer, many times.

Do you recall making that testimony during the deposition?

A. Yes, I do.

Q. At Page 72, Line 24 the question is posed, okay, in your report of interview you stated that you've never worked for a more unethical man.

Answer, that's correct.

MR. STRETTON: Objection. That's not covered in the cross. I specifically stayed away from any comments like that. It's not admissible, and I move for a mistrial.

JUDGE BARTON: Mistrial is denied. To the extent that's an objection, it's sustained. BY MS. FLAHERTY:

Q. Do you care to expand on that?

MR. STRETTON: Objection.

MS. FLAHERTY: That's the next question. It doesn't use the term that he's objected to. The paragraph

JUDGE BARTON: Is that the answer to the question that he objected to?

MS. FLAHERTY: No.

JUDGE BARTON: Why don't we ask counsel to step forward with the document.

(Discussion held off the record at sidebar) BY MS. FLAHERTY:

Q. The question in the transcript on Page 72, Line 3, do you care to expand on that?

Answer, let me just tell you that I started there in 2010. I didn't know if I could stay there. It was like culture shock. He just did nothing by the book, nothing. There wasn't one thing I could say he did correctly. And I struggled with that, but I needed the job, and I needed my paycheck. He treats people -- like I say, he went off on me early. And, again, I'm older than he is, and you don't talk to your employees the way he did, curse, scream, shout. And he made me very uncomfortable. So when I say I had a hard time, I did. Do you recall that testimony, Ms. Kale?

A. Yes.

Q. And, finally, Ms. Kale, there were a number of questions going back and forth all in a row to you about -- on cross-examination about filing complaints with court administration, filing complaints with the Board, complaining over the phone, keeping of the logs. There were a lot of questions in a row, and I wanted to pose to you, you had corrected one of your answers to say that you finally did participate with Brenda Anthony in filing a Board complaint. Is that correct?

A. Yes, it is.

MS. FLAHERTY: And I'd like to approach the witness with one of the Board's exhibits, Board Exhibit 1, to refresh her recollection, if I may.

JUDGE BARTON: Certainly. BY MS. FLAHERTY:

Q. Ms. Kale, you've now had an opportunity to review the first couple of pages in Board Exhibit 1, and can you tell the Court when that confidential report of investigation was filed?

A. August of 2014.

Q. And that's the date that the Board received it?

A. Yes.

Q. And then did you look at the second page with the typewritten issues that were complained about?

A. Yes.

Q. And was that complaint filed under your name or anonymously?

A. Anonymously.

Q. And do you know in the court today that it was you and Brenda Anthony who filed this complaint?

A. Yes, I do.

Q. And why was it that you filed it anonymously?

MR. STRETTON: Objection.

JUDGE BARTON: Do you have a response?

MS. FLAHERTY: Yes. She's addressed this issue previously, and now that she's seen this particular item and she's admitting that she submitted it to the Board, she hasn't -- she should have an opportunity to say why she didn't sign it.

JUDGE BARTON: Overruled.

THE WITNESS: Because we weren't sure where it was going to lead and we needed our jobs.

MS. FLAHERTY: Thank you.

JUDGE BARTON: Is that it?

MS. FLAHERTY: Yes.

JUDGE BARTON: Ms. Kale, I have a couple questions I have for you. I want to follow up to make sure I understand your testimony. BY JUDGE BARTON:

Q. We covered Paragraph 138 of the Board's complaint which dealt with a list of cases on December 1st, 2011 that were, quote, handled, unquote, at the instruction of then Judge Tidd I think perhaps from the day before. And this places in context. My recollection is he was undergoing some medical procedures at that time and that he had telephoned and said, look, handle whatever there is tomorrow. And on the list there are several traffic cases. I see one criminal case. And I see three civil cases. I guess my first question would be, is that the only occasion that you were asked to, quote, handle, unquote, cases in Judge Tidd's absence?

A. No, sir.

Q. So there were other days?

A. Yes.

Q. Can you estimate for me how frequently that would have been?

A. Probably every other month.

Q. And so again referring specifically to the cases on December 1st, 2011, what types of handling, if you will, would the staff do on such an occasion?

MR. STRETTON: I hate to object to a judge, but we don't know what cases.

JUDGE BARTON: Pardon me?

MR. STRETTON: We're not on any notice of any other times than this. If they want to give me other examples, other days when he was, I'm out so you guys be the judge for the day.

JUDGE BARTON: My question is specifically to Paragraph 138 that has a list of questions. As to her response that it occurred on other occasions, I think she's testified consistently with that previously, so I'm going to overrule that objection and let the witness answer the question.

THE WITNESS: In the case of traffic cases if the officer was there and the defendant was there and they came to an agreement or he just pled guilty, we would handle that. BY JUDGE BARTON:

Q. And what would happen then if there wasn't an agreement?

A. There wasn't an agreement, we would continue the hearing.

Q. But if there was an agreement, would it be for a substituted charge or compromised charge or the original allegations on the citation?

A. Most usually it was a negotiated plea to a different charge.

Q. To a lesser offense?

A. Yes.

Q. Now, there's one criminal case listed in Paragraph 138, Commonwealth versus Lance, Junior at CR 440 of 2011, and under the disposition the Board complaint shows bail set. And I think we may have talked about this yesterday. On that day, I want to be clear, Judge Tidd was not in the building. Is that right?

A. Correct.

Q. And would that case have appeared for the preliminary hearing or for preliminary arraignment?

A. I believe it was a preliminary hearing.

Q. And does that notation suggest to you that perhaps the preliminary hearing was waived to court?

A. Yes.

Q. And so the judge was not in the building when bail was set and when the defendant signed the bail bond?

A. That's correct.

Q. Now, looking at some other cases on the list that appears on Paragraph 138, there looks like three traffic cases that show the disposition of dismissed. Does that suggest to you what would have happened with those cases?

A. Yes, sir. Most likely the officer did not appear so they were dismissed.

Q. And then civil cases, there are three civil cases listed in Paragraph 138. One says judgment plaintiff. One says judgment plaintiff. One says judgment defend, I suppose short for defendant. What does that suggest to you would have occurred on that day?

A. That suggests that they were not defending civils and if no one showed up judgment was entered by default for the plaintiff. And on the third one it would be the defendant showed up but not the plaintiff so judgment was entered for the defendant.

JUDGE BARTON: Any questions based upon questions from the Bench first, Ms. Flaherty?

MS. FLAHERTY: Just that we did have an opportunity to pull the docket on that Commonwealth versus Lance which is the criminal case you referred to with bail setting, and that's at Board Exhibit 62.

JUDGE BARTON: Do you want to examine the witness on that?

MS. FLAHERTY: Pardon me?

JUDGE BARTON: Do you want to examine the witness on that exhibit?

MS. FLAHERTY: Well, I could show it to her to refresh her recollection so she could accurately answer your question whether it was a preliminary arraignment or preliminary hearing that was waived on that day.

JUDGE BARTON: Please proceed.

MS. FLAHERTY: I may approach, I assume.

JUDGE BARTON: You may. Which exhibit number is that again, Ms. Flaherty?

MS. FLAHERTY: Exhibit 62.

JUDGE BARTON: Thank you. BY MS. FLAHERTY:

Q. Ms. Kale, now that you've had an opportunity to review the docket in Commonwealth versus Lance, do you recollect on December 1st what type of proceeding it was?

A. It was a preliminary hearing, and it was waived for court. It was scheduled to be a preliminary hearing, but it was waived.

Q. May I show it to you again?

A. Yes.

MR. STRETTON: I object to private conversations with the witness.

MS. FLAHERTY: I asked if she needed her glasses. She's struggling to read. I don't know if anyone has reading glasses with them.

THE WITNESS: I'm sorry, it was a preliminary arraignment.

MR. STRETTON: Object. I just looked at it. It's a preliminary hearing. It's a waiver. It says case waived over. Look on the second

MS. FLAHERTY: Are we reading -- misreading it?

MR. STRETTON: It's definitely a waiver.

JUDGE BARTON: The Court is holding the portion of Exhibit 62 that is the magisterial district judge 03-2-04 criminal docket, and the Court notes that on Page 2 of 2 down at the bottom under the docket entry information which tracks the process and procedure of the case because it shows 11/21 of 2011 criminal complaint filed December 1st, and that's the date referenced in Paragraph 138. It shows fingerprint order issued. It shows subpoena issued via hand delivery. And up at the top of that page it shows bail action type set, bail action date December 1st unsecured $5,000. The waiver of the preliminary hearing didn't occur until December 8th.

MR. STRETTON: Until what?

JUDGE BARTON: December 8th.

MR. STRETTON: It says 12/8 waived for court.

JUDGE BARTON: But we're talking about December 1st.

MR. STRETTON: The accuracy or inaccuracy I don't know, but we do know bail was set. We do know at some point it was waived whether it was the 1st or the 8th.

JUDGE BARTON: Ms. Flaherty, any other questions of this witness?

MS. FLAHERTY: No. Thank you.

JUDGE BARTON: The Court has some. BY JUDGE MINEHART:

Q. First of all, the fingerprints were taken. It would appear to be a waiver -- an arraignment if that was happening. My question was that standard -- who decided what the bail would be or whether there would be secured bail versus unsecured bail? Who decided that, you or the clerk?

A. I think in this particular instance because he knew he wasn't going to be in the next day I would have asked him what he wanted bail set at.

Q. So you didn't -- did you have situations where you or other clerks set the bail?

A. No, sir.

Q. How many times as far as matters such as criminal matters how often would you be left without the judge being there to make certain decisions on?

A. Again, it's hard to say. It happened more than 5 times and less than 100. Like he said, he had health issues, and he'd call at the last minute and say he wouldn't be in and handle things. Usually DUIs he had a set thing of 1,500 unsecured, so that's what we would go with.

Q. Did you ever get to a point where -- is there any reason why you wouldn't just continue those cases until his health was better, until he was in the courtroom?

A. He instructed me to handle them.

JUDGE MINEHART: Okay.

JUDGE BARTON: Judge Barrasse I think has some questions. BY JUDGE BARRASSE:

Q. Ms. Kale, we saw the video -- audio-video yesterday, and what was unclear is what was said before the huh. Was there anything said between the judge and that secretary at the time?

A. He did say something. What it was now I don't recall, but he said something as he walked around behind her, yes.

Q. The other one is you also indicated that at various times once the fees got increased on some of the fines that he substituted the charge.

A. That's correct.

Q. When you say he substituted the charge, was that with the acknowledgment or the consent of the prosecuting officer?

A. Not always, no.

Q. So you're saying he would make an agreement and then on his own substitute the charge on the paperwork that was being sent in to the county or state?

A. That was on traffic citations, so it would be what money was sent to the state, yes, that's what happened, yes, on his own.

Q. So would the parties have left the building when he substituted the charges?

A. No, no. If the defendant showed up early and he talked to him, he could do it prior to the officer. Or when the officer showed up, he would say, hey, I'm going to change it to 6308(a), and then that would happen.

JUDGE BARRASSE: Thank you.

JUDGE MINEHART: Would all that be done at the counter?

THE WITNESS: Yes.

JUDGE BARTON: Hearing no further questions from the Court, I'll award the counsel one final opportunity. Has the Court's questions raised any areas of inquiry?

MS. FLAHERTY: No. Thank you, Your Honor.

JUDGE BARTON: Mr. Stretton.

MR. STRETTON: No. Thank you.

JUDGE BARTON: Ms. Kale, at long last you can step down. You're free to go. The Board may call its next witness.

MS. FLAHERTY: The Board calls Amber Glass.

AMBER GLASS, called as a witness, having been duly sworn, testified as follows:

DIRECT EXAMINATION

BY MS. FLAHERTY:

Q. Good afternoon.

A. Hi.

Q. Could you please introduce yourself and spell your last name for the court reporter.

A. My name is Amber Glass. The last name is G-l-a-s-s.

Q. May I call you Amber during this direct examination?

A. Yes.

Q. Amber, where do you reside?

A. In Bath, Pennsylvania.

Q. And could you provide your address for the Court.

A. __________

Q. And would you please describe your educational background.

A. I received my GED in 2005. I have no college or anything.

Q. And how about your employment history, could you please recite that for us.

A. I worked as a legal secretary for Attorney Corriere for a few years.

Q. Could you provide the dates, please, to the best of your ability?

A. I was there from early 2005, like mid-2005 until probably about 2006. And then I was unemployed for a while, home with my daughter. And then I worked as a bartender from probably around 2008 until 2012. And then I became a district judge technician in September of 2012 through December 2013. And now I'm currently employed from December 2013 till my current status as a 911 dispatcher in Northampton County.

Q. Now, when you worked as a magisterial district technician, is that the same as a court clerk?

A. Yes.

Q. And where were you assigned?

A. To District Court 03-2-04, Judge Tidd's office in Bethlehem, Pennsylvania.

Q. And please name the clerks that you worked with during that September 2012 to December '13 period.

A. I worked with Diane Kale and Brenda Anthony.

Q. And is Brenda Anthony your mom?

A. Yes, she is.

Q. Could you please describe your working relationship with Judge Tidd.

A. It was stressful. It -- you know, it was -- felt like it was a lot longer than a year. There was a lot of running around, a lot of berating. It was not always one of the things you wanted to go to work.

Q. What do you mean by running around?

A. I would run to the gas station to get drinks for him. He would ask me to run to his house to do something for his wife.

MR. STRETTON: Objection. None of this is pled. This is not a subject of this judicial complaint.

JUDGE BARTON: Ms. Flaherty, do you have a response?

MS. FLAHERTY: She's describing -- she was an employee that worked for Judge Tidd, and she's just describing -- she said it was stressful working for him, and she's describing the instances that added to that stress.

MR. STRETTON: It has nothing to do here. He's not charged with being

JUDGE BARTON: He's not charged with creating a stressful environment. While it's peripherally relevant, let's move forward to things that are more direct. BY MS. FLAHERTY:

Q. You also stated that Judge Tidd berated you. What did you mean by that?

A. If -- when I first started, I didn't know really anything. I didn't have any background in it, so I was still learning. I didn't do things fast enough, and he would -- you know, he would say what the hell's taking you so long, why aren't you finished yet, I don't understand why it's taking you so long to do one goddamn thing, things like that.

Q. Did Judge Tidd curse at you?

A. Yes.

Q. What kind of language did he use when he cursed?

A. He would say what the hell, goddamn, this shit is ridiculous, things like that.

Q. And what was his attire when he was at work?

A. Usually a polo shirt and khakis pretty much every day.

Q. During the time of September 2012 to December 2013, did you observe Judge Tidd donning his robe?

A. Not often, no.

Q. During the period you worked there, did you observe him conducting hearings in the courtroom?

A. I can remember maybe once or twice court was actually held in the courtroom.

Q. What happened instead?

A. Usually it was held at the counter in front of us as the clerks and whoever was in the lobby.

Q. And what kind of court matters did you observe Judge Tidd handling at the counter?

A. There were usually traffic hearings and civil matters, landlord/tenant complaints or hearings that were being held. Everything was being held at the counter.

Q. Did you ever observe him engage in plea deals with officers on traffic citations in the absence of a defendant?

A. Yes.

Q. Did that happen frequently?

A. Yes.

Q. Did you ever witness him engaging in plea deals with defendants with the officer absent?

A. Yes.

Q. Did that occur frequently?

A. Yes.

Q. Did you observe him conduct waivers of preliminary hearings at the counter?

A. Yes.

Q. Did you personally ever report Judge Tidd's conduct to court administration?

A. No.

Q. Were you aware of any other clerks that you worked with that reported his conduct to court administration?

A. Yes.

Q. And who would that be?

A. Brenda Anthony and Diane Kale.

Q. Were you aware that Brenda Anthony and Diane Kale kept notes about incidents they observed at Judge Tidd's court?

A. Yes.

MR. STRETTON: Objection, leading.

MS. FLAHERTY: I didn't hear him.

JUDGE BARTON: The objection was leading, Do you have a response? I'll give her some latitude leading this witness in a preliminary matter.

MS. FLAHERTY: Could you read the question back to her, please.

(The court reporter read back the previous question.)

THE WITNESS: Yes. BY MS. FLAHERTY:

Q. Did you participate in keeping notes on his conduct?

A. No, I did not.

Q. Now, you stated that you now work for 911?

A. Yes.

Q. And what does your job consist of?

A. I'm a dispatcher. I handle police matters with the radio, answer phone calls.

Q. And what prompted you to stop working at Judge Tidd's court?

A. I was very stressed out working there, and I needed to find another job. Being berated and knowing that some of this stuff wasn't right I found another job.

Q. When you say knowing the stuff wasn't right, what do you mean by that?

A. Just the way things were run, the way hearings were held and just, you know, not feeling like I was doing a good enough job just I found another job.

Q. Amber, were you working at Judge Tidd's district court when the audiovisual system was installed?

A. Yes.

Q. Can you tell us what you remember about that process?

A. The technician came to speak with Diane Kale, Brenda Anthony, myself, and Judge Tidd about where the new camera needed to be placed and where the microphones were supposed to go and find out about a new door system that we were supposed to be putting in and where that button was supposed to go. That was -- he came one day to discuss all that and then came back a second day after all the equipment was ordered to put everything in.

Q. And was Judge Tidd present during the time that the equipment was installed?

A. He was there in the morning and then in the afternoon left.

Q. When he was there in the morning, did he interact with the technician, do you recall?

A. He spoke with him a little bit, yes.

Q. When he was speaking with the technician, do you know if they discussed where the microphones and the audio portion of the CCTV and DVR should be placed?

MR. STRETTON: Objection. I mean, why don't we just have a sign, here's your answer? I mean, this is disputed some of this stuff.

JUDGE BARTON: I think the question's fine. I'm going to overrule the objection.

MR. STRETTON: She's leading.

JUDGE BARTON: She asked if she was aware if it was discussed. The answer is yes or no. Let's find out what the answer is. Overruled.

THE WITNESS: Yes. That was discussed at the first meeting before the equipment was ordered. BY MS. FLAHERTY:

Q. And you were present you say on the date that it was installed?

A. Yes.

Q. And do you recall that you signed off on a form that the installation tech provided to the court?

A. Yes.

MS. FLAHERTY: May I approach the witness with Exhibit 138?

JUDGE BARTON: Sure. BY MS. FLAHERTY:

Q. Can you look at that and tell me is that the form that you signed?

A. Yes, it is.

Q. And that's your signature?

A. Yes, it is my signature.

JUDGE MINEHART: What is that? What is Number 138?

MS. FLAHERTY: That is the SimplexGrinnell form for the installation of -- it's for the installation of the audiovisual system that she signed off on.

JUDGE MINEHART: Okay.

MS. FLAHERTY: That's Exhibit 138, the SimplexGrinnell form. BY MS. FLAHERTY:

Q. One final question on that system, to your knowledge, were all the employees and the judge aware of the capabilities of that system?

A. Yes.

Q. Amber, we're going to be -- have you had an opportunity to review the Board complaint prior to today?

A. Yes.

Q. We're going to be looking at the section on improper demeanor beginning at Paragraph 22. I'm going to make every effort to confine my question to the time period that you worked at the court, but please correct me if I overstate it. During the period of September 2012 through December 2013, did Judge Tidd frequently treat his court clerks in a disrespectful manner in the reception area of the district court?

A. Yes.

MR. STRETTON: Object. I object to her point reading this. I want to see what she remembers. I object to her reading this kind of stuff to her. I want to see what she remembers. I vigorously dispute this testimony.

JUDGE BARTON: Why don't we have counsel step forward.

(Discussion held off the record at sidebar)

JUDGE BARTON: Mr. Stretton, that objection as I understand it is withdrawn. Is that correct?

MR. STRETTON: That is correct.

JUDGE BARTON: You may proceed, Ms. Flaherty.

MS. FLAHERTY: Thank you, Your Honor. Now I will ask the court reporter to reread the question, please.

(The court reporter read back the previous question.)

THE WITNESS: Yes. BY MS. FLAHERTY:

Q. And when he treated the court clerks in a disrespectful manner, were there other people there?

A. Yes.

Q. Do you recall who those others were?

A. Some were officers. Some were defendants. Some were attorneys.

Q. Do you recall during the period September 2012 through December 2013 that Judge Tidd belittled, cursed, and yelled at his court clerks in the reception area of the court?

A. Yes.

Q. Do you recall if he did such conduct in front of other people?

A. Yes.

Q. And do you recall who would have observed the belittling, cursing, and yelling?

A. Officers, defendants, attorneys.

Q. During the time period of September 2012 through December 2013, did you personally ever hear Judge Tidd use the words fuck, bitch, fucker, and mother fucker, all in quotations, when speaking to or in the presence of the clerks?

A. Yes.

Q. Did he ever use one of those words when addressing you?

A. Yes.

Q. Can you identify which one?

A. He would say what the fuck is taking you so long.

Q. Did that happen on more than one occasion?

A. Yes.

Q. We're now at Paragraph 26. During the time period September 2012 through December of 2013, do you recall if Judge Tidd made crude, disrespectful comments about litigants who appeared at his district court?

A. Yes.

Q. Did he do this in front of other people?

A. Yes.

Q. Do you recall who those other people were?

A. Defendants, attorneys that were in the waiting room.

Q. Did he make those types of comments in front of police officers?

A. Yes. The officers were in and out of the court all day.

Q. We're now going to move to Page 18, ex parte communications regarding traffic matters. Amber, do you recall if during the period between September 2012 and December 2013 if Judge Tidd discussed summary traffic charges with defendants who appeared at the court before the citing officer?

A. Yes.

Q. Did that occur on a routine basis?

A. Yes.

Q. Paragraph 61, do you recall when Judge Tidd discussed traffic matters with defendants prior to the officer arriving if he asked them, the defendant, if he would -- excuse me, if he would ask the defendants if they would agree to enter a plea to a lesser charge?

A. Yes.

Q. Did that happen on a frequent basis?

A. Yes.

Q. Moving to Paragraph 65, during the period of September of 2012 through December of '13, did you observe Judge Tidd initiate discussions about traffic summary charges with officers who arrived at his court before the defendants?

A. Yes.

Q. On those occasions when Judge Tidd discussed the citations with the officer prior to the arrival of the defendants did Judge Tidd ask the officer if they would be willing to change the charged violation to a lesser offense?

A. Yes.

Q. Did that happen on a routine basis?

A. Yes.

Q. Paragraph 67, when a defendant arrived after an officer had agreed to change the charged summary violation, did Judge Tidd directly address the defendant and ask if he or she was willing to enter a plea to the lesser offense?

A. Yes.

Q. Did you observe that on a frequent basis?

A. Yes.

Q. During the time period that you worked at Judge Tidd's court, September '12 to December 2013, were you aware that Attorney Burke failed to timely enter a plea or pay fees on parking tickets issued to his vehicle?

A. Yes.

Q. Can you tell us what you recall about Attorney Burke's tickets?

A. We would send out notices and letters saying that the parking tickets were not paid. We would get no response. And then we would issue a warrant. And then he would come in, and then we would have -- I didn't do it myself personally. I didn't handle warrants. One of the other clerks was informed to mark the warrant back and not charge him the fees.

Q. Did Judge Tidd ever ask you to track warrants that may have been issued to Attorney Burke?

A. No.

Q. Was it your responsibility to issue warrants?

A. No.

Q. What were your responsibilities during the time you worked there?

A. I handled the entry of traffic citations, handled payments for any defendants coming in to make payments. I handled payment arrangements for any payment plans that we handled. I entered criminal cases, civil cases, landlord/tenant cases. I didn't handle the warrant end of it.

JUDGE BARTON: Anything further? BY MS. FLAHERTY:

Q. Did you ever hear Judge Tidd

JUDGE BARTON: Anything further?

MS. FLAHERTY: Yes. I'm sorry, I'm trying to scan through what's been stipulated through so that I don't

JUDGE BARTON: Please proceed.

MS. FLAHERTY: Thank you. BY MS. FLAHERTY:

Q. Did you ever hear Judge Tidd instruct other clerks to track Attorney Burke's parking tickets?

A. Yes.

Q. Do you know who did he tell that to?

A. Diane Kale and Brenda Anthony.

Q. And did you ever hear Judge Tidd ask them not to issue warrants to Attorney Burke?

A. Yes.

MS. FLAHERTY: We're now going to proceed to Failure to Accord Full Right to be Heard at Page 31. BY MS. FLAHERTY:

Q. During the time that you were assigned to Judge Tidd's court in September 2012 to December 2013, did you observe Judge Tidd conducting summary trials, landlord/tenant hearings, preliminary hearings, and waivers of preliminary hearings at the counter?

A. Yes.

Q. You said on a couple of instances you did observe Judge Tidd go into the courtroom for a hearing?

A. Yes.

Q. And when would that occur? What would prompt that?

A. Any high-profile cases or things like that.

Q. What do you mean by a high-profile case?

A. Anything that would draw attention from the press or the district attorneys.

Q. Would Judge Tidd also go into the courtroom if a defendant or his attorney specifically requested a hearing on a citation? Did you observe that?

A. That I did not observe.

Q. Did you observe -- this is at Paragraph 130. During the time that you worked at the court September 2012 to December 2013, did you observe Judge Tidd conducting waivers of preliminary hearings?

A. Yes.

Q. And where did those -- where were those conducted?

A. Usually at the counter.

Q. During those waivers at the counter, did you observe Judge Tidd informing defendants of the charges?

A. No.

Q. During those waivers at the counter, did you observe Judge Tidd or hear Judge Tidd tell the defendants to read the criminal complaint?

A. No.

MS. FLAHERTY: This is on Page 53, Paragraph H, Failure to Wear Judicial Robes. BY MS. FLAHERTY:

Q. During the time period that you worked at court, September 2012 through December 2013, when you observed Judge Tidd conducting traffic summary trials, landlord/tenant hearings, preliminary arraignments, and waivers of preliminary hearings at the counter, did he wear his judicial robes?

A. No.

Q. Amber, during the time period that you worked at Judge Tidd's court, did he ever instruct you to handle matters in his absence?

A. Yes.

Q. Could you describe that?

A. It was only a few times, and it would be to set -- he would call and give instructions to set bail before he reviewed the file and have everything ready before he would get back.

Q. So he was asking you to prepare the paperwork for a bail in preparation for an arraignment?

A. Yes.

Q. Did he ever ask you to handle matters at the counter other than that?

A. No.

Q. Did you ever hear him tell other clerks to handle matters in his absence?

A. Yes.

Q. Who did he tell that to?

A. Brenda Anthony and Diane Kale.

Q. And were you at court on days when they would handle matters?

A. Some days, yes.

Q. Do you remember anything specific?

A. No.

MS. FLAHERTY: Thank you.

JUDGE BARTON: Mr. Stretton, any questions for this witness?

MR. STRETTON: Yes, I do. Thank you.

JUDGE BARTON: You may proceed, sir.

CROSS-EXAMINATION

BY MR. STRETTON:

Q. Good afternoon, Ms. Glass. Can you hear me okay?

A. Yes, I can.

Q. Just a few questions. You were pretty close to your mom during this time period when you were working for Judge Tidd?

A. Yes.

Q. In fact, she asked the judge if he would hire you. Am I correct?

A. I believe so. I don't know that for certain.

Q. Now, during this year all these complaints that you've told the Court today, did you ever write anything down yourself during that year?

A. No, I did not.

Q. Did you ever submit any complaints to anyone during that year, Ms. French or Judge McFadden?

A. No.

Q. When your -- were you aware that at some point after you left about a year -- a year later or so your mom filed some anonymous complaints? Were you aware of that?

A. No, I was not.

Q. So you didn't participate in those complaints?

A. No.

Q. So at no time did you complain to anyone about the conduct that you've described today?

A. No.

Q. Now, during this time period, the videos were on at least some of the times when you were working there. Am I correct?

A. Yes.

Q. So all these cursing and screaming and things like that where are the videos?

A. I didn't take those. I don't -- when I left, I left. I didn't have access to the videos.

Q. Well, three videos were preserved. We've seen one. We're going to see two more. How about all the rest of them?

A. I don't know where they are.

Q. I mean, if all this cursing and screaming was occurring, they'd be all over the videos every day, right?

A. Yes.

Q. Are you aware we tried to get videos but there is none?

A. They are only preserved for so long, yes, and then they get deleted.

Q. So what did your mom and her friends preserve the three and let the others go?

MS. FLAHERTY: Objection.

JUDGE BARTON: Sustained. BY MR. STRETTON:

Q. But you were aware because you helped and participated and signed for the documents for the system. Am I correct?

A. I knew that they were put in, yes.

Q. Why didn't you say let's preserve -- he was cursing at me today, why don't we preserve that video?

A. I didn't.

Q. Well, how about your mom, she would have seen you being demeaned as you've described it. Did your mom try to preserve those videos?

A. I can't say if she did or not.

Q. Now, let's go back. When is the first time you told anyone what you're telling us today?

A. I discussed it with Attorney Flaherty when I spoke with her.

Q. That was what, a couple weeks ago?

A. Yes.

Q. Is that the first time?

A. That's the first time I spoke with it -- about it with anybody, yes.

Q. And you left on your own volition. Is that my understanding?

A. Yes, I did.

Q. And then you went to your current job where you're doing 911 calls during the day or evening, whenever your shift is?

A. Yes.

Q. Now, do you remember when Judge Tidd lent your mom $750?

A. I have no knowledge of that. I wasn't privy to that information.

Q. But you heard about it, right, that he helped her?

MS. FLAHERTY: Objection.

JUDGE BARTON: What's the basis for your objection?

MS. FLAHERTY: She just stated she had no knowledge of it. It was asked and answered.

JUDGE BARTON: She stated she wasn't privy. He was inquiring whether she had any knowledge. Overruled.

THE WITNESS: No, I didn't have any knowledge of it. BY MR. STRETTON:

Q. There was an instant, though, that occurred where your mom accused you of taking some money, petty cash, right? Remember that?

MS. FLAHERTY: Objection. There's nothing in the complaint pertaining to petty cash for this Court's system. It's irrelevant to what the Board -- the Court is deciding here today.

MR. STRETTON: She's not the defendant.

JUDGE BARTON: It goes to bias. It goes to the weight of testimony. Overruled. BY MR. STRETTON:

Q. Am I right you were accused by your mom for taking petty cash when you were working there or not accounting for certain funds?

A. Yes.

Q. And Judge Tidd and you had a long talk about that. Am I right?

A. We did quite a few years ago.

Q. That was when you were working there?

A. No, not when I was working there. It was after I left.

Q. But it was -- you were alleged to have done it during the time that you worked there?

A. Yes, I believe that was what was said, yes.

Q. And Judge Tidd sat down, talked to you and worked with you on that issue, helped you with your mother on that issue. Am I right?

A. He asked questions about it and if I did it, and I told him no.

Q. He could have done something to you, he could have filed criminal charges or anything. Am I right?

A. Yes.

Q. But he didn't do it, did he?

A. No.

Q. You had a long tearful meeting with him. Am I correct?

A. It wasn't a long meeting, but, yes, we had a meeting.

Q. Did you ever say to him at any time why did you curse and scream at me like you did during that year? Did you ever say anything to him about that?

A. No.

Q. Did your mom ask you to come in and testify?

A. No.

Q. So it's now four, five years ago since these acts supposedly occurred. If I checked every record, anything, I would find no record of you ever making any of these complaints before you talked to Ms. Flaherty. Is that what you're telling me?

A. That's correct.

Q. Now, if I recall your testimony, you said he was only -- during the year you were there former Judge Tidd was only in the courtroom on one or two occasions that whole year. Is that what you said?

A. Correct.

Q. And if I understood your testimony correctly, he was having hearings, people testifying everything else at the counter?

A. Correct.

Q. Now, during those days when he was having all those hearings at the counter, was Diane Kale there?

A. Yes.

Q. So he was doing landlord/tenant trials at the counter where people were testifying. Is that your testimony?

A. Yes.

Q. And he was doing preliminary hearings at the counter where police would testify. Is that your testimony?

A. Yes.

Q. And we don't have any videos of that?

A. I don't have any videos, no. I didn't

Q. And you can do truancy trials at the counter?

A. Yes.

Q. Now, do you think you might be mistaken, there were no trials at the counter, just pleas? Do you think you might be mistaken?

A. No. There were trials at the counter.

Q. Well, there were a lot of trials according to you. There was only one trial -- two trials in the courtroom the whole year?

A. That I observed, yes.

Q. Well, you're there every day almost. Am I right?

A. We have days off.

Q. I understand that.

A. I mean

Q. You have sick days, vacation days, but you were there that year at least 48 weeks or 50 weeks of that year. Am I correct?

A. Yes.

MR. STRETTON: Thank you.

MS. FLAHERTY: Just a redirect briefly.

JUDGE BARTON: Very brief.

MS. FLAHERTY: Thank you.

REDIRECT EXAMINATION

BY MS. FLAHERTY:

Q. Ms. Glass, although when Mr. Tidd asked you if you had complained to anybody and you responded no, but do you recall an interview by board investigator, Sean Brennan, in July of 2015?

A. Yes.

Q. And at that time did you discuss some of this information that you discussed here today?

A. Yes, I do.

Q. And was your name at the time -- your last name, what was your last name at the time?

A. At the time of the interview?

Q. Yes, in July 2015.

A. It was Glass. It was not Butz. It was Butz when I worked at the district court.

Q. We have on our report of interview at that time it was Butz, but it already was Glass at that time?

A. Yes.

Q. Thank you. And do you recall on October 17th, 2016 that you had an interview with Board investigator, Paul Fontanez?

A. Yes.

Q. And do you recall at that time that you discussed primarily the information pertaining to the audio-video system that you began your testimony today?

A. Yes.

MR. STRETTON: May I see those statements? I don't have them.

MS. FLAHERTY: Yes, you do. We did provide them to him in discovery with the first July 2nd, 2015 and in terms of ongoing discovery at the October 17, 2016. We'll be happy to provide additional copies.

MR. STRETTON: May I see them now because I might want to question.

JUDGE BARTON: I'm not sure of the significance. She's testified here today as to things. Perhaps her recollection is faulty as to the prior complaint. You've clarified that. As to the substance, she's already testified today to the substance of what occurred. I don't understand why we want to spend time on the prior complaint. I understand Mr. Stretton has the documents, though, right?

MR. STRETTON: No.

JUDGE BARTON: These were documents that were produced in discovery. Is that correct?

MS. FLAHERTY: Yes.

MR. STRETTON: Put it this way, I've gone through everything I have, and I don't have them. Now, maybe somehow -- remember, we got tons of material. They weren't organized in any fashion. We had to pull things out. But maybe I missed them. But I've just gone through everything here. I can't find them. If I missed them, I missed them. But I do want to see them.

JUDGE BARTON: Let's pause. Perhaps Ms. Schreffler can show you a copy.

MS. SCHREFFLER: Of the report?

JUDGE BARTON: The document which we're discussing right now which is the report of interview of Ms. Glass's investigatory interview. There were two, correct?

MS. FLAHERTY: There were two.

MR. STRETTON: Thank you. I have no other questions.

JUDGE BARTON: Any questions from the Bench? BY JUDGE MINEHART:

Q. How old were you when you started this job?

A. I was 28 -- I'm sorry, 27.

Q. Twenty-seven. How long was it before -- you testified that former Judge Tidd berated you. How long was it before he started to berate you at your job? How long in terms of weeks, months, days?

A. Just a few months, probably about three or four months.

Q. Three or four months in?

A. Yes.

JUDGE MINEHART: That's all I have.

JUDGE BARTON: Any questions if necessary based on questions from the Bench?

MS. FLAHERTY: No. Thank you.

MR. STRETTON: No.

JUDGE BARTON: We'll take a five-minute break. Ms. Glass, you are excused. Thank you for your testimony this afternoon.

(Recess taken)

JUDGE BARTON: We're back. Ms. Flaherty, you may proceed.

MS. FLAHERTY: Thank you. The Board calls Tracie Drayton.

TRACIE DRAYTON, called as a witness, having been duly sworn, testified as follows:

JUDGE BARTON: Let's go off the record for a second.

(Discussion held off the record at sidebar)

JUDGE BARTON: You may proceed, Ms. Flaherty.

DIRECT EXAMINATION

BY MS. FLAHERTY:

Q. Good afternoon, Ms. Drayton.

A. Hi.

Q. May I call you Tracie during the exam?

A. Sure, that's fine.

Q. Could you please introduce yourself to the Court and spell your last name for the court reporter.

A. D as in dog-r-a-y-t-o-n.

Q. And your first name, do you want to spell that for her, too.

A. Sure, Tracie, T-r-a-c-i-e.

Q. Tracie, what is your educational background?

A. I have an associate's degree in business administration and accounting.

Q. And where did you get that degree and when?

A. I got that degree in 1992 from Churchman's Business School in Easton, Pennsylvania.

Q. And could you please describe your employment history.

A. I've worked for Northampton County since December of 2012 and for the district court since January of 2015.

Q. And are you still -- which court were you assigned to starting in January 2015?

A. 03-2-04 which would have been Judge Tidd's court in Lower Saucon Township, Hellertown Borough.

Q. And I did forget to ask you where you reside.

A. I live in Hellertown, Pennsylvania.

Q. Could you provide your address as well.

A. Sure. __________

Q. And you say you started in Judge Tidd's court in January 2015 and you continue to work at that same court now?

A. Yes.

Q. And who is the judge presiding?

A. Right now we have Senior Judge Elizabeth Romig-Gainer.

Q. And was she the first to come in after Judge Tidd's resignation?

A. No.

Q. How did things work from the day he resigned?

A. We had another -- the day after we found out that he had resigned we got Senior Judge Anthony Rapp. He was there for the whole month of August, and then since September we've had Judge Romig-Gainer.

JUDGE BARTON: Counsel, can you help me understand starting with the day after Judge Tidd resigned how is that relevant to what brings us here?

MS. FLAHERTY: Just that I'm trying to establish if she's worked with more than two judges. She's had exposure to three judges now. That's all. It's not going further than that.

JUDGE BARTON: Let's proceed directly. BY MS. FLAHERTY:

Q. Who were the clerks that you've worked with at the district court?

A. I work with Brenda Anthony. I work with Cassandra Bettler still presently. And the third girl in our office is Krystal Allman.

Q. And could you describe your working relationship with Judge Tidd?

A. I didn't personally have any I mean problems other than the minor issues as to why I'm here. As far as my work when I first started, I was, you know, trained between Cassandra and Brenda. I didn't really have any problems, you know, with him in the beginning as far as my work was concerned.

Q. And did you ever have the occasion where Judge Tidd cursed at you?

A. Yes.

Q. Can you describe that incidence?

A. The one particular time I remember in particular was in August of 2015 it actually happened to be my birthday. I don't know if it was the day before or that morning, I don't really remember the time frame, he had said something about bringing in a cake. And I really -- it didn't really matter to me either way. Later on that day on my birthday I remember standing at the water cooler and joked around with him and said, oh, I still haven't gotten my cake, you know, just kind of, you know, making light of it because I really didn't care. And he asked me why was I being such a bitch.

Q. Did he say to you why are you being such a bitch on more than one occasion?

A. Yes. But I don't have specific dates. I just know it happened more than once.

Q. Can you estimate how many times that happened?

A. Two or three.

Q. When you worked at the -- from January 2015 till the time Judge Tidd resigned in July 2016, did you observe Judge Tidd conducting hearings in the courtroom?

A. Not really. They were usually at the counter.

Q. And how was he attired when he was at the counter?

A. He didn't usually wear -- his robe usually was not on.

Q. And do you recall what type of court matters he handled at the counter?

A. All of them.

Q. Can you be more specific?

A. Well, we handle -- we have traffic citations -- we have traffic tickets, non-traffic, civil, landlord/tenant, and criminal.

Q. Did you ever have occasion to complain to court administration about Judge Tidd?

A. I personally never spoke with anybody there, no.

Q. Were you aware of other clerks who did complain about his conduct?

A. Not when I first started. It was not till I was there maybe about five or six months in 2015 that I find out that anything had been happening, had been going on.

Q. And how did you -- when you say not until five months, was there a particular occasion when you learned?

A. It was after the primary election in May. That's when I was kind of just let in that there was, you know, things happening. I really didn't question too much. I didn't really want to -- I was told. I didn't ask any further questions on anything involving it.

Q. What's your personal work style?

A. I like to keep busy. I like to learn as much as I can. And I get along with everybody. Usually wherever I work I don't have any, you know, problems. And I just -- I like to do my work, make sure it's done properly, and go home at the end of the day to my family.

Q. Now, you said that you observed or you learned about issues at the court around the time of the primary election. Are you referring to May 19, 2015 primary election day?

A. Yes.

Q. And were you present at the court on that day?

A. Yes.

Q. And did you -- during that time you were at district court on May 19, 2015, did you observe the incident where Judge Tidd came to the court and was upset that he had cases scheduled?

A. Yes.

Q. Do you recall prior to election day if Judge Tidd told you not to schedule cases that day?

A. I just remember being told we were to add any -- we were not to add any more to that day because usually we schedule about a month in advance. And other than that, no, I don't. That was the only thing I knew that I was told not to add any more to that day.

Q. Did Judge Tidd tell you that directly, not to add more to that day?

A. I think it was just said to the whole office on a whole. I don't remember it being specific to me. At that point it probably would not have been specific to me.

Q. So if Judge Tidd said to you don't add any more to that day, were there already cases scheduled?

A. Yes.

Q. Do you recall how many?

A. Two or three. It wasn't -- it was not nearly a full day's worth of hearings.

MS. FLAHERTY: We're going to show a video at this time. And I'm going to ask Toni, Ms. Schreffler, to begin and then pause soon thereafter so that Ms. Drayton has an opportunity to identify the persons who are there.

(The video recording was played.) BY MS. FLAHERTY:

Q. Ms. Drayton, can you identify who are at the work stations at the district court, please.

A. I'm in the back in the green shirt. The girl to my right is Krystal Allman. And the other one is Brenda Anthony.

Q. Thank you.

(Play of the video recording was resumed.)

MS. FLAHERTY: I do apologize to the Court. If you had wanted to follow along at all with the transcript, it's at Board Exhibit 12B.

(Play of the video recording was resumed.) BY MS. FLAHERTY:

Q. Tracie, having observed that video, do you 355 recall that incident

A. Yes.

Q. -- on election day? And how did you react to it?

A. I had been in the kitchen. I was making my breakfast. I just -- I kind of hung out there till everything blew over. I wasn't sure what I was going to expect to continue to happen, so I just stayed in there, made my breakfast, and then that's when you see me come out, and I went back to my desk.

Q. And who is the police officer that was there?

A. That was Officer Bencsics. He at the time was working for Lower Saucon Police Department.

Q. And during that video, we heard Judge Tidd exclaiming that he had the day off. Were you aware that he had the day off?

A. No.

Q. Had he marked the calendar that he had the day off?

A. Honestly I don't remember. All I know is that we had been told, you know, not to add any more hearings to that date.

Q. Do you believe that it was appropriate for Judge Tidd to speak that way to Brenda?

A. No.

MR. STRETTON: Objection.

JUDGE BARTON: What's your objection?

MR. STRETTON: I don't think we need her comments on it. We heard it. We don't need her to characterize it.

JUDGE BARTON: Isn't that the best evidence?

MS. FLAHERTY: She was a court clerk in that atmosphere, and she -- her thoughts about the appropriateness would inform whether or not she believes Judge Tidd was treating them in a patient, dignified, and courteous manner which is one of the things charged in this Board complaint.

MR. STRETTON: That's for you to determine, not for her.

MS. FLAHERTY: It goes to the evidence to support that charge.

JUDGE BARTON: The evidence of the videotape I think is the best evidence of what occurred. I'll sustain that objection. BY MS. FLAHERTY:

Q. Did you have any interaction with Officer Bencsics on that day?

A. Like I said, the kitchenette is off to the would have been Officer Bencsics' right. I just happened to look out. He kind of made like a weird eye contact with me as far as, you know, we were both unsure as to what was going on. Other than that, we did not speak to each other, no.

Q. Do you recall an incident on April 23rd, 2015 when Judge Tidd locked the door of the district court?

A. Yes.

Q. Can you please describe that incident.

A. It was in the afternoon. He came barreling into the office. He locked the main door to the office behind him and said that he needed to talk to us. He had heard that supposedly somebody from the staff was leaking information to his running mate and demanded that we tell him who it was.

Q. Do you recall if he asked if anyone had complained about him?

A. On that specific date in April?

Q. Yes.

A. No, I don't -- I don't remember him saying that. I know he was just very demanding as far as telling us who spoke with him, he wanted to know, why would you do that, you know, just running all the questions and making us tell. I had no idea what he was talking about, so.

Q. So how did you respond to him?

A. I just sat there. I didn't speak through the whole thing. I just was sitting at my desk curious of how long we were going to be locked in the office.

Q. And did you ever discuss that incident with Debra French?

A. I personally did not, no. If any of the other girls did, I am not sure and when, I would not know that, no.

Q. Do you recall about how long you were in the office that day?

A. Probably no more than a half an hour. But it was also in the middle of the afternoon. There could have been defendants or clients, anybody trying to come in. I don't recall anybody coming to the office, but it was in the middle of our afternoon while we were still open till 4:30.

Q. And when Judge Tidd locked the door to the office, can you describe the tone of voice he used in speaking to you?

A. He was harsh. He was demanding. He wanted to know who had been speaking to his opponent giving information or anything like that. He just was rather demanding wanting to know who was doing it.

Q. And during that time, did you feel that you could leave?

A. No. The thoughts were going through my head how long were we going to be locked in the office and if I could grab my purse and my phone and there's an exit door right behind my desk. And if we would have been there any longer, I was going to leave because it was kind of not right to be having us locked in the office.

Q. Did you discuss that plan with the other clerks after

A. No, no.

Q. During the time that you worked for Judge Tidd which can you refresh me on those dates? January 2015?

A. January 2015, correct.

Q. To July 2016?

A. Correct.

Q. Did Judge Tidd treat his clerks in a disrespectful manner in the reception area of the district court?

A. There were times that he wasn't always nice. I mean, as far as disrespectful, there were times that that happened, yes. I can't say if it was just us in the office. Sometimes there could have been, you know, defendants around. But usually it was just when it was us.

Q. Do you recall an incident around Halloween where he was disrespectful to you?

A. To me, yes. We had put candy -- Halloween candy out that Halloween, and I believe it was towards the end of the week it was first thing in the morning. All the girls we all know in the office that Judge Tidd liked candy. That wasn't a big secret. He happened to be going through the candy jar, and I looked up and just kind of chuckled, and he asked me what was I laughing at. I said, well, you're digging in the candy and, you know, it's 9:00 in the morning, you know, just whatever. And he said, well, here, what, I'm not supposed to eat the candy. I said, no, you can have the candy, I don't care. He said, no, you eat it. And he threw it at me, and it bounced off my arm and hit the floor. I was a little taken aback that he threw a piece of candy at me, so I picked it up and I put it on my ledge and told him I didn't want the candy he should have it. And he said, no, you can eat it. And I just left it sit there and just let it go for the most part.

And then later that morning I believe before he left he said something to me that he'd have to worry about me being mad at him by the time he came back to the office. I told him, no, the next time I see you this matter will be forgotten because I was still taken aback of the fact that he threw candy at me. And I let it go.

The next time I saw him, it was either the next morning or maybe even that Monday, another officer, came in, I don't remember who it was, and he also went in the candy, and he looked at the officer and then looked at me and said, you better ask Tracie if you can have the candy. And then I looked at him and said, you're going back to that subject when I had totally forgotten about it and just dropped it. And then he didn't really say anything. And that was the end of that.

Q. Did you feel embarrassed in front of the officer?

A. No, not really. I just was taken aback for the fact that he's, you know, the judge and my boss and why would he throw candy at me. Like I kind of was just shocked by the whole thing that he actually threw it and it hit me on the arm and hit the floor.

Q. During the time that you worked for Judge Tidd -- and we're in improper demeanor at Paragraph 24 -- did you ever hear Judge Tidd use the following words, and they're in quotations, fuck, bitch, fucker, and mother fucker, when speaking to or in the presence of the clerks?

A. Yes.

Q. Did you hear him say all of those words?

A. At one time or another, yes, definitely because obviously he called me a bitch. And then there was an incidence where he used one of the other words to one of the other clerks in the office.

Q. Which one of the other words?

A. Mother fucker.

Q. To whom did he say that?

A. Cassandra Bettler.

Q. Were you present at the district court on February 19, 2016?

A. Yes.

Q. And did you observe Judge Tidd confront Cassie Bettler after receiving a letter from the Board?

A. Yes.

MS. FLAHERTY: We'd like to play that video now, please. And the transcript is at Exhibit 12-C.

(The video recording was played.) BY MS. FLAHERTY:

Q. Ms. Drayton, who else was in that -- can you describe for us who was in that video, please.

A. That was me and Cassandra Bettler.

Q. And who was speaking with Judge Tidd during that time?

A. Cassandra Bettler.

Q. And when Judge Tidd said -- pointed and said, pull it off of there, do you know what he was referring to?

A. I assume that he was referring to the tape that will -- or the security camera that rolls in the office that you got the -- you know, that shows in the different parts of the office, the cameras.

Q. And that was on that same day, February 19th, 2016?

A. Correct.

Q. Now, you previously stated that you only learned of problems at the court when you were there for a few months.

A. Correct.

Q. So was it after primary election day that you learned of it?

A. Yeah, a little after. I think -- I don't remember the exact time frame. After the -- what happened on the primary election day, Brenda Anthony had just briefly mentioned to me that there were some issues going on involving Judge Tidd. I didn't ask any questions because it didn't really -- nothing really probably involved me. I was new. So I didn't really ask, and, you know, I didn't really want any details of what it was. She just informed me, and I left it at that. I didn't question anything else.

Q. Were you aware that clerks were taking notes on conduct going on at Judge Tidd's court?

A. No.

Q. So you had no occasion to participate in contributing to the logs that you may have heard of?

A. Correct, I did not.

Q. And can you describe Judge Tidd's demeanor or attitude after -- well, after this tape, this February 19, 2016 date, did his conduct change?

A. Yeah. He was rather quiet most days when we would come in. He didn't usually speak to us in the morning. We got a good morning maybe, and that was about it. He did speak to us if it was work related. But anything other than that he did not speak to us.

Q. Do you believe Judge Tidd treated you in a respectful manner?

A. At times, no.

Q. Did he treat Cassie in a respectful manner?

A. Also at times, no.

Q. During that primary election season, did Judge Tidd ever talk about whether he would return to his judicial office after the election?

MR. STRETTON: Objection.

THE WITNESS: I don't remember hearing anything like that, no.

JUDGE BARTON: What's the basis for your objection?

MR. STRETTON: It has nothing to do with this case.

JUDGE BARTON: Counsel, how is this relevant?

MS. FLAHERTY: It's withdrawn.

JUDGE BARTON: Please proceed.

MS. FLAHERTY: I'm moving to the section on special consideration which begins at Page 25. BY MS. FLAHERTY:

Q. Tracie, did you ever hear Judge Tidd tell clerks not to issue warrants to Attorney Burke?

A. To me that happened only because there was -- at the time I was handling issuing the warrants and Attorney Burke's citation came up on the warrant list, and I mentioned it to Judge Tidd that Attorney Burke was due for a warrant that day. I believe he advised us to give him a call to let him know, and I said, well, I'd like him to get in here today before 3:00 or the warrant's going to be issued. And Attorney Burke came in that day and paid his citation.

Q. Do you know if Judge Tidd is the one who called him to tell him to come in to pay it?

A. Honestly I do not remember.

Q. Do you know if Judge Tidd told other clerks to hold warrants back from Attorney Burke?

A. While I was working there, I don't have any recollection of that. If it happened prior to me starting there, I wouldn't know.

Q. So the one instance where you told Judge Tidd that a warrant was going to issue, what prompted you to tell him that?

A. 'Cause Attorney Burke had numerous tickets in our office and -- for parking tickets, and it had been mentioned just in conversation to me or through just with all of us that Attorney Burke was habitual in our office with getting traffic tickets.

Q. Did you hear from other clerks that there was a policy in your court that you were to hold back

A. No. That was never told that there was a policy. I just brought it to his attention saying, hey, Attorney Burke has this ticket, he really -- you know, he's getting a warrant, he really needs to get in here to pay it or he's getting the warrant.

MS. FLAHERTY: We're turning to Section F, Failure to Accord Full Right to be Heard. BY MS. FLAHERTY:

Q. During your time working with Judge Tidd from January 2015 through July 2016, did Judge Tidd conduct traffic summary trials, landlord/tenant hearings, preliminary arraignments, and waivers of preliminary hearings at the counter at the reception area?

A. Yes.

Q. During that same time period, did you observe Judge Tidd going into the courtroom to conduct hearings?

A. No, not really.

Q. If a defendant specifically requested to conduct a summary trial in the courtroom, did Judge Tidd accommodate that?

A. Yes.

Q. From your observations when a defendant arrived at Judge Tidd's court for a scheduled traffic summary trial, did Judge Tidd routinely encourage a plea agreement at the counter?

A. I never really heard that myself. I used to sit in the back until I moved to the front. And if I was engaged in doing my work, I honestly didn't really pay much attention to what was going on at the counter unless I was helping someone if they came in to pay a citation or, you know, just helping somebody if they stopped in with questions.

Q. Did Judge Tidd ever ask you to personally handle matters at the counter in his absence?

A. No.

Q. And did you observe Judge Tidd conducting preliminary

MS. FLAHERTY: This is at Paragraph 129. BY MS. FLAHERTY:

Q. Did you observe Judge Tidd conducting preliminary arraignments at the counter?

A. Not usually because if they were brought in a lot of times if an officer brought them -- a person in for arraignment usually they were turning themselves in on a criminal case or it was done over the videoconference. So that could have been handled in the courtroom or it was handled in his office where the Polycom is, so not usually. I mean, preliminary hearings are one thing. Arraignments are different. So did you mean an arraignment or actually a preliminary hearing?

Q. Well, fine to go ahead and discuss the arraignments. I can backtrack, and let me get specifically to the language of the complaint. During the time that you worked for Judge Tidd, did you observe him conducting preliminary arraignments at the counter?

A. No.

Q. Did you observe him conducting waivers of preliminary hearings at the counter?

A. Yes.

Q. Now, you've testified that you observed Judge Tidd conducting various proceedings at the counter prior to his receipt of the February 19th -- prior to February 19, 2016 when he received the letter from the Board, correct?

A. Yes.

Q. And then did he continue to conduct hearings at the counter, or did that change after that time?

A. That changed. He started doing everything in the courtroom.

Q. And did he wear his robe?

A. Yes.

Q. Can you tell the Court how Judge Tidd would transport his robe into the courtroom?

A. He would just go into his office and carry it into the courtroom and leave it in there waiting until the hearings would start because usually he was in the office before we were. So prior to the hearings starting which were either 8:45 or 9:00 a.m., he would just carry it from his office where it hung on the back of the door into the courtroom.

Q. Did he ever carry that robe into the courtroom in a ceremonial manner?

A. One time I observed him carrying it he had his hands up, and he just kind of carried it across through the office into the courtroom.

Q. Was it in a joking manner?

A. I don't know because there were times -- like I said, he didn't normally speak to us, so nobody -- nothing was really being said.

JUDGE BARTON: Anything further of this witness?

MS. FLAHERTY: I'm done with direct.

JUDGE BARTON: Mr. Stretton, do you have any questions of this witness?

MR. STRETTON: I do. Thank you.

JUDGE BARTON: Please proceed.

CROSS-EXAMINATION

BY MR. STRETTON:

Q. Now, good evening, ma'am.

A. Hello.

Q. Let me make sure I understand. You got along okay with Judge Tidd. Am I right?

A. Yes, overall I would say yes. From the time I started I really didn't have any problems with him other than the minor incidences that were discussed today.

Q. But, I mean, overall you and he had a good working relationship?

A. Yes. I had no problems. He never complained about my work or anything like that, no.

Q. And prior to February of 2016, he would often sit out in the area where you and your colleagues sat. Am I correct?

A. Correct.

Q. And at times he would banter back and forth with you and others?

A. I'm sure there were times, yes.

Q. And would he banter back and forth with Ms. Anthony?

A. Well, when Brenda was in the office, there were four of us so there really wasn't an open desk to sit in the -- you know, where our little hub is there. We could have had banter. To be honest with you, I don't remember.

Q. At times he would almost kid with you. Am I correct?

A. Probably yes, sometimes.

Q. The birthday cake when he used the B word that you referenced a few minutes ago, that might have been like a joke, you know, why are you being a B?

A. Right. But I took it to the point where if he's my boss he shouldn't be speaking to me that way even if it is in a joke. And I honestly didn't take it that way because that's not how it came across.

Q. I understand. But it could have been from his perspective?

A. Possibly, yes.

Q. And he never -- beside the two or three times you mentioned the B word, he never cursed at you or anything, did he?

A. No.

Q. And he did not curse on a regular basis in the outer area. Am I right?

A. Not generally, no, I mean, unless like you said if it was banter. I mean, I can't remember specific, you know, times.

Q. I was just looking at this statement you made in 2016, and there's no reference to him using the F word to people or yelling or screaming or cursing at them on a regular basis in your statements, is there?

A. No. I mean, it did happen. It wasn't, you know, daily. I mean, it shouldn't probably have happened at all, but it did, so.

Q. I mean, it was very infrequent. Am I correct?

A. Yes. But it still happened.

Q. But you never referenced that in your statement?

A. No. I mean, that -- that was a specific question regarding me, so I just was only discussing myse1f.

(Exhibit Number R-19 marked for identification) BY MR. STRETTON:

Q. I just want you to look at this. I marked it for identification purposes as R-19. It's a summary of your statement by former investigator, Sean Brennan.

MR. STRETTON: And if I could approach the witness with the Court's permission.

JUDGE BARTON: Certainly. BY MR. STRETTON:

Q. I'm putting on your desk a summary of a statement you made to Mr. Brennan. Have you seen this statement before, Ms. Drayton?

A. Yes.

Q. In that statement just to sort of fast forward a little, the last paragraph on the first page and the top of the second page is where the B word was referenced. Am I correct?

A. Yes.

Q. In the first page, the third paragraph is the election day thing which we already saw live on the video a few minutes ago. Am I correct?

A. Correct.

Q. On the second page you reference at times former Judge Tidd would raise his voice. That's the first full paragraph. Do you see that on the second page?

A. Yes.

Q. And you were asked about him making deals at the counter, and you said you hadn't noticed that. Am I right?

A. Yes.

Q. Is that true?

A. Wait, I'm sorry, I was reading. I'm sorry, can you ask me the question again.

Q. I'm sorry.

A. That's okay, I just was reading.

Q. That's my fault. I should have made sure you were looking at me. On the second full paragraph but the third paragraph on the second page it says, Drayton -- I'm just quoting. Remember this is a summary, it's not verbatim. You have to tell me if it's accurate or inaccurate -- hasn't noticed if Tidd made any deals at the counter. She always sees him talking to the cops and defendants together. Is that correct?

A. Yes.

Q. And during the time you were there, former Judge Tidd would get there pretty early in the morning. Am I right?

A. Usually. He was there before we got there at 8:30.

Q. And then he would stay until sometime in the afternoon when the business of the court was pretty much concluded?

A. Usually our hearings never went past 12:00 noon.

Q. And at some point in the afternoon he would leave to go to his law office?

A. He would leave as soon as the last hearing was over.

Q. And then he would come back if there was a need to?

A. If we needed him, correct.

Q. And in those days his law office was about a mile or so away from the courthouse?

A. His office was in Hellertown which is probably 5 to 6 miles from our office because I also live in Hellertown, and I make the drive every day.

Q. So it would be about 10-15 minutes away?

A. Correct.

Q. And according to you, when he went in the courtroom, he always wore his robe. Am I right?

A. That's what I said here, yeah.

Q. So what's your recollection?

A. There were times I can say that he didn't have it on, and maybe at times he did. I -- this was from last year.

Q. You said here on the third paragraph on the bottom second page, when Tidd, I'm just quoting, goes into his courtroom for a hearing, she said he always wears his robe. Am I right?

A. That's what I said.

Q. Now, you were there the day he came in when he was upset about information being leaked. Am I correct?

A. The day in question that he locked us in the office?

Q. Yes.

A. Yes, I was there.

Q. But, I mean, he locked the office door in the front so people couldn't come in from the outside?

A. Correct.

Q. But there were other doors that people could leave?

A. Well, we could have left. The only other door, like I said, was behind my desk which was the emergency exit.

Q. But anyone could have walked out there at any time?

A. Yes.

Q. He didn't just tell you to -- you couldn't leave. He locked it so he could talk to everyone with some privacy?

A. Correct. I mean, he didn't tell us we couldn't leave. But I was -- if we would have been continued to be there any longer, I was personally going to leave because that was not correct to be locked in the office.

Q. Well, he wasn't locking you in. He wanted to talk to you in private. Wouldn't that be a better way of saying it?

A. Either way it was wrong to be locked in the office. I've never worked for anyone who's locked me in an office to talk to me privately.

Q. In any event, you were aware that certainly he was running for reelection back on May 19th of 2015?

A. Yes.

Q. And you can certainly understand why he'd be a little perturbed if he got -- had been called in to come to hearings which he didn't expect?

A. Possibly.

Q. You later found out that Brenda Anthony was friends with his opponent and speaking to his opponent. Am I right?

A. I know nothing about that. I don't even know who his opponent was. I could never even identify him for you if you asked me.

Q. Now, after February of 2016, after that, Judge Tidd always stayed in either his office or the courtroom. Am I correct?

A. Or he sat at the computer that's in our office that has the internet which is still, you know, in the office area.

Q. And during that time period from February forward, everything was done in the courtroom, no counter work anymore. Am I correct?

A. Correct.

Q. From that time forward, there was no bad words or anything between him and you or anyone in the staff?

A. No. Like I said, he didn't really speak to us anymore. The only time he spoke to us is if it was work related pertaining to a case or a hearing.

Q. In essence, though, you didn't see him ranting, raving, screaming on a regular basis during your tenure there?

A. No, just on the instances that we watched.

Q. Two instances we saw?

A. Right, and then also when he came in and locked us in the office.

MR. STRETTON: Thank you very much.

JUDGE BARTON: Redirect?

MS. FLAHERTY: Just briefly if I may.

REDIRECT EXAMINATION

BY MS. FLAHERTY:

Q. Ms. Drayton, the interview that you had by our investigator, Sean Brennan, was in February of 2016, correct?

A. Yes. That's the date that's on here. It says 2/12/2016.

Q. And Mr. Stretton read to you from Paragraph 3 that you hadn't noticed if Judge Tidd makes any deals at the counter.

A. Correct.

Q. If you could review the rest of that paragraph, please.

A. Okay.

Q. When we first talked, I asked you about your work style, and you said that you're very focused on your work. And here in this interview did you expand on that more when you were speaking with Mr. Brennan whether or not you were paying attention to what the judge was doing?

A. No. And that's just how I work. When I get involved in what I'm doing in the morning, if it doesn't really involve me and if there were people at the counter and it didn't involve me specifically, I honestly don't pay much attention to it. Unfortunately I'm still like that today. I just kind of get into my work, and that's how I work. I just get focused and just want to do my job.

MS. FLAHERTY: Thank you.

MR. STRETTON: I have nothing further.

JUDGE BARTON: Thank you for your testimony, Ms. Drayton. You may step down, and you are free to leave.

(Discussion off the record held at sidebar)

DANIEL BENCSICS, called as a witness, having been duly sworn, testified as follows:

DIRECT EXAMINATION

BY MS. NORTON:

Q. Would you tell the Court your name, please.

A. Daniel Bencsics.

Q. And where are you employed?

A. Employed by the Upper Saucon Township Police Department.

Q. And how long have you been employed there?

A. Approximately a year and a half.

Q. Where were you employed before that?

A. Lower Saucon Township Police Department.

Q. And as a police officer currently in Upper Saucon, do you work out of what was Judge Tidd's courtroom?

A. Currently, no.

Q. Prior to that when you were employed at Lower Saucon, did you occasionally work -- or have cases filed in Judge Tidd's courtroom?

A. Yes.

Q. And what time period would that have been?

A. Approximately 2013 to 2015.

Q. Would that have included a period of time around about May 19th of 2015?

A. Yes.

Q. All right. So let me ask you, do you recall the name Joseph Melhem?

A. Yes.

Q. Why do you recall that name?

A. I recall it from a traffic citation.

Q. And do you recall did you have to go to court on that matter?

A. Yes.

Q. Do you happen to remember what the traffic citation was for?

A. I believe it was a stop sign violation.

Q. Do you remember the date that you went to court on that citation?

A. Off the top of my head, I don't remember the exact date, no.

Q. If you could recall, when you went to court on that date, did anything -- whatever date that may have been on Joseph Melhem, did anything happen unusual in court that day?

A. I remember that day being an election day.

Q. Would it have been primary election day or general election?

A. I have no clue.

Q. Well, you don't play in politics at all, do you?

A. No.

Q. If I told you primary election is generally in the spring and general election is in the fall, which one would it have been?

A. It would be the primary.

Q. So it was primary election day. What year?

A. 2015.

Q. And what do you recall happening?

A. I remember waiting in the lobby area of the courthouse and then overhearing the girls calling the judge and wondering where he was at the time.

Q. Let me ask you, what courthouse are you talking about?

A. Judge Tidd's courtroom.

Q. And you were waiting where in his court building?

A. I guess you would consider it the lobby area when you first walk into the front door.

Q. All right, thank you. And you said you could hear someone speaking on the phone? Is that what you said?

A. Yeah, if I remember, I think a phone call. I don't remember exact words, or.

Q. Did you get a gist of what the phone call was about?

A. Not at the time, no.

Q. So at some point in time did you see Judge Tidd that day?

A. Yes.

Q. And can you explain to the Court what happened when you saw Judge Tidd?

A. A couple minutes after I arrived I remember him coming into the courtroom -- courthouse and being upset.

Q. What was he upset about?

A. From what I remember having hearings scheduled on the election day.

Q. How did he express that?

A. I don't know how -- how to respond to that exactly. He seemed upset about it.

Q. What was it he was doing that made you think he was upset?

A. Just the tone of his voice.

Q. Did he address you at all when he first came in?

A. I don't remember off the top of my head, probably not I don't think.

Q. What did you see him do after he expressed that he was upset about having hearings that day?

A. What was the question?

Q. What did he do after he expressed that he was upset about having hearings that day?

A. I remember him having the hearing continued.

Q. And how did he tell you that?

A. He said that the court administration -- it was continued per court administration.

Q. And then what happened?

A. And then I can recall observing Attorney Minotti come in the parking lot. I recognized him.

Q. Well, after you heard Judge Tidd say everything was continued, why didn't you just leave right then?

A. Because it was moments later, seconds later that I saw Attorney Minotti entering the parking lot.

Q. And then did you continue -- how could you see him? Were you looking through a window or what?

A. There's double glass doors.

Q. And you were looking through that door?

A. Yes.

Q. What did you see happen out in the parking lot?

A. The judge left the courtroom and spoke with Attorney Minotti at his car.

Q. Out in the parking lot?

A. Yes.

Q. Could you hear what they were saying?

A. No.

Q. Were you made to be part of that conversation? Did they invite you out?

A. No.

Q. Did anyone come back into the courtroom -- I should say court building?

A. The judge and Attorney Minotti and Mr. Melham all came back into the courtroom.

Q. What happened then?

A. Then Attorney Minotti and I, I guess, agreed to amend the citation.

Q. Well, did it go in that order?

A. I don't know because I don't remember the exact order of it going, but.

Q. What kind of negotiation did you embark upon?

A. I remember Attorney Minotti asked me about 3111, and I said yes.

Q. So what did he say to you, how many words?

A. I think it was how about 3111 or 3111. It was short, brief.

Q. It was very brief. Why was it so brief?

A. That I don't know why.

Q. How was Judge Tidd behaving when he had come back in with Attorney Minotti?

A. He was still upset.

Q. Now, do you recall did Judge Tidd make any comments about his knowledge of the case when he came back in?

A. No, I don't believe so.

Q. You can't recall that?

A. No.

MS. NORTON: I guess, Your Honors, I would ask to play a portion of the video to refresh his recollection on that matter.

MR. STRETTON: Why don't we just use the transcript?

JUDGE BARTON: Would the transcript work?

MR. STRETTON: Whatever she wishes.

JUDGE BARTON: If you want to play the video, that's fine. It's up to you. If you'd like to play the video as opposed to using the transcript, Mr. Stretton has said he'll defer to your good judgment.

MS. NORTON: I think if we can find the transcript we can use that, Your Honor.

JUDGE BARTON: I think it was at 12-B.

MS. NORTON: May I approach the witness?

JUDGE BARTON: You may.

MS. NORTON: I'm going to hand the witness I believe it's Exhibit 12-B. I'm actually just going to focus his attention on the last two pages. If you would like to take a minute and just read through that.

JUDGE BARTON: Officer Bencsics, as a preliminary matter, the Court would indicate that the events inside the court facility were captured on audio and video, and as a result of the audiotape of these events, that transcription was prepared that you've been shown. To refresh your recollection of those events, you can go ahead and take a look at it if you would, sir.

THE WITNESS: Okay, thank you. Just this last page?

MS. NORTON: Yes. Are you done?

THE WITNESS: Yes. BY MS. NORTON:

Q. Does that help you to remember if Judge Tidd expressed any knowledge about the citation?

A. Yes, it helps. He had no knowledge.

Q. He said he had no knowledge?

A. Yes.

Q. And did you fill him in? Did you give him any of the facts behind the citation?

A. No.

Q. And yet the defendant went ahead and entered a guilty plea?

A. Yes.

Q. To something different than what you had cited him for?

A. Yes. The citation was amended.

Q. And you weren't asked to state the facts or a basis for the guilty plea, were you?

A. No.

Q. Did you notice or do you recall, excuse me, that when Judge Tidd entered with Attorney Minotti he said -- he pointed to you and do you recall what he said?

A. There's your officer.

Q. And then what?

A. Do it.

Q. Do it how?

A. Now.

Q. Is that how you would typically negotiate a plea?

A. No.

MR. STRETTON: Objection. I don't know about her, but I can tell you there's no typical way, see an officer and negotiate. Sometimes they're talkative. Sometimes they just take it or leave it.

JUDGE BARTON: Sustained.

MS. NORTON: If I may speak to that objection.

JUDGE BARTON: You may.

MS. NORTON: I think that it's not about what we believe is typical, it's about what the officer believes is typical, so my question is what -- is that typical for him in how he negotiates a plea. He may have a particular way. And I would also say to the Court that it simply -- well, I'll strike that. I just think that it's about him.

JUDGE BARTON: It may be typical or atypical for this officer. I don't know that that's particularly relevant. And of course the Court has seen the video and the transcript. I'll sustain the objection.

MS. NORTON: I'll let it go. Thank you, Your Honor. BY MS. NORTON:

Q. Is there another location in that court building where you can negotiate a guilty plea?

A. Yes.

Q. And have you used another location to negotiate guilty pleas?

A. Yes.

Q. But on that occasion you didn't. Why is that?

MR. STRETTON: Objection.

THE WITNESS: I'm not sure exactly why. BY MS. NORTON:

Q. Excuse me?

A. I don't know exactly why.

Q. All right, fair enough.

MS. NORTON: I have no further questions, Your Honor.

JUDGE BARTON: Questions, Mr. Stretton?

MR. STRETTON: I have none. Thank you.

JUDGE BARTON: Thank you for your testimony, Officer Bencsics. You are free to go. This court is in recess.

(The proceedings adjourned at 5:31 p.m.)

CERTIFICATION

I hereby certify that the proceedings and evidence are contained fully and accurately in. The notes taken by me on the within proceedings, and that this copy is a correct transcript of the same.

Dated in York, Pennsylvania this 2nd day of February, 2017.

/s/_________

Bethann M. Mulay, Notary Public

Registered Professional Reporter

(The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and/or supervision of the certifying reporter.)