In Re: Angeles Roca, Judge

Appellant Angeles Roca served as a common pleas judge in the family division of the First Judicial District, Philadelphia County. Her term overlapped with those of former Philadelphia Municipal Court Judges Joseph Waters and Dawn Segal. During this period, the FBI was investigating Waters’ activities; the investigation included wiretap surveillance of his telephone communications. Several conversations between Waters and Appellant were recorded in 2011 and 2012. In 2012, Appellant asked Waters for advice on how her son, Ian Rexach, should proceed relative to a tax judgment. Appellant learned that Segal would not be presiding over these types of petitions after June 29, 2012; seeking to ensure that Segal presided over her son’s petition, Appellant called Waters to encourage him to intervene. Segal reviewed the petition for reconsideration and issued a rule to show cause why the relief requested should not be granted. Although Segal did not preside over Rexach’s case thereafter, she called Waters to advise him that she “took care of it” and to “tell her it’s done.” Waters called Appellant and discussed the matter, confirming that it had been “taken care of” by Segal. A default judgment against Rexach was ultimately vacated and the case against him was withdrawn upon his payment of $477 in taxes. In 2015, the Judicial Conduct Board sent Appellant informal letters of inquiry concerning her contacts with other judges. At the time, Appellant was unaware that her conversations with Waters had been recorded. In her written responses, Appellant made several representations which were inconsistent with the content of the recorded phone conversations. In 2016, the Board filed an amended complaint with the CJD alleging that Appellant had violated Article V, Sections 17(b) and 18(d)(1) of the Pennsylvania Constitution, as well as several provisions of Pennsylvania’s former Code of Judicial Conduct (the “Code”). On appeal, Appellant alleged that the CJD’s removal-and-bar sanction was unduly harsh under the circumstances. She requestd a lesser penalty. In this respect, Appellant maintained, first, that the Pennsylvania Supreme Court was not bound by a state constitutional provision, which limited the Court's review of the sanction imposed by the CJD to whether it was lawful. In the alternative, Appellant proffered that the punishment was not lawful because it was inconsistent with prior decisions in cases where the misconduct was not extreme. The Supreme Court found the penalty imposed by the CJD was lawful. That being the case, the Court lacked authority to overturn it. View "In Re: Angeles Roca, Judge" on Justia Law