Opinion
1 JD 23
04-04-2023
IN RE: Judge Mark B. Cohen Court of Common Pleas 1st Judicial District Philadelphia County
ORDER CONCERNING OMNIBUS PRETRIAL MOTION
PER CURIAM
AND NOW, this 4th day of April, 2023, the Court of Judicial Discipline ORDERS as follows:
Respondent Judge Mark B. Cohen has moved for summary judgment in this case involving his Facebook posts. Summary judgment is only to be granted in cases where no rational fact finder could find otherwise, and the record is free from doubt. In re Stoltzfus, 29 A.3d 151 (Pa.Ct.Jud.Disc 2011). Summary judgment may not be granted when a relevant mixed question of law and fact remains. Summers v. Certainteed Corp., 997 A.2d 1152, 1161 (Pa. 2010).
In the case of In re Eakin, 150 A.3d 1042 (Pa.Ct.Jud.Disc. 2016),the Court of Judicial Discipline ruled that a judge may be disciplined for speech which violates the ethical rules even though such speech is permissible for other people to engage in. See also generally, Pickering v. Board of Education, 391 U.S. 563 (1968) (government employees speech rights may be limited based on balancing of free speech rights and governmental interest).
Here, whether Judge Cohen's posts violate the ethical requirements is a mixed question of fact and law not amenable to a strictly legal finding at this stage in the process on the limited record currently before us. Accordingly, the Omnibus Pretrial Motion is DENIED.