Joan Orie Melvin

Joan Orie Melvin

Republican Party

Prior offices

Pennsylvania Supreme Court

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Education

Bachelor's

University of Notre Dame, 1978

Law

Duquesne University School of Law, 1981

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Joan Orie Melvin was a justice of the Pennsylvania Supreme Court. She was elected to the court on November 3, 2009 and took office on January 1, 2010. She was convicted of six counts of corruption on February 21, 2013, and resigned on May 1, 2013.

Education

Melvin earned her B.A. in economics from the University of Notre Dame in 1978, and her J.D. from Duquesne University, School of Law in 1981.

Career

• 2010-2013: Judge, Pennsylvania Supreme Court
• 1997-2010: Judge, Pennsylvania Superior Court
• 1990-1997: Judge, Allegheny County Court of Common Pleas
• 1988-1990: Chief magistrate judge, City of Pittsburgh, Municipal Court
• 1985-1988: Magistrate judge, City of Pittsburgh, Municipal Court
• 1981-1985: Attorney in private practice

Awards and associations

Awards

• 2005: Women in Government Award, Pennsylvania Business & Professional Women
• 2005: Liberty Bell Award, Berks County Bar Association
• 2004: Anne B. Anstine Excellence in Public Service Award
• A Tribute to Women Leadership Award in Government/Public & Civic Service, YMCA of Greater Pittsburgh
• Woman of the Year, Women's Law Association, Duquesne University School of Law
• Woman of Spirit Award, Carlow College

Associations

• Member, American Judicature Society
• Member, Federal Circuit Bar Association
• Past president, Allegheny County Prison Board
• Member, Soldiers & Sailors Military Museum and Memorial Board
• Member, UPMC Passavant Board
• Member, Vincentian Home Board
• Member, Allegheny County Mental Health/Mental Retardation Advisory Board
• Member, Stop Violence Task Force, Troubled Youth Committee, United Way Community Problem Solving Board

Noteworthy events

Orie Melvin indicted by grand jury (2012)

For the full story, see: Pennsylvania Supreme Court justice found guilty on six counts of corruption

On May 18, 2012, Justice Orie Melvin was indicted by a grand jury for allegedly utilizing her staff at the superior court during campaigns for the state supreme court in 2003 and 2009. In addition, Orie Melvin was accused of being directly involved in using the campaign staff of her sister, state Senator Jane Orie, to the benefit of her own campaigns. Orie Melvin was charged with nine criminal counts. In late July 2012, Judge James J. Hanley, Jr. reduced the charges to seven.

Orie Melvin insisted she was innocent and would not resign from the supreme court. She contended the charges against her were politically motivated.

Supreme Court suspends judge

Following the indictment, Orie Melvin was suspended with pay from the supreme court. However, in August of 2012, the Court of Judicial Discipline ruled her suspension should be unpaid. In its one-page order, the court wrote that it intended to "protect and preserve the integrity of the Unified Judicial System and the administration of justice of the citizens of this Commonwealth" with the suspension. Separately, Orie Melvin sent a letter to Chief Justice Ronald Castille, recusing herself from all judicial matters until the situation was resolved.

Orie Melvin found guilty (2013)

On February 13, 2013, Orie Melvin stood before a jury and stated, "I have decided to not take the stand and testify on my behalf." Closing arguments were heard on February 15, 2013. Her sister Janine Orie, who worked as an administrative assistant for Orie Melvin, also did not testify.

After four days of deliberations, on February 21, the jury reached a verdict. Orie Melvin was found guilty of the following charges:

• Felony theft of services (three counts)
• Conspiracy to commit theft of services
• Misdemeanor misapplication of government property
• Conspiracy to tamper with evidence

The Associated Press reported that this was only the second time in the history of the Pennsylvania Supreme Court that a sitting justice had faced criminal charges.

Orie Melvin sentenced

On May 7, 2013, Judge Lester G. Nauhaus, of the Allegheny County Court of Common Pleas, sentenced Orie Melvin. She was ordered to be placed on house arrest for three years and then serve two years of probation. She was allowed to leave the house three days a week to serve at a soup kitchen and attend church. The judge also ordered her to send a note of apology, written on a photograph of herself in handcuffs, to every judge in the state (over 500). Apology letters to her staff and family members were also required. In addition, she was ordered to pay $55,000 in fines and court costs.

Sentence suspended pending appeal

In October of 2013, Orie Melvin asked Judge Nauhaus to change her sentence. She claimed being forced to write letters of apology violated her right to avoid self-incrimination. In response, Nauhaus attempted to schedule a probation violation hearing, but was blocked from doing so after the Pennsylvania Superior Court instituted an emergency stay of the proceedings.

On November 6, 2013, the Pennsylvania Superior Court stayed the portion of Orie Melvin's sentence which ordered the written apologies. The court agreed with the defense claim that requiring the apologies violated Orie Melvin's right to avoid self-incrimination. "While the requirement that she write apology letters does not involve potentially incriminating testimony in a courtroom, it nevertheless creates evidence that could possibly be used against her in a later criminal proceeding," said Judge Christine Donohue.

Soon after the apology portion of her sentence was stayed pending an appeal, Judge Lester G. Nauhaus ordered her entire sentence to be suspended. "She's not serving my sentence! And the problem I have with that is she's banking credit for time served and I will not allow it," said Nauhaus.

Appeal of public corruption conviction

Melvin appealed her conviction in a brief filed on December 10, 2013. The appeal offered 15 arguments as to why Orie Melvin's conviction should be vacated. Her attorneys argued that she did not receive a fair trial because Judge Lester G. Nauhaus held bias against her, which he showed in the courtroom throughout the trial.

As part of her sentence, Nauhaus ordered Melvin to pose for a photo, in which she was wearing handcuffs, following her sentencing hearing. She was required to send the photo, along with an apology to Pennsylvania's 500 judges. The appeal sets forth additional challenges to this portion of her sentence. Her attorneys claim the apology portion of her sentence was illegally imposed and requires her to unconstitutionally incriminate herself.

Federal appeal on Fifth Amendment grounds

In September 2015, Melvin filed an appeal in federal court on the grounds that the district attorney who prosecuted her case violated her right to due process and that her Fifth Amendment protection against self-incrimination was violated when Judge Nauhaus compelled her to write an apology as a part of her sentence. The 88-page appeal argued that she violated a non-criminal work regulation established by the Supreme Court that bars court-appointed staff members from engaging in political activity and that by prosecuting her for these violations, the district attorney violated federal law by criminalizing the work-rule violation. Her appeal asked that the federal judge throw out her conviction on these grounds.

On April 7, 2016, U.S. Magistrate Judge Robert Mitchell recommended to the judge presiding over the case, U.S. District Court Judge Mark Hornak, that the appeal be rejected.

Approach to the law

Melvin is a self-described strict constructionist. In an article before the 2009 election, she stated, "I believe in judicial restraint. The job of a judge is interpreting the law — not creating it. And never legislating from the bench. That’s why we have three separate, co-equal branches of government. Judges are not supposed to be legislators."

2009 election

Melvin defeated opponent Jack Panella, winning 53.1% of the vote.

Candidate	Incumbent	Election %
Joan Orie Melvin A	No	53.1%
Jack Panella	No	46.8%

Campaign fund-raising

See full fundraising report here.

Allegations of misdeeds in campaign

March 2012

In March 2012, one of Orie Melvin's sisters, Pennsylvania State Senator Jane Orie, was convicted of 14 counts of theft of services, conflict of interest and forgery for forcing state employees to perform campaign work for herself and Orie Melvin.

While Senator Orie awaited sentencing, the prosecution was reconsidering how to pursue their case against a third sister, Janine Orie, who was accused of similar charges and also served as an aide to Orie Melvin.

April 2010-March 2011

In April 2010, two of Orie Melvin's sisters, Jane Orie and Janine Orie, were accused by an Allegheny County grand jury of using public offices and staff to aid Orie Melvin's 2009 judicial campaign. Jane Orie resigned from her position as Republican whip in the state Senate, although she said the accusations were politically motivated. Likewise, Janine Orie, an aide to Orie Melvin, took leave from her position.

At the time, Janine Orie's attorney, James DePaquale, indicated Orie Melvin's conduct was going to be investigated by an Allegheny County grand jury. Orie Melvin's attorney responded and said, "I am not aware of any grand jury in session."

This trial ended in March 2011, after the judge declared a mistrial.

Judicial pay

Orie Melvin was outspoken about her disapproval of a cost of living allowance given to state judges. In 2006, she sued the administrative office of the Pennsylvania Unified Judicial System because her salary increased from $145,000 to $162,000 under a July 2005 pay increase for judges, top state officials and lawmakers. The pay raise was repealed by lawmakers in November of 2005. Since she did not support the pay raise, Orie Melvin said, "We're just going to keep sending the paychecks back until they do the right thing. Our position is, at this point, that it's not our money."

Political ideology

See also: Political ideology of State Supreme Court Justices

In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan ideology of state supreme court justices. They created a scoring system in which a score above 0 indicated a more conservative-leaning ideology, while scores below 0 were more liberal.

Melvin received a campaign finance score of 0.36, indicating a conservative ideological leaning. This was more conservative than the average score of -0.02 that justices received in Pennsylvania.

The study was based on data from campaign contributions by the judges themselves, the partisan leaning of those who contributed to the judges' campaigns, or, in the absence of elections, the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice, but an academic summary of various relevant factors.

See also

• News: Pennsylvania Supreme Court justice found guilty on six counts of corruption, February 22, 2013
• Pennsylvania Record, "Prosecution seeks jail time for Justice Orie Melvin; defense wants probation," April 17, 2013
• News: Justice Orie Melvin now suspended without pay, September 6, 2012
• News: Update on Justice Joan Orie Melvin's trial, July 11, 2012

External links

• Pennsylvania Record, "Prosecution seeks jail time for Justice Orie Melvin; defense wants probation," April 17, 2013
• Pennsylvania Unified Judicial System, Honorable Joan Orie Melvin
• Project Vote Smart, Justice Joan Orie Melvin (PA)