Opinion
2 JD 2019
12-12-2019
IN RE: Lyris F. Younge Court of Common Pleas First Judicial District Philadelphia County
Charles M. Gibbs, Esquire McMonagle, Perri, McHugh Mischack & Davis, P.C. PA Supreme Court ID# 310023 1845 Walnut Street, 19th Floor Philadelphia, PA 19103 Attorneys for the Respondent
ORIGINAL JUDGE LYRIS F. YOUNGE'S PRE-TRIAL MEMORANDUM
The Honorable Lyris F. Younge, by and through her undersigned counsel, hereby files this Pre-Trial Memorandum pursuant to this Honorable Court's Order.
A. TRIAL WITNESSES
In addition to the witnesses identified in the Judicial Conduct Board's Pre-Trial Memorandum, whom Judge Younge reserves the right to call as a witness in her case, she may call the following individuals at trial:
1. The Honorable Idee Fox, President Judge, City Hall, Philadelphia, PA 19103. Judge Fox will testify regarding Judge Younge's comportment on the Bench and flow of work for the Office of Court Reporters.
2. Mr. Paul Fontanes, JCB Investigator. Mr. Fontanes will testify about his role in the investigation and the interviews he has conducted.
3. Ms. Juia Ressler, who will testify regarding JCB 2018-090.
4. Ms. Dana Carlomango, 721 McGee Avenue, Philadelphia, PA 19111. This witness will offer character testimony.
5. A. Benette Harrison, Esq., 1515 Arch Street, Philadelphia, PA 19103. This witness will offer testimony about Judge Younge's judicial demeanor and character testimony.
6. Dr. Miriam Harden, 721 Arbor Way, Suite 103, Blue Bell, PA. Dr. Harden will testify about Judge Younge's medical condition.
7. Ms. Danielle O'Connor, 100 S. Broad Street, Philadelphia, PA. Ms. O'Connor will present testimony about the Court Reporter process and record production.
8. Dr. Brittney Cooper, Dill Johnson Crockett Building, 162 Ryders Lane, New Brunswick, NJ 0890. Dr. Cooper will offer testimony regarding the judicial temperament of the Judge Younge.
Judge Younge reserves the right to supplement this Witness List as her investigation is currently ongoing.
B. EXHIBITS
Judge Younge does not intent to unreasonably object to Exhibits offered by the JCB. Judge Younge plans to introduce Exhibits that were provided by the Board in discovery and additional expert reports of the Dr. Cooper and medical records of Judge Younge. Moreover, Judge Younge will utilize electronic mail messages that she received and or were sent in the performance of her duties. Judge Younge's investigation is ongoing and she reserves the right to supplement the Exhibit List.
C. STIPULATIONS
There are no stipulations at this time.
D. DISCOVERY CERTIFICATION
Judge Younge's investigation is ongoing and as documents that are required to be produced are generated or complied, they will be produced immediately in accordance with Rule 401(D).
E. OTHER ISSUES
1. Outstanding Request for a Continuance.
2. Judge Younge may seek judicial intervention in the unmasking of certain redacted notes turned over in discovery.
Respectfully submitted,
December 12, 2019
By:/s/_________
Charles M. Gibbs, Esquire
McMonagle, Perri, McHugh
Mischack & Davis, P.C.
PA Supreme Court ID# 310023
Philadelphia, PA 19103
Attorneys for the Respondent
CERTIFICATE OF SERVICE
I, Charles M. Gibbs, Esquire do hereby certify that on December 12, 2019, I caused a true and correct copy of the foregoing pleading to be served via First Class mail on:
Ms. Elizabeth Flagherty, Esq.
Judicial Conduct Board
PA Judicial Center
601 Commonwealth Avenue, Suite 2500
Harrisburg, PA 18107
Respectfully submitted,
December 12, 2019
By:/s/_________
Charles M. Gibbs, Esquire
McMonagle, Perri, McHugh
Mischack & Davis, P.C.
PA Supreme Court ID# 310023
1845 Walnut Street, 19 Floor
Philadelphia, PA 19103
Attorneys for the Respondent