Joan Orie Melvin

Joan Orie Melvin
Current Court Information:
Pennsylvania Supreme Court
Title:	Former justice
Service:
Active:	1997-5/1/2013
Past position:	Pennsylvania Superior Court
Past term:	1997-2009
Past position:	Judge
Personal History
Party:	Republican
Bachelors:	University of Notre Dame, 1978
Law School:	Duquense Law, 1981

Joan Orie Melvin was a justice of the Pennsylvania Supreme Court. She was elected to the court on November 3, 2009 and took office on January 1, 2010. She was convicted of six counts of corruption on February 21, 2013 and resigned on May 1, 2013.

Corruption charges

For the full story, see: Pennsylvania Supreme Court justice found guilty on six counts of corruption

On May 18, 2012, Justice Orie Melvin was indicted by a grand jury for utilizing her staff at the Superior Court during campaigns for the Supreme Court in 2003 and 2009. In addition, Orie Melvin was accused of also being directly involved in coordinating the staff of her sister, state Senator Jane Orie, for the benefit of Orie Melvin's campaigns. All told, Orie Melvin was charged with nine criminal counts. In late July 2012, Judge James J. Hanley, Jr. reduced the charges to seven out of nine counts.

Justice Orie Melvin insisted that she was innocent and would not resign from the Supreme Court. She also contended that the charges brought against her are politically motivated.

Following the indictment, Orie Melvin was suspended with pay from the Supreme Court. However, in August of 2012, the Court of Judicial Discipline ruled for an unpaid suspension. The court intended to "protect and preserve the integrity of the Unified Judicial System and the administration of justice of the citizens of this Commonwealth" with the suspension. Separately, Orie Melvin sent a letter to Chief Justice Ronald Castille, recusing herself from all judicial matters until the situation was resolved.

On February 13, 2013, Orie Melvin stood before a jury, saying, "I have decided to not take the stand and testify on my behalf." Closing arguments were heard on February 15, 2013. Janine Orie, who worked as an administrative assistant for Orie Melvin, did not testify either.

After four days of deliberations, on February 21, the jury reached a verdict. Orie Melvin was found guilty of the following charges:

• Felony theft of services (three counts)
• Conspiracy to commit theft of services
• Misdemeanor misapplication of government property
• Conspiracy to tamper with evidence

The Associated Press reports that this is only the second time in the history of the Pennsylvania Supreme Court that a sitting justice faced criminal charges.

Sentence

On May 7, 2013, Judge Lester G. Nauhaus, of the Allegheny County Court of Common Pleas, sentenced Orie Melvin. He ordered her to be put on house arrest for three years, followed by two years of probation. She was given three days a week outside of the house to serve at a soup kitchen and she will also be permitted to attend church. The judge also ordered her to send a note of apology, written on a photograph of herself in handcuffs, to every judge in the state (over 500). Apology letters to her staff and family members were also required. In addition, she will have to pay $55,000 in fines and court costs.

Judicial philosophy

Melvin is a self-described strict constructionist. In an article before the 2009 election, she stated, "I believe in judicial restraint. The job of a judge is interpreting the law — not creating it. And never legislating from the bench. That’s why we have three separate, co-equal branches of government. Judges are not supposed to be legislators."

Education

Melvin earned her B.A. in Economics from Notre Dame in 1978 and her J.D. from Duquense Law in 1981.

Career

After graduating from law school, Melvin went into private practice. In 1985, she was appointed a Magistrate Judge on the Pittsburgh Municipal Court. Two years later, she became Chief Magistrate Judge on the court. In 1990, Melvin was appointed to the Allegheny County Court of Common Pleas. In 1997, she was elected to the Pennsylvania Superior Court, where she served until her election to the Pennsylvania Supreme Court in 2009.

Awards and Associations

Awards

• 2005 Women in Government Award, Pennsylvania Business & Professional Women
• 2005 Liberty Bell Award, Berks County Bar Association
• 2004 Anne B. Anstine Excellence in Public Service Award
• A Tribute to Women Leadership Award in Government/Public & Civic Service, YMCA of Greater Pittsburgh
• Woman of the Year, Duquesne University School of Law, Women's Law Association
• Woman of Spirit Award, Carlow College

Associations

• Member, American Judicature Society
• Member, Federal Circuit Bar Association
• Past President, Allegheny County Prison Board
• Board Member, Soldiers & Sailors Military Museum and Memorial
• Board Member, UPMC Passavant
• Board Member, Vincentian Home
• Advisory Board, Allegheny County Mental Health/Mental Retardation
• Stop Violence Task Force, United Way Community Problem Solving Troubled Youth Committee

2009 election

Melvin defeated opponent Jack Panella, winning 53.2% of the vote.

She won the Republican primary on May 19, 2009 with 55% of the vote

Campaign fund-raising

See full fundraising report here.

Allegations of misdeeds in campaign

March 2012

In March 2012, Justice Melvin's sister, Pennsylvania State Senator Jane Orie was convicted of 14 counts of theft of services, conflict of interest and forgery for forcing state employees to provide campaign work for herself and Justice Melvin. Still, Justice Melvin has not been charged with a crime, though several have called on her to step down while the allegations are pending against her sisters.

While Senator Orie awaits sentencing, the prosecution is re-configuring its case against Janine Orie, who is accused of similar charges and served as an aide to Justice Melvin.

April 2010-March 2011

In April 2010, Melvin's sisters, Jane Orie and Janine Orie were accused by an Allegheny County grand jury of using public offices and staff to aid Melvin's 2009 judicial campaign. Jane Orie resigned from her position as Republican whip in the state Senate, although she said that the accusations are politically motivated. Likewise, Janine Orie, an aide to Justice Melvin, took leave from her position.

Though Melvin was not charged with any crime, Janine Orie's attorney, James DePaquale, said that Melvin's conduct will be investigated by an Allegheny County grand jury. In response, Melvin's attorney said, "I am not aware of any grand jury in session."

This trial ended in March 2011, after the judge declared a mistrial.

Judicial pay

Melvin has been outspoken about her disapproval of the Cost of Living Allowance given to state judges. In 2006, she sued the administrative office of the Pennsylvania Unified Judicial System over the fact that her salary went from $145,000 to $162,000 under a July 2005 pay increase for judges, top state officials and lawmakers that lawmakers in Pennsylvania repealed in November of 2005. Because she does not support the pay raise, Melvin said, "We're just going to keep sending the paychecks back until they do the right thing. Our position is, at this point, that it's not our money."

See also

• News: Pennsylvania Supreme Court justice found guilty on six counts of corruption, February 22, 2013
• News: Justice Orie Melvin now suspended without pay, September 6, 2012
• News: Update on Justice Joan Orie Melvin's trial, July 11, 2012

External links

• Pennsylvania Record, "Prosecution seeks jail time for Justice Orie Melvin; defense wants probation", April 17, 2013
• Pennsylvania Unified Judicial System, Honorable Joan Orie Melvin
• Project Vote Smart, Justice Joan Orie Melvin (PA)

References