Judicial Shaming of Convicted Judge Nixed by Court of Appeal

As Elton John wrote: “Sorry seems to be the hardest word”, an adage that is certainly true for convicted Pennsylvania Supreme Court Justice Joan Orie Melvin, who was ordered to deliver a written apology to every judge in the State as part of her sentence for using state facilities and staff to run her judicial election campaign. The problem Ms. Melvin had with the order was that she was to write the apology on a photograph of herself in bracelets, also known as handcuffs.

Former Judge Orie Melvin and her two sisters were upwardly mobile stars in the Republican political firmament in Pennsylvania. Joan was initially appointed to the bench and thereafter ran several successful re-election campaigns. Joan’s sister Janine Orie worked with her, and sister Jane Orie was a Republican Senator for the State of Pennsylvania.

Unfortunately, both sisters were also charged and convicted of improper use of state services, facilities, and staff to advance Jane’s Senate campaign. Janine was also convicted in respect of Joan’s judicial campaign, while Jane was charged but acquitted.

It wasn’t bad enough that Judge Orie Melvin lost her judicial position and her pension, but she was also ordered to serve three-years of house arrest with electronic monitoring, followed by two-years probation and community service in a local soup kitchen three days a week, together with a substantial fine.

On appeal the requirement that the apology to her fellow judges be written on a photograph of her with handcuffs was eliminated, the court finding that its only purpose was to shame and humiliate her. Appeal Court Judge Christine Donohue wrote:

“The trial court’s use of the handcuffs as a prop is emblematic of the intent to humiliate Orie Melvin in the eyes of her former judicial colleagues.”

However, the first batch of letters she sent to over 600 Pennsylvania judges were not good enough according to sentencing Judge Lester Nauhaus. Her first letters included the phrase “As a matter of law I am guilty of these offences”. Judge Nauhaus was not impressed with her lack of humility and ordered a rewrite which he said he would vet before the letters were delivered. He also criticized Ms. Orie Melvin’s lawyer, Patrick Casey, for the feeble apology.

On her second attempt she wrote:

“As a former member of the Pennsylvania Judiciary, I realize that my conduct has impacted the public’s perception toward the judiciary and the difficulty it has imposed upon the discharge of your responsibilities as a judge…I accept responsibility for the crimes for which I have been convicted. I regret any harm my conduct has caused you.”

How sad that three accomplished women in the same family lacked the integrity to conduct themselves in accordance with the privilege of the offices they held.

Lawdiva aka Georgialee Lang