On Wednesday, July 2, 2025, Common Pleas Judge Scott DiClaudio filed an omnibus motion with the Pennsylvania Court of Judicial Discipline in response to a complaint lodged by the Judicial Conduct Board (JCB). The motion addresses multiple procedural and substantive issues in the case, which centers on allegations that DiClaudio misused his judicial position to promote his wife’s restaurant, Shay’s Steaks.
DiClaudio’s motion requests comprehensive discovery from the JCB, citing Rule 401, which mandates discovery completion within 60 days of the complaint’s service, around May 1, 2025. The judge argues that discovery should have been finalized by July 1, 2025, and seeks additional information, including details about the complaint’s initiation by JCB Chief Counsel Melissa Norton. DiClaudio alleges that the JCB may have violated its own rules by starting the investigation without a formal complaint, unless initiated by the Supreme Court or the State Court Administrator.
The motion questions the validity of the complaint, describing its allegations as speculative, particularly a claim that DiClaudio discussed his judicial role with a reporter who referenced his court crier addressing him as “Whiz Honor” in a lighthearted article. DiClaudio asserts this phrase was a reporter’s joke and insufficient to warrant investigation. He further notes that an undercover investigator, sent by the JCB to Shay’s Steaks, found no evidence of impropriety, supporting his position that the case lacks merit.
DiClaudio requests in-camera review of 200 dismissed JCB complaints to compare with his case, arguing the initial complaint lacked substance. He also seeks details on other JCB undercover investigations. Additionally, the motion asks for an extension to respond to the complaint, citing DiClaudio’s heavy docket as a Common Pleas judge handling serious cases.
The motion challenges the JCB’s allegations of violations under Canon 1, Rules 1.2 and 1.3, which address promoting public confidence in the judiciary and avoiding abuse of judicial prestige. DiClaudio requests a bill of particulars to clarify which specific actions allegedly violated these canons, including whether he failed to uphold judicial independence, integrity, impartiality, or avoid impropriety. He also seeks to preclude hearsay evidence, such as Google and Yelp reviews, arguing they are unverifiable and inadmissible.
DiClaudio requests permission to present video testimony or affidavits from high-profile patrons of Shay’s Steaks, including celebrities like Adam Richman and Saquon Barkley, who could testify that they were unaware of DiClaudio’s judicial role and that he did not use his position to promote the restaurant. The motion notes the restaurant’s significant online presence, negating the need to use a podcast with minimal viewership for promotion.
Finally, DiClaudio seeks to dismiss the charges, arguing the JCB lacks clear and convincing evidence, as required by the Pennsylvania Constitution. He also requests to join a related Supreme Court case questioning the JCB’s investigative methods and asserts he sought ethical guidance before supporting his wife’s business, denying any intent to misuse his judicial role.
A copy of the original filing can be found here.
