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By James Roxbury
Monday November 02, 2015 at 3:59 pm

Pa Supreme Court releases report of Special Council.

Report of Special Council Regarding The Review of Justice Eakin's Personal Email Communications.


Statement for Immediate Release


The review undertaken and the conclusions of the Del Sole Report are narrow in scope. The Report advises the Supreme Court that the Court should not intervene at this time and instead defer to the Judicial Conduct Board to investigate the allegations surrounding the Eakin emails. As such, I concur.

While I do not offer my personal opinion on the merits of the issue, so as not to be interpreted as attempting to influence the JCB, I caution the JCB to not minimize or sanitize the seriousness of this matter as they reach whatever conclusions they reach as they undertake a broader review.

The content of the emails and the impact of that content on the Court, lawyers and the public must be explored.

It is irrelevant how and when the emails in question recently became public. The fact is that the emails exist, are being questioned, and must be addressed.

The investigation must be thorough, must be expeditious, and charges, if any, should be filed in a timely manner. One could reasonably conclude the JCB did not fully investigate this matter a year ago when it had the opportunity to do so.

The entire judicial disciplinary process is being questioned as a result of recent events. It is time for the judicial, legislative and executive branches of government to come together, with public input, and discuss reform of that process.




I concur with the Court’s decision to follow the recommendation of Special Counsel to refer this matter to the Judicial Conduct Board.

It is my considered opinion that, based on the information in the possession of the Court at this time, action by this Court is not presently warranted. A complete and thorough investigation by the Judicial Conduct Board is in order, and expedited treatment by that body is essential.

I have reviewed all of the emails provided by the Office of the Attorney General, and I am disappointed and offended, both personally and professionally, by much of the content. The email exchanges contain offensive images, comments, and “jokes,”some of which are sexually explicit and demeaning to women. Some trivialize physical and sexual assault. I am equally offended by the derogatory stereotyping and mocking of racial, ethnic, and religious groups, as well as gays and lesbians.

It should be abundantly clear that all of our Commonwealth’s judges are expected to conduct themselves, in both their personal and public lives, in a manner that promotes the public’s trust and confidence in the judiciary. Our citizens deserve nothing less.


As released by the Office of the Attorney General:

HARRISBURG — Attorney General Kathleen G. Kane today released the following statement:

"I am pleased that the review of emails conducted by Joseph Del Sole on behalf of the Supreme Court agrees that they are 'detrimental to the judicial system' and 'could cause a reasonable person to question the impartiality of a judge and the judicial system.'

To those who view them, they 'offend,' as Justice Todd wrote in her concurring opinion, by 'trivializing physical and sexual assault'; they offend 'by the derogatory stereotyping and mocking of racial, ethnic, and religious groups, as well as gays and lesbians.'

I agree that some of the emails raise 'serious concern' and I await the findings of the Judicial Conduct Board."

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