In re Younge

IN RE: Lyris F. Younge Court of Common Pleas First Judicial District Philadelphia County

2 JD 2019

COMMONWEALTH OF PENNSYLVANIA COURT OF JUDICIAL DISCIPLINE

September 17, 2020

JUDICIAL CONDUCT BOARD'S BRIEF IN SUPPORT OF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

I. Procedural History

On August 20, 2019, Board counsel filed the Board Complaint and a Petition for Relief for Interim Suspension With or Without Pay against Judge Lyris F. Younge. On September 20, 2019, Judge Younge filed an Answer. On September 12, 2019, this Court presided over a Suspension Hearing. Following the filing of Briefs, on October 2, 2019, this Court issued an Order, denying the Petition for Interim Suspension. On January 10, 2020, the Board filed a Petition for Relief to File Amended Board Complaint. Trial was scheduled to commence on February 19, 2020.

On February 18, 2020, this Court granted the Board's Petition for Relief to File Amended Board Complaint. On that same day, Judge Younge filed an Answer to the Amended Board Complaint, admitting to all of the factual averments set forth in Paragraph Nos. 1-270, subject to limited joint stipulations of the parties. By Order dated February 18, 2020, this Court cancelled the trial. The parties have filed Joint Stipulations of Fact Pursuant to Court of Judicial Discipline Rule of Procedure No. 502 (D)(2). Those Joint Stipulations are incorporated within the Findings of Fact and Discussion sections of the Board's Brief.

II. Findings of Fact

1. Article V, § 18 of the Constitution of the Commonwealth of Pennsylvania grants to the Board the authority to determine whether there is probable cause to file formal charges against a judicial officer in this Court, and thereafter, to prosecute the case in support of such charges in this Court.

2. Prior to her election to the bench, then Attorney Younge had significant experience with Child Dependency matters.

3. Between 2003 and 2013, then Attorney Younge worked as a Deputy City Solicitor, assigned to the Child Welfare Unit. Subsequently, she served for 18 months on the Executive Team of the Philadelphia Department of Human Services (DHS).

4. From January 4, 2016 through the present time, Judge Younge has served as a judge of the Court of Common Pleas of the First Judicial District.

5. From January 4, 2016 through July 1, 2018, Judge Younge was assigned to the Family Division of the Court of Common Pleas.

6. On or about May 10, 2018, Family Division Administrative Judge Margaret Murphy and Supervising Judge Walter J. Olszewski assigned Judge Younge to "Chambers Weeks," providing her an opportunity to write overdue 1925(a)(2)(ii) Opinions for Children's Fast Track Appeals and reduce the backlog in her chambers.

7. By Order dated June 11, 2018, President Judge Sheila Woods-Skipper reassigned Judge Younge from the Family Division to the Statutory Appeals Section of the Civil Division, effective July 2, 2018. (Board Exhibit 1)

8. Based on six Confidential Requests for Investigation at Judicial Conduct Board File Nos. 2018-090, 2018-144, 2018-323, 2018-362, 2018-422 and 2018-459, the Board investigated the instant matters.

9. As a result of its investigation, and pursuant to Article V, § 18(a)(7) of the Constitution of the Commonwealth of Pennsylvania, the Board determined that there was probable cause to file formal charges against Judge Younge in this Court.

A. Inordinate Delay

10. In March 2009, the Pennsylvania Supreme Court amended the Pennsylvania Rules of Appellate Procedure to incorporate an expedited approach, termed "Children's Fast Track Appeals," in cases involving Children's Dependency and Termination of Parental Rights (TPR) proceedings.

11. On appeal from an Order in a Children's Dependency or Termination of Parental Rights proceeding, an appellant must file a Notice of Appeal with the clerk of the trial court within 30 days of the Order, which is the subject of the appeal. Pa.R.A.P. Nos. 902 & 903(a).

12. The appellant is required to file a Concise Statement of Errors Complained of on Appeal at the same time as the filing of the Notice of Appeal. Pa.R.A.P. No. 1925(a)(2)(i).

13. In a Children's Fast Track Appeal, the judge who entered the Order, which is subject to appeal, is required to submit a 1925(a)(2)(ii) Opinion within 30 days of receipt of the Notice of Appeal and the Concise Statement of Errors Complained of on Appeal. Pa.R.A.P. No. 1925(a)(2)(ii).

14. In a Children's Fast Track Appeal, the trial court must submit the trial record to the appellate court within 30 days after the filing of the Notice of Appeal. It is the responsibility of the trial court judge to cause the court reporter to transcribe the notes of testimony and to make certain that the court clerk has everythingnecessary to transmit the entire record to the appellate court. Pa.R.A.P. No. 1931(a)(2) & (b).

15. Between June 24, 2016 and May 17, 2018, Judge Younge repeatedly failed to timely file 1925(a)(2)(ii) Opinions in Children's Fast Track Appeals.

16. The delay in submitting 1925(a)(2)(ii) Opinions in Children's Fast Track Appeals prevented the trial court Prothonotary from timely sending the trial court records to the Superior Court, thereby preventing the cases from timely proceeding on appeal.

17. On June 24, 2016, Judge Younge's then law clerk, India Campbell, Esquire, initiated email communication with the Superior Court Case Flow Manager on behalf of Judge Younge, requesting an extension of time to file overdue 1925(a)(2)(ii) Opinions in Children's Fast Track Appeals in six cases.

18. On July 1, 2016, Attorney Campbell resigned from her position as law clerk to Judge Younge.

19. Judge Younge hired Lynne Summers, Esquire, to serve as her law clerk, with a start date of July 11, 2016.

20. On July 7, 2016, Judge Younge communicated directly with the Superior Court Case Flow Manager by telephone, requesting an extension of time to file overdue 1925(a)(2)(ii) Opinions in eight Children's Fast Track Appeal cases.

21. On July 8, 2016, Judge Younge communicated by email with the Superior Court Case Flow Manager about her request for an extension of time to file the eight 1925(a)(2)(ii) Opinions.

22. Between July 20, 2016 and May 17, 2018, the Superior Court notified Judge Younge's chambers about the growing backlog of overdue 1925(a)(2)(ii) Opinions, via a series of eleven emails directed to Law Clerk Summers.

23. Each of the eleven emails from the Superior Court to Law Clerk Summers contained a list of the Children's Fast Track Appeals cases, in which Judge Younge's 1925(a)(2)(ii) Opinions were overdue.

24. Judge Younge's backlog of cases with overdue 1925(a)(2)(ii) Opinions increased over time from a low of six overdue Opinions in June 2016, to a high of 41 overdue Opinions in February 201[8].

25. The following chart illustrates the June 24, 2016 through May 17, 2018 pattern of inordinate delay by Judge Younge in filing 1925(a)(2)(ii) Opinions in Children's Fast Track Appeals:

Notice re: Overdue 1925(a)(2)(ii) Opinions in Children's Fast Track Appeals

Date

Overdue Opinions

From

Subject

June 24, 2016

6

J. Younge

Request Extension Time

July 8, 2016

8

J. Younge

Request Extension Time

July 20, 2016

16

Super. Ct.

Delinquent Records List

December 28, 2016

14

Super. Ct.

Overdue Opinions

February 16, 2017

14

Super. Ct.

Delinquent Records

June 5, 2017

24

Super. Ct.

Delinquent List

August 2, 2017

6

Super. Ct.

Overdue Opinions

November 30, 2017

23

Super. Ct.

The List

December 18, 2017

31

Super. Ct.

J. Younge's List

January 30, 2018

37

Super. Ct.

The List

Date

Overdue Opinions

From

Subject

February 9, 2018

41

Super. Ct.

Request Estimated Dates

of Completion

March 27, 2018

34

Super. Ct.

Overdue Opinions

May 17, 2018

21

Super. Ct.

Delinquent List

26. The ongoing pattern of inordinate delay in filing 1925(a)(2)(ii) Opinions in Children's Fast Track Appeals formed the basis for Administrative Judge Murphy and Supervisory Judge Olszewski to reassign Judge Younge from her Family Court courtroom to "Chambers Weeks," effective May 10, 2018.

27. In the Children's Fast Track Appeal, In the Interest of A.W., Jr., S.W., J.W. and M.W.: Minor Children, Docket No. 328 EDA 2017, Judge Younge filed the 1925(a)(2)(ii) Opinion 261 days late.

a. On December 14, 2016, Judge Younge presided over a Permanency Review Hearing and entered an Order directing DHS to fully vaccinate and immunize Parents' four sons A.W., Jr., S.W., J.W. and M.W.;

b. On January 13, 2017, Parents timely filed a Notice of Appeal to the Superior Court and a Concise Statement of Errors Complained of on Appeal;

c. The 1925(a)(2)(ii) Opinion was due on February 12, 2017;

d. On November 1, 2017, Judge Younge untimely filed the 1925(a)(2)(ii) Opinion;

e. On April 12, 2018, the Superior Court filed its Memorandum and Order, affirming the December 14, 2016 Order; and

f. On May 4, 2018, the Superior Court withdrew the Memorandum and reissued its ruling in a published Opinion and Order.

28. In the Children's Fast Track Appeal, In the Interest of S.S., A Minor, Docket No. 3002 EDA 2016, Judge Younge filed the 1925(a)(2)(ii) Opinion 197 days late.

a. On September 1, 2016, Judge Younge presided over an Adjudicatory Hearing and entered an Order, adjudicating S.S. dependent and ordering that he be removed from his home and placed in residential foster care; (Board Exhibit 2(A), Transcript)

b. On September 26, 2016, Attorney Aaron Mixon timely filed a Notice of Appeal to the Superior Court and a Concise Statement of Errors Complained of on Appeal. Docket No. 3002 EDA 2016; (Board Exhibit 2(B), Superior Court Docket)

c. The 1925(a)(2)(ii) Opinion in the Children's Fast Track Appeal was due on October 26, 2016;

d. On November 28, 2016, the Superior Court remanded the appeal back to the trial court, but retained jurisdiction, because Attorney Mixon had not yet submitted a completed Docketing Statement Form;

e. On November 29, 2016, Attorney Mixon filed the Docketing Statement Form;

f. On January

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