Allegheny County judge's resignation sends message against systemic racism, experts say

The resignation of an Allegheny County judge on the eve of his misconduct trial for making racist comments should signal to other jurists and the community that the system is changing, experts say.

“This will send a message to other judges that the system as a whole will get to the point that we won’t tolerate this at any level,” said University of Pittsburgh law professor David Harris. “I think it shows we’re going to face it — things said, attitudes held are simply not acceptable.”

Mark V. Tranquilli, who won a seat on the Common Pleas Court bench in 2013, on Tuesday submitted a letter of resignation to Gov. Tom Wolf. His misconduct trial was scheduled to begin before a three-judge panel of the Court of Judicial Discipline on Wednesday in Brookville, Jefferson County, where the presiding judge sits.

Tranquilli still faces potential sanctions, but given his resignation prior to the start of trial, it is unlikely his pension will be in jeopardy.

“It has been an honor to serve the citizens of our Commonwealth for the past seven years as a judge of the Court of Common Pleas of Allegheny County,” Tranquilli wrote. “My decision to resign is unequivocal, and I will not seek nor will I accept any judicial office or senior judge status in the future.”

The letter was copied to state Supreme Court Chief Justice Thomas Saylor and Allegheny County President Judge Kim Berkeley Clark, as well as attorneys with the Judicial Conduct Board.

In a filing with the Court of Judicial Discipline, Tranquilli stipulated to the facts alleged against him by the Judicial Conduct Board, waiving both his trial and a sanctions hearing.

Judge John H. Foradora said during a brief hearing Wednesday — which Tranquilli did not attend — that a formal order completely resolving matters is expected within days.

The board accused Tranquilli, while in a discussion in chambers, of referring to a Black female juror as “Aunt Jemima” following a trial in January.

But the board’s investigation also revealed accusations that in 2015 Tranquilli spoke in Ebonics to a Black couple appearing before him in a custody matter, and that he spoke to defendants before him inappropriately.

In one instance, he said to a woman during a sentencing hearing for the father of her children, “Are you familiar with the phrase, if you lay down with dogs, you wake up with fleas? … So now you have laid down twice with dogs, but you have woken up with two lovely children, probably two lovely children I’m betting you were probably not planning. And for the cost of three shiny quarters in any bathroom in any rest stop in Pennsylvania, you probably could have gone a different direction.”

To another defendant, Tranquilli told the man that if he violated his probation, he would “cast [him] down among the Sodomites … in state prison.”

Tranquilli said in an apology letter sent to his colleagues after the charges were filed against him that when he used the term “Aunt Jemima,” he was referring to a head wrap the woman was wearing. He also cited back-to-back trials for several weeks that left him physically and mentally exhausted.

Tranquilli was placed on administrative leave shortly after the allegations were made. He was suspended without pay by the Court of Judicial Discipline in August shortly after the misconduct charges were filed.

Prior to taking the bench, Tranquilli enjoyed a long career in the Allegheny County District Attorney’s Office, where he spent the bulk of his time prosecuting homicides. Among his notable prosecutions were Richard Poplawski, convicted of killing three Pittsburgh police officers in April 2009, and Leslie Mollett, convicted of killing Pennsylvania State Police Cpl. Joseph Pokorny in 2005.

At the time time he ran for judge in 2013, Tranquilli was the deputy DA in charge of the homicide unit.

After winning a seat on the bench, Tranquilli went to work in the family division of the court. He moved to criminal court in January 2018.

Defense attorney Joe Otte, who, along with Assistant District Attorney Ted Dutkowski, filed the initial complaint against Tranquilli, said Wednesday that he was prepared to testify.

“Both Ted and I were in that room and remember what was said and how was it said,” Otte said. “I don’t think there were any real disputes about the facts.”

Otte said both he and Dutkowski were equally appalled by Tranquilli’s comments.

“Everyone involved acted with a sense of duty that the public deserves a functioning and legitimate judiciary and the only way to maintain such a judiciary is to enforce the code of judicial conduct,” Otte said.

Harris praised Dutkowski and Otte for filing the complaint.

“We owe them thanks for exposing this and for showing other judges this kind of thing isn’t acceptable,” Harris said. “They did this at considerable risk to their own careers.”

Defense attorney William Difenderfer, who was openly critical of Tranquilli’s demeanor and temperament on the bench, said Tranquilli did the smart thing in resigning. But Difenderfer also that he should have done it a long time ago.

“As I saw it, there was no way for him to come back, especially in this climate,” he said.

Five or 10 years ago, Harris said, it’s possible that what Tranquilli said would not have led to the same outcome.

But this past year, in particular, has seen the rise of the Black Lives Matter movement and a more widely recognized need to address systemic racism.

Harris called the resignation a good outcome.

“What was revealed that he said and felt comfortable saying both on the bench and in chambers, he is frankly not someone we want passing judgment on the people in our county,” Harris said. “I think people will see this as a statement that the bench should be reserved for people of judicial temperament.”