Opinion
1 JD 2015
01-02-2015
IN RE: Dawn L. Vann Magisterial District Judge Magisterial District 32-1-21 Delaware County
PETITION FOR RELIEF FOR INTERIM SUSPENSION WITH OR WITHOUT PAY
AND NOW, this 2nd day of January, 2015, comes the Judicial Conduct Board of the Commonwealth of Pennsylvania (Board), by and through Robert A. Graci, Chief Counsel, and Elizabeth A. Flaherty, Deputy Counsel, and files this Petition Relief For Interim Suspension With or Without Pay pursuant to Article V, § 18(d)(2) of the Pennsylvania Constitution, Rule 701 of the Court of Judicial Discipline Rules of Procedure, and Rule 13(A) of the Judicial Conduct Board Rules of Procedure and in support thereof, avers the following:
1. The Pennsylvania Constitution at Article V, § 18(d)(2) provides this Court with the authority to impose interim suspension as follows:
Prior to a hearing, the court may issue an interim order directing suspension, with or without pay, of any justice, judge or justice of the peace against whom formal charges have been filed with the court by the board or against whom has been filed an indictment or information charging a felony. An interim order under this paragraph shall not be considered a final order from which an appeal may be taken.Pa. Const. art. V, § 18(d)(2).
2. From approximately October 19, 2007 until the present time, Judge Vann has served continuously, first as an appointed and subsequently as a duly elected, Magisterial District Judge for Magisterial District Court 32-1-21, of the Thirty-second Judicial District, Delaware County, Pennsylvania, encompassing the City of Chester, Wards 2-1, 2-3, 3, 4, 5, 6, 7, and 8,
3. Contemporaneously with the filing of this Petition, Board Counsel is filing a Board Complaint against Judge Vann alleging five counts of judicial misconduct. A copy of the Board Complaint is attached hereto, made a part hereof and incorporated herein by reference as though set forth in full. See Attachment "A" (Board Complaint).
4. The allegations contained within the Board Complaint against Judge Vann undermine both public confidence in the judiciary and the reputation of the judiciary. If Judge Vann is permitted to continue to preside over cases presented in Magisterial District Court 32-1-21 during the pendency of the Board Complaint, the public's confidence in the judiciary will continue to erode.
WHEREFORE, it is respectfully requested that this Honorable Court enter an interim order suspending Judge Vann, either with or without pay, pending disposition of the Board Complaint filed against her and to grant such other relief as may be deemed appropriate.
Respectfully submitted,
ROBERT A. GRACI
Chief Counsel
DATE: January 2, 2015
BY: /s/_________
ELIZABETH A. FLAHERTY
Deputy Counsel
Pa. Supreme Court ID No. 87637
Judicial Conduct Board
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 3500
P.O. Box 62525
Harrisburg, PA 17106
(717) 234-7911
PROOF OF SERVICE
In compliance with Rule 122(d) of the Court of Judicial Discipline Rules of Procedure, on January 2, 2015, a copy of this Petition for Interim Suspension With or Without Pay was sent by certified mail to Judge Vann's counsel, Michael J. Malloy, Esquire, at the following address:
Michael J. Malloy & Associates
10 Veterans Square
Media, PA 19063
Certified Mail No. 7161 7145 5373 0150 1702
Return Receipt Requested
Respectfully submitted, DATE: January 2, 2015
BY: /s/_________
ELIZABETH A. FLAHERTY
Deputy Counsel
Pa. Supreme Court ID No. 87637
Judicial Conduct Board
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 3500
P.O. Box 62525
Harrisburg, PA 17106
(717) 234-7911