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Mon Oct 20, 2014, 10:14 PM

PA State Supreme Court Justice McCaffery suspended in email porn scandal

Source: Pittsburgh Tribune Review

HARRISBURG – The Pennsylvania Supreme Court on Monday suspended Justice Seamus McCaffery with pay for sending and receiving 234 emails containing pornographic photographs or videos.

After apologizing last week for a “lapse in judgment,” McCaffery, 64, blamed Chief Justice Ronald Castille for the disclosure of emails from 2008 and 2009, saying it was “a vindictive pattern of attacks.” Castille, 70, had demanded the emails from the attorney general's office after the attorney general this month released sexually explicit emails circulated among former prosecutors.

Neither McCaffery nor Castille could be reached. The justices have had a long running feud. Castille, the former Philadelphia District Attorney and a Republican, faces mandatory retirement by Dec. 31.

McCaffery is “hereby relieved (of duty) on an interim” basis, the court's order said. The matter is under investigation by the Judicial Conduct Board, Chief Counsel Robert Graci told citizen activist Gene Stilp, who filed a complaint.

Read more: http://triblive.com/news/adminpage/6999531-74/mccaffery-emails-castille#ixzz3Gk0DzuJx
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Read more: http://triblive.com/news/adminpage/6999531-74/mccaffery-emails-castille



This Justice has already admitted to sending/receiving, on a state computer, during his work day, over 200 emails & videos, described by the court as "extremely disturbing". I disagree with Justice Todd's statement that suspension with full pay violates due process. The Fifth Amendment says to the federal government that no one shall be "deprived of life, liberty or property without due process of law." As long as McCaffery is not imprisoned and gets his salary & employment benefits, no due process question arises. In Mathews v. Eldridge, the U.S. Supreme Court said three factors had to be analyzed:

"First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail."

As to the 3rd factor, the function involved, we're looking at a governmental interest in the court's ability to dispense full and fair justice, free of prejudices. McCaffery's self-admitted penchant for hard core porn, which demeans and degrades women, can be strongly argued to consciously or subconsciously affect his interpretation of the facts of a case, and his evaluation of parties, witnesses & testimony in a case. His sharing said porn, repeatedly, including in ex parte communications with attorneys who come before the state supreme court, casts an ugly shadow over the court's proceedings and provides grounds for appeal therefrom.

Hard core porn is to women as racism is to blacks. If the Justice had sent and received hundreds of racist emails and videos, that would provide grounds for appeal to any black parties who had come into his court. Employers have a legal right to suspend an employee pending investigation, and this is often seen in the field of law enforcement, i.e., suspension on full pay can be used when an employee needs to be removed from the workplace to avoid prejudicing an investigation This is used not as a punishment, but in the employer's best interest. For example, a police officer who shoots a person while on duty will be given a suspension with pay during the investigation, not to punish, but to enable the department to carry out its investigation, as well as to avoid inflaming the public if said officer is allowed to continue working in a community.

234 actions over a 2 year period? A review by the attorney general's office found McCaffery's emails contained more than 700 unique sexually explicit images and 60 unique video files, according to a statement last week by Castille.

Hardly a "lapse in judgement" as McCaffery weakly claims.

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Reply PA State Supreme Court Justice McCaffery suspended in email porn scandal (Original post)
Divernan Oct 2014 OP
SoapBox Oct 2014 #1
RobinA Oct 2014 #2
Divernan Oct 2014 #3
CANDO Oct 2014 #4

Response to Divernan (Original post)

Mon Oct 20, 2014, 11:10 PM

1. What a mess...

And then there is finger pointing to boot?

What a drama.

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Response to Divernan (Original post)

Tue Oct 21, 2014, 08:39 AM

2. Pennsylvania

(of which I am a citizen and tax payer) apparently has nothing more important to worry about than this nonsense. How about an equal amount of time and energy spent debating mental health services in this state? Just for starters. Then maybe fix a few bridges, starting with the closed ones that involve major thoroughfares. A little less outrage, a little more action.

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Response to RobinA (Reply #2)

Tue Oct 21, 2014, 10:15 AM

3. The state supreme court has nothing to do with budgeting infrastructure repairs.

That's completely up to budget negotiations between the governor and the legislature. And as you well know, with a decades long GOP majority in both chambers of the state legislature, plus a GOP governor, there have only been tax breaks for corporations, regressive tax increases on the masses (gas tax increase), and precious little money for infrastructure.

I am delighted that McCaffery is being investigated. His attorney wife has received many hundreds of thousands of dollars in "referral fees" from plaintiffs' lawyers while she was employed by her husband, either as a clerk in his court or working on his re-election campaign. His addiction to hard core porn surely affects his judgement when there are any females as parties and/or witnesses in cases before him. And finally we learn that he has threatened a fellow justice with basically blackmail, i.e, either get the Chief Justice to drop the charges or be exposed yourself.

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Response to RobinA (Reply #2)

Tue Oct 21, 2014, 11:10 AM

4. This ought to put a happy face on your day....

 

http://www.poconorecord.com/article/20141017/News/141019462 $1 million grant will help Pocono Raceway rebuild entrance tunnels

By Staff reports
Posted Oct. 17, 2014 @ 4:19 pm

Gov. Tom Corbett announced today a $1 million Economic Growth Initiative grant to help Pocono Raceway’s renovation and improvement plan.

“This raceway is a major tourism catalyst for Pennsylvania, bringing in tourism dollars from neighboring states and around the country,” Corbett said. “This investment will help ensure the safety of event spectators as well maintain the viability of this worldwide destination.”


Now we're helping a private racetrack make improvements. I can't believe they're not financially capable of doing this themselves.

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