On Tuesday, July 23, 2024, KYW Newsradio reported that Montgomery County Family Court Judge Kelly Wall is being investigated by the Judicial Conduct Board of Pennsylvania following allegations of judicial misconduct.

According to the report, lawyer Richard Ducote filed a complaint against Judge Wall accusing her of having improper private conversations, known as ex parte communications, with at least two witnesses involved in a family court case before her. Ducote stated that Judge Wall and the witnesses acknowledged the conversations took place in court. Ex parte communications undermine the court’s credibility and raise questions about a judge’s impartiality, according to law professor Claire Finkelstein of the University of Pennsylvania.

In addition to allegations of ex parte communications, Ducote also accused Judge Wall of retaliating against him after he informed her that he had a professional duty to report any judicial misconduct and seek her removal from the bench. Specifically, Ducote said that Judge Wall had sheriff’s deputies handcuff him and transport him to jail where he was detained for an hour before being released, without being given a hearing. Legal experts said it was improper to hold a lawyer in criminal contempt in a civil case without due process.

Professor Finkelstein called Judge Wall’s reported actions “profoundly problematic” and said the appearance of bias was so strong that it would not be possible for the judge to continue on the case. If the Judicial Conduct Board finds evidence of misconduct after their confidential investigation, formal charges would be filed in the Court of Judicial Discipline, where the case would become public. Penalties for sustained charges can range from a reprimand to removal from office.

The report also drew comparisons to a previous case where Philadelphia Judge Lyris Younge was disciplined and barred from serving on family court for six months due to improperly handcuffing and incarcerating parents and failing to remain impartial.

Ducote, an attorney involved in drafting federal domestic violence legislation, stated his belief that Judge Wall’s actions appeared intended to intimidate him into leaving the case, and in his 46-year career he had never witnessed a judge with less understanding of constitutional law and legal procedures.

 

 

Source: KYW Newsradio