MDJ Sent to Diversion Program for Allegedly Abusing Power, Showing Bias
The state Court of Judicial Discipline has ordered that Washington County Magisterial District Judge Mark A. Wilson attend a judicial diversion program after being charged with allegedly showing bias in a private criminal case and hiking bail in several cases.
March 20, 2018 at 03:40 PM
3 minute read
The state Court of Judicial Discipline has ordered that Washington County Magisterial District Judge Mark A. Wilson attend a judicial diversion program after being charged with allegedly showing bias in a private criminal case and hiking bail in several cases.
Wilson appears to be only the second judge ever admitted to the program, which was established in 2015. The first was Erie County Court of Common Pleas Judge Stephanie Domitrovich, who was accused by the state Judicial Conduct Board of engaging in ex parte communications, as well as “unpleasant treatment of those appearing before her,” members of her staff and county employees.
Wilson was accused by the JCB of favoring a couple who was owed a debt by Robert Kepics, mayor of Monongahela, whom Wilson sent to jail. Additionally, Wilson was charged with setting bail at extreme levels in theft cases.
Wilson continues to maintain his innocence but, in an omnibus pretrial motion filed last April, sought admission to the diversion program because the JCB's complaint against him “does not contain allegations of criminal charges, corruption, or other conduct where the presumptive sanction is suspension or removal.”
The diversion program involves mentoring from another judge, Magisterial District Judge Jay Weller. According to the order, Weller is to help increase Wilson's understanding of court rules, show him how to conduct himself in a way that promotes confidence in the judiciary, and teach better communication strategies—since Wilson was also accused of subjecting a constable to a profanity-laden tirade.
Wilson is the latest in a long list of Pennsylvania magisterial district judges finding themselves in ethical trouble. An investigation last year by The Legal revealed that MDJs are the most susceptible to ethics charges in the entire state judiciary.
“Judge Wilson is grateful to be admitted into the Judicial Diversion Program. He is looking forward to working with his appointed mentor Judge Jay Weller in order to finally put this matter behind him,” said Wilson's lawyer, Christopher Carusone of Cohen Seglias Pallas Greenhall & Furman in Harrisburg.
According to the March 16 order, Wilson will meet with Weller once a month from March to August. The sessions can be in-person or over the phone and may involve the president judge of the Washington County Court of Common Pleas as needed.
“Judge Wilson is to use his best efforts to attend continuing education programs, read and study written materials, engage in good faith discussion about the issues presented, and to resolve those issues with the guidance of a mentor,” the order said.
Weller is tasked with observing Wilson in the district court while he conducts arraignments, bail hearings and other proceedings.
“Judge Wilson shall take notes to reflect the basis for his decisions during arraignments, bail hearings, and any other proceedings that the mentor deems necessary to the accomplishment of the stated goals of this diversion program,” the order said, while also noting that Weller must conduct reviews and discuss Wilson's judicial decisions, particularly as they relate to setting bail.
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