Special counsel to the Pennsylvania Supreme Court has recommended against the court's immediate involvement in a review of Justice J. Michael Eakin's conduct in exchanging what have been called offensive emails, and said the court should defer to the Judicial Conduct Board for a further review.

The court retained Del Sole Cavanaugh Stroyd to review emails sent and received by Eakin's personal email account that state Attorney General Kathleen Kane submitted to the court in September and October.

According to the report, counsel reviewed 955 emails that were submitted—157 of which were sent by Eakin. The report said Eakin had sent an email that contained a photo of a topless woman, and also forwarded emails with “offensive” “purported jokes and banter,” including one that involved a joke about spousal abuse.