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Judicial inquiry cites new revelations

Explicit e-mail under review

HARRISBURG — The Pennsylvania agency that prosecutes allegations of judicial misconduct said Friday new revelations about the role of a sitting state Supreme Court justice in the exchange of explicit or otherwise inappropriate e-mails has prompted it to undertake a second investigation.

The Pennsylvania Judicial Conduct Board apparently did not have “all of the information” about Justice Michael Eakin’s exchange of e-mails with state prosecutors or agents when it investigated him last year, chief counsel Robert Graci said in a statement. The board dismissed that prior complaint, Graci said.

The new investigation began last week after Attorney General Kathleen Kane turned over more than 1,000 of Eakin’s e-mails to the Judicial Conduct Board and other state ethics agencies.

Eakin, 66, said last week he would cooperate with the board’s investigation. He declined to comment Friday through an aide at his suburban Harrisburg office.

Kane, whose office last year revealed a pornographic e-mail scandal that has spurred a wave of resignations or firings of state officials, described some of the e-mails sent to Eakin’s private Yahoo e-mail account as racially offensive and misogynistic pornography.

It was not immediately clear whether some or all of those e-mails were provided to investigators a year ago, but Graci said the batch appeared to include information that is new to his agency.

“Recent revelations, including news accounts of e-mails sent to or from Justice Eakin’s personal e-mail account, demonstrate that the board was not provided with all of the information on the attorney general’s servers relating to that account,” Graci said in the statement.

In an interview, Graci would not say what e-mails appeared to be new or how long the new investigation may take. Once the investigation ends, Graci wrote, the board will decide if there’s probable cause of misconduct.

Kane’s spokesman, Chuck Ardo, said Friday she “was under the distinct impression that all the e-mails had been turned over when requested” last year.

Kane, the first woman and first Democrat elected as the state’s top prosecutor, has tied the pornographic e-mail scandal she uncovered to a pending criminal case against her that involves allegations she leaked secret grand jury material to the Philadelphia Daily News and lied about it. She has portrayed herself as the victim of an old boys’ club determined to stop her from disclosing details about the scandal that involved figures in the state’s legal and law enforcement communities.

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