On Wednesday, June 7, 2023, the Judicial Conduct Board of Pennsylvania filed its pre-trial memorandum before the Court of Judicial Discipline. This action was in response to a May 23, 2023, order from the Court, and pertaining to the impending pre-trial conference scheduled for July 13, 2023, by conference call. The disciplinary matter under consideration involves Court of Common Pleas Judge Mark B. Cohen of the 1st Judicial District in Philadelphia County.

The case is styled “In Re: Judge Mark B. Cohen,” with case no. 1 JD 2023.

The Judicial Conduct Board officially charged Cohen with authoring and sharing inappropriate posts on his personal Facebook page. The content on Judge Cohen’s Facebook page essentially consisted of the following:  (1) his sympathetic, supportive, or positive views of political figures, living and dead, of the Democratic Party and, generally, of the political “left”; (2) his support for legislation instituted and embraced by the Democratic Party and, generally, the political “left”; (3) his support for policy initiatives or issues embraced by the Democratic Party and, generally, the political “left”; (4) his criticism of political figures of the Republican Party and the political “right”; and (5) his criticism of policy initiatives and legislation instituted and embraced by the Republican Party or the political “right”.

The pre-trial memorandum of the Judicial Conduct Board lists the witnesses who are expected to testify at trial, and the subject of the testimony of each; a list of all exhibits they intended to be introduced at trial; the list of stipulations to which opposing counsel can reasonably be expected to agree, including stipulations as to the admissibility or authenticity of exhibits.

The Board’s memorandum also contains a certification that Cohen has been furnished with all non-privileged evidence relevant to the charges contained in the Complaint, and a certification that Cohen has not been provided with any exculpatory evidence.

Judge Mark B. Cohen earned his law degree from the Widener School of Law in 1993. He is a judge for the Philadelphia County Court of Common Pleas. His courtroom is located at 400 John F Kennedy Blvd, Philadelphia, PA 19107, and can be reached at +1 215-686-7000. Cohen’s info can be found on ballotpedia.org.

A copy of the original filing can be found here.