Eakin, who testified Monday before the Court of Judicial Discipline, will be suspended with pay pending trial.
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He emphasized that Eakin’s emails, while sent from a private account under a pseudonym, were sent to others’ government accounts.
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The Judicial Conduct Board is accusing Eakin of trading emails that someone of reasonable sensitivity would find objectionable.
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“Clearly, these emails, which address judicial employees, are extremely inappropriate and offensive”, the court’s order stated.
Eakin’s trial will be public. “I think democracy can’t work if you take private matters and private thoughts and make it a public show”, he said.
“Perhaps my demeanor is one of the boys”, he said.
The suspension follows a hearing on Monday in Scranton by the Judicial Conduct Board.
In a response filed this week, Eakin’s lawyers argued against suspension, describing the emails as male banter that wasn’t meant to become public. They said if there’s any evidence it has, that evidence can be part of his trial.
In addition to receiving numerous emails laden with pornographic, misogynist, racist, and homophobic content, Eakin relayed a joke about a battered woman, vowed to close his “titty deficit” by patronizing strip clubs with fellow officers of the court, and nauseatingly imagined getting his female aides to share rooms with them during a planned golf outing in Myrtle Beach, S.C.
Judicial regulators say the emails bring disrepute to the court and violate ethical canons, while Eakin’s attorneys argue they were private messages to close friends that were never intended for the public eye. In his testimony Monday, Eakin called it ironic that McCaffery, who Eakin said threatened to “blackmail” him by releasing his emails, escaped without sanctions. The Court of Judicial Discipline ordered Judge Eakin suspended from his judicial and administrative duties until further notice effective today.
Eakin is the second Pennsylvania justice to face discipline in the scandal.
Eakin was cleared by the Judicial Conduct Board a year ago, but Kane produced additional emails in recent months, prompting a new investigation that led to the charges he is now defending against.
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The attorney general first learned of Eakin’s emails last year, when she discovered that her office for years had been a hub for the exchange of pornography and other offensive content among judges, defense lawyers prosecutors, and others.
