Court denies petition to reinstate pay for suspended Allegheny County judge

The Pennsylvania Court of Judicial Discipline on Thursday denied a request from an Allegheny County judge charged with misconduct to be paid during the pendency of his suspension.

In a one-sentence order, the petition by Judge Mark V. Tranquilli was denied.

Tranquilli was suspended without pay on Aug. 26, two weeks after the state Judicial Conduct Board referred six charges of misconduct against him to the state Court of Judicial Discipline.

Earlier this month, Tranquilli asked the court to reverse its decision, saying it was made without due process.

Tranquilli, who was elected to the bench in 2013, is accused, among other allegations, of making racist comments referring to a juror following a January trial.

He was placed on administrative leave by Allegheny County’s president judge in February while the Judicial Conduct Board conducted its investigation.

In his petition seeking to have his pay reinstated, Tranquilli argued that the suspension without pay deviates from past practice by the court. He requested a hearing on the matter.

Tranquilli also argued that the suspension without pay caused hardship for him and his children, saying he was the only source of income and health care for them.

In that same petition, Tranquilli apologized for his conduct, saying that he made the comment referring to a head wrap worn by the juror, and that he had been exhausted following several back-to-back trials.

But in a response filed by the Judicial Conduct Board on Sept. 11, it wrote that the totality of the circumstances in the case weighed in favor of his suspension without pay.

The board’s filing recounted the allegations against him, saying that Tranquilli “mocked and harassed” parties before him in a custody conciliation; used a racial epithet against a juror and belittled criminal defendants.

The board argued that, given the allegations, as well as the possible harm they could cause to public confidence in the judiciary, a suspension without pay was appropriate.

“Given the nature of the offenses charged about Judge Tranquilli, the nature of the harm to the judiciary should be readily apparent and self-evident to this court,” the board wrote.

“Judge Tranquilli’s pattern of conduct as delineated in the board complaint can best be described as that of the prototypical bully — he mocked, belittled and flaunted his authority to those subject to it with little regard for the rules that should have contained his conduct or for commonly understood notions of decency and professionalism, and, like other common bullies, when chastened for such activity, he retreated to fanciful excuses and self-victimization as his defense.”

The board’s response also noted that Tranquilli’s health care was not affected by the suspension.