The Legal Intelligencer by Zack Needles - February 22, 2011
PHILADELPHIA, PA - A York County Common Pleas Court judge accused of injuring a county public defender in a domestic dispute could face removal from the bench, regardless of the outcome of a criminal investigation, according to several Pennsylvania ethics lawyers. On Feb. 14, Janan M.E. Tallo of the York County Public Defender's Office obtained a protection from abuse order against York County criminal court Judge Thomas H. Kelley VI, whom she claimed slammed her on the floor of his home during an argument, breaking her elbow. Tallo said in her PFA petition that she was a "current or former sexual or intimate partner with" Kelley. According to the petition, the dispute began on Feb. 8 with an argument over the phone, the subject of which was not disclosed. Around 11:30 p.m., the petition said, Tallo went to Kelley's York Township home, he invited her in and the argument "escalated." "Defendant grabbed plaintiff by her coat from seating position, lifted her off the ground and slammed her to the floor," the petition said. "Plaintiff landed on back and arms resulting in broken elbow." Tallo alleged in the petition that she also suffered bruises on her back, thigh and arms. According to the petition, Kelley also "grabbed" Tallo's arm during an argument in November of last year. Tallo requested in her petition that Kelley be required to relinquish any firearms, weapons and ammunition and pay any medical bills related to her injuries. Nils Frederiksen, spokesman for the state Attorney General's Office, confirmed Thursday that the office is investigating a complaint involving Kelley that was referred to it by the York County District Attorney's Office.
According to media reports, York County President Judge Stephen P. Linebaugh is in the process of reassigning Kelley's criminal cases to other county judges to avoid having any of Tallo's colleagues from the public defender's office appear before him Linebaugh could not be reached at press time. West Chester, Pa., attorney Samuel C. Stretton said he's tried several cases in front of Kelley and was "absolutely shocked" by the allegations. According to Stretton, a felony criminal conviction would result in Kelley's automatic removal from the bench, but even a misdemeanor conviction could be enough to get Kelley either suspended or removed from the bench. In addition, even if the criminal investigation dead-ends or Kelley is acquitted, the JCB could potentially launch its own investigation, after which it could file charges with the Court of Judicial Discipline. A woman who answered the phone at the JCB said information regarding the board's investigations is confidential. After checking with the JCB's chief counsel, Joseph A. Massa Jr., she said he was unavailable for comment but told her he didn't have anything to add beyond her point on confidentiality. Jim Koval, a spokesman for the judiciary, said Chief Justice Ronald D. Castille is aware of the allegations against Kelley but was unavailable for comment at press time. Both Kelley and Tallo could face punishment, however, if it's revealed that they hid their relationship while she tried cases in his courtroom. Linebaugh is quoted in media reports as saying both he and Chief Public Defender Bruce P. Blocher were apprised of the relationship by Kelley and Tallo and that steps were subsequently taken to make sure Tallo always appeared before one of the county's other three criminal court judges. A call to Blocher was not immediately returned, nor was a call to the York County District Attorney's Office to determine whether Tallo may have handled any cases in Kelley's courtroom before the two disclosed their relationship to their superiors. A finding that Kelley and Tallo were involved in the same case while in a relationship could result in both being punished, said Fox Rothschild Co-Chair Abraham Reich, whose practice includes legal ethics and professional responsibility. Reich said Kelley would "clearly" have had an "obligation to disqualify himself" from any case in which Tallo was defense counsel during their relationship. Furthermore, if an investigation were to reveal that Tallo and Kelley's relationship affected his rulings in some way, those judgments could be reversed and Kelley could again face removal. Neither Kelley's attorney, Christopher A. Ferro of Griest Himes Herrold Schaumann Ferro in York, nor Tallo's attorney, Suzanne Sennett Smith of Marshall & Smith in York, had returned calls for comment at press time.
Holy crap. Pennsylvania has quite a bunch of boobs sitting on the bench. First the kids for cash animal, and now this thug. Wow. Thank goodness New York has only law abiding, even tempered folks on the bench.
ReplyDeleteI crack myself up. Pennsylvania has nothing on New York. We have the biggest collection of fearful honest judges with a bigger collection of spineless mobsters wearing black dresses.
Apparently, PA is actually willing to address judicial misconduct.
ReplyDeleteGood for them.
Good point 10:49pm. In New York, we give the biggest criminals who run our so-called system of justice more graft and bigger promotions. When are the feds coming to New York?
ReplyDeleteSchadenfreude. Termite turmoil. Morally decrepit lawyer sleeping with the morally decrepit judge is injured. Sadly, both lived. In PA, the termites have eaten openings for daylight to shine into their tunnels of corruption. Two more termites are found in the light of day.
ReplyDeleteThe entire court system in New York is rotten from the Termite-in-Chief,Lippman,on down.
Read Topix.com York Pa there are many posts on how this judge continues his unjust screwing and no one does anything about it
ReplyDeleteRE: yorkcountypa.gov
civil case #s 2011-FC-000338-15 and 2012-SU-000641-44
In short this Judge while on the civil bench (because he couldn't keep his dick or his hands to himself) ruled that victim must pay abuser for weapons the same court ordered him not to have.
Victim put PFA on Husband.
Unknown to victim Husband obtained a Homeowners policy for a home the couple did not own. He beats his pregnant wife and children, wife gets' a PFA and even though husband pled guilty to the same criminal charges which the PFA was based this Court refused to grant the requested relief RE 2011-FC-000338-12 than Husband files for divorce.
A month after filing he than filed a Petition for prohibition of dissapation of non-marital assets claiming that victim stole the weapons (he signed a sworn affidavit upon being served he had nothing to relinquish)he was ordered not to have during the time of the PFA and got JUDGE KELLEY to rule the items (firearm and ammo) existed and the victim is Ordered to pay abuser for them even though the Homeowners Policy is fraudulant
That would be like the reader getting a homeowners policy on A home you don't own than manufacturing items that did not exist and getting a JUDGE to rule it existed and you get paid.
All this obvious in justice and again nothing is done
This judge continues his unjust screwing on the civil bench.
CORRUPTION OF JUSTICE YET THE JUSTICE DEPARTMENT IN WASHINGTON DOES NOTHING
EXCEPT IF YOUR A BLACK JUDGE LIKE HONORABLE JUDGE BALLENTINE And someone manufactures alligations of dismissing parking tickets. Then there's punishment by higher powers.
That's racist!
Here's another disturbing twist Judge Ballentine's alleged tickets were not even valid yet you see how she was treated.
So if your black and falsly accused you get punished and smeared reputation but if your a white judge who can't keep his dick or hands to himself you just get moved to the civil bench to continue your screwing
WRONG AND RACIST!!!