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Justice argues against suspension

Pennsylvania Supreme Court Justice Michael Eakin speaks with members of the media as he arrived for a hearing Monday at the Northampton County courthouse in Easton to determine whether he should be suspended while a judicial ethics court decides if his e-mail practices warrant discipline.
Eakin: E-mails didn't affect job

EASTON — A judicial ethics court will decide whether to suspend a Pennsylvania Supreme Court justice for his e-mail practices after he took the stand Monday to tearfully apologize, blame news accounts for sensationalizing his case and argue his job performance wasn’t affected.

The five-hour hearing before the three judges in the Court of Judicial Discipline involved only whether Justice Michael Eakin should be placed on interim suspension to await a full hearing on the allegations that he traded e-mails that someone of reasonable sensibilities would consider offensive, bringing the court system into disrepute.

The Judicial Conduct Board, which acts as investigator and prosecutor, filed charges against Eakin, saying he sent or responded to e-mails including photos of nude women, sexually suggestive themes, gender and socio-economic stereotypes, anti-gay content, and violence toward women.

The board also cited video content about busloads of “sluts” crashing in California and jokes about domestic violence and Tiger Woods’ African-American and Asian background to support its allegations that Eakin did not respect the court system’s nondiscrimination policy and that he detracted from the dignity of his office.

On Monday, Eakin choked back sobs as he apologized “for what I have allowed to happen. I suggest I didn’t bring it to the public, where the public trust would be influenced. But I allowed that. For without them, there would be nothing to bring. And in that sense I am truly, truly sorry.”

He said he sent things he never would say in public.

“Perhaps my demeanor is one of the boys,” he said. “But what I sent was to people who were also one of the boys. It was in the locker room. I allowed, I created something that could be released. Shame on me and it won’t happen again.”

Board lawyer Frank Puskas told the court there’s a perception that Eakin “may harbor vices that were previously hidden,” which he said did not pass the smell test. “This doesn’t pass it for the public,” he said. “There is something horribly wrong in the air. And only this court can clear it.”

He emphasized that Eakin’s e-mails, while sent from a private account, were sent to others’ government accounts.

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