Mayor, legislators blast judge for ‘cesspool’ comment
Among local officials, judges in our five courts of common pleas are generally the most revered and respected.
They are surrounded by the trappings of office which confirm their status — the robes they wear, the elevated benches from which they dispense justice, court employees who are at their beck and call and the almost dictatorial rule they have over the proceedings that unfold before them in their personal courtrooms.
These justices are expected to be guided by strict judicial procedures that follow the state’s Code of Judicial Conduct and American Bar Association guidelines.
The Code has this pointed admonition: “Justices and judges shall not engage in any activity prohibited by law and shall not violate any canon of legal or judicial ethics prescribed by the Pennsylvania Supreme Court.”
Even when they run for office, they cannot speak out on controversial issues that might come before them if they are elected. That’s why when we journalists try to interview judicial candidates it’s like playing a game of whack-a-mole.
Their advertising should be muted, and they are encouraged to be respectful of their opponents. Their behavior, both in and out of the courtroom, is expected to be beyond reproach. And when they speak, civility is expected.
And here is the best part: If they behave themselves after they are initially elected, they pretty much have the job until age 75, the mandatory retirement age, because after their first 10-year term they need not go through the messiness of another election, merely a retention vote.
A retention vote consists of a question on the general election ballot which asks: “Should Judge So-and-so be retained in office for another 10 years — yes or no?”
When it comes to sentencing, it is common for a judge to address a defendant. If the defendant is convicted of a heinous crime, a judge might make pointed comments underscoring the seriousness of what the person before him had done.
Being human, judges sometimes get carried away and say things that are not very judicial. I remember that a Monroe County judge called a defendant in a rape case the “scum of the earth — no, wait, that’s even too generous to call you.”
The most recent case of judicial overspeak came last week when Lehigh County Judge James T. Anthony labeled the City of Allentown a “cesspool” because of the many shootings which have occurred this summer.
The insensitive and uncalled for remark brought an instant response and rebuke from Allentown Mayor Ray O’Connell, a Democrat, and the three legislators who represent the city — Sen. Pat Browne, a Republican, and Reps. Mike Schlossberg and Peter Schweyer, both Democrats.
So what did the judge say that prompted such a response? “It’s a shame what’s going on in Allentown; it’s a cesspool,” Anthony said as he sentenced convicted killer Joshua Colon to 28 to 56 years in prison after one of the many shootings in the city. “It’s not the police’s fault. They can’t baby-sit an entire city,” Anthony added.
You may recall that I wrote several weeks ago about the numerous shootings in Allentown which threaten to undermine the incredible strides the city has made in reinventing its downtown area and making people feel safe to visit the area.
Anthony went on to reminisce about how he and family members shopped in the retail hub of the state’s third-largest city many years ago. “My grandfather would be shocked by what the city has become,” he said.
Of course, Anthony is frustrated by the numerous shootings; we all are, but his “cesspool” remark is way out of line and does a disservice to the many positives that are happening in Allentown.
Saying they were “disappointed” in Anthony’s characterization of the city, the four officials in an op-ed response said the judge “overlooked and discounted the tremendous growth and progress Allentown has undergone in recent years.”
They also wrote that the lack of reflection by a sitting judge in making such incendiary and disparaging comments “disrespects and undermines all of the city’s citizens, business owners and employees.”
I encourage Judge Anthony to retract his broad-brush comment and apologize for his intemperate remark.
By Bruce Frassinelli | tneditor@tnonline.com