Split decision on motions in misconduct case against Allegheny County Judge Tranquilli

The judge presiding over the upcoming misconduct trial of an Allegheny County judge accused of making racist remarks issued rulings on Thursday adverse to both sides of the case.

Conference Judge John H. Foradora heard argument on various motions on Wednesday in Brookville, Jefferson County. He issued his order in the case Thursday.

Allegheny County Common Pleas Judge Mark V. Tranquilli is accused of six separate counts from his behavior in both family and criminal court — including that he engaged in “racial or other harassment.”

The investigation into Tranquilli’s behavior began following a jury trial in January in which is accused of referring to a Black female juror during a conversation in chambers as “Aunt Jemima.”

The Judicial Conduct Board also brought charges that Tranquilli spoke in Ebonics to a couple during a custody matter before him in 2015.

As part of its case, the Judicial Conduct Board sought to present testimony from Professor Shaun L. Gabbidon, who teaches criminal justice at Penn State Harrisburg. He was going to be called as an expert in the history of racism in the United States, the board attorney told Foradora during argument.

The board obtained a statement from Gabbidon in which he said that “the manner in which Judge Tranquilli is accused of using the term Aunt Jemima and of his speaking in Ebonics would ‘definitely’ be viewed as ‘racist attitudes’ that, in his opinion would ‘manifest itself during court proceedings.’ ”

Gabbidon said in the statement that parties appearing before Tranquilli would likely feel they couldn’t get a fair trial.

Tranquilli’s attorney, Matthew Logue, asked that the board not be permitted to call Gabbidon. Foradora granted that request, writing in his order Thursday that the testimony “is excluded as unnecessary for the court.”

Tranquilli had asked that the court throw out the 2015 family court case because it is so old. Foradora rejected that request.

In another matter discussed in the 90-minute hearing on Wednesday, Logue initially hoped to present as evidence at trial results of a polygraph examination Tranquilli took relative to the accusations against him.

However, attorneys for the Judicial Conduct Board asked that the evidence be prohibited as it is considered to be unreliable.

Tranquilli’s attorneys withdrew that request on Wednesday.

“Even though Judge Tranquilli passed the test with flying colors,” Logue said Thursday, “the law with regard to admissibility is not developed to the point where these types of case can be admitted without consent of the opposing party. In the interest of moving this case forward, we made the decision not to fight that fight.”

Tranquilli is scheduled for trial before a three-judge panel of the Court of Judicial Discipline, including Foradora, on Nov. 18 in Brookville. The case is expected to last two to three days.