QlANBERS OF Judge Mark V.

Tranquiij,i
Court of Common Pleas
.\li ,ec; rien yCounia

PllTSBURGII, PENNSYI.VANIA 15219

Dear Colleague:

By now you have probably learned that the Judicial Conduct Board filed a
complaint with the Court of Judicial Discipline regarding my language and conduct.
While the investigation was pending, Iwas unable to comment; now that apubhc
complaint has been filed, Iwanted to make the first of many apologies.

Isincerely apologize for my irresponsible words and the pain caused to our
community and courts. The current review of the complaint is completely appropriate
in the interests of transparency and accountabihty. It is my hope that this process will
allow me to pubHcly accept the responsibility Ihave privately felt and to eventually
regain your trust.

By way of explanation and not of excuse, allow me to describe the events that
resulted in the investigation and complaint. Late in the day on Friday, January 24, at the
conclusion of acase in which 1presided as the trial judge and after ajury returned its
appropriate verdict, Iinvited the prosecutor and defense lawyer into chambers to
provide feedback. During this discussion, Ishared observations the jurors had provided
to me and the conversation with the lawyers quickly mrned to jury selection.

Specifically, we discussed why the lawyers had selected certain jurors for the
case, based upon the behaviors observed during the trial and comments the jurors
shared afterwards. One of the four jurors was aBlack female who was seated in the jury
box next to asecond Black female of similar age. When the prosecutor asked which
juror Iwas inquiring about during this discussion, Iquickly indicated the one “with the
Aunt Jemima” on her head. Ifocused on an article of clothing that we could all see to
distinguish between the two adjacent jurors.

At the time, Icould not recall the word “kerchief” to describe what she was
wearing in her hah and did not then know her juror number. While Idid not, at any
time, refer to the juror as “Aunt Jemima,” afact corroborated by apolygraph
examination Ipassed during the investigation, the use of that term was nonetheless
wrong.

The discussion with the lawyers continued and Isuggested our adversarial
system of criminal justice only works when both lawyers vigorously represent their
sides. Iencouraged the lawyers to vigHandy attend to jury selection in the future.
 During this discussion, Iobserved that one juror appeared to be glaring at the
prosecutor during his closing. In an insensitive attempt to make apossible explanation
for this perceived hostility, Isaid that you would think the juror “had abrother or baby-
daddy at home, dealing drugs.”

In retrospect, my words were pejorative and offensive in any context. I

should have known better. Ishould have done better. Iam truly sorry Isaid them and
for the harm my words caused.

Upon reflection, Ihave repeatedly returned to the question posed in a

newspaper editorial: “If all this is true, one has to ask: Is this adecent man who had a
bad day or aman who should not be on the bench?”

In 2019, Ipresided over twenty-six jury trials, most of which were Sex Offender
Court cases -aheavy trial docket by any measure. This case was my third back-to-back
jury trial in January 2020 alone and the third verdict returned late on aFriday.
Professionally and personally, Iwas physically, intellectually and emotionally spent.
Otherwise, Iwould not have used such words.

The complaint is also predicated on my use of intemperate and insensitive

language, which Iunformnately borrowed from popular culmre and Uterature. My
words were intended to clearly communicate probation obligations and to explain the
court system in simpler terms. Despite my intentions, my words hurt Usteners. Ilost
track of our President Judge’s wise admonition: Be kind to others.

Understanding where Ihave fallen short of the high standards expected of the
judiciary in our Commonwealth, areview of my three decades as ajudge and former
prosecutor nonetheless demonstrates that Isought justice, vigorously but even-handedly
for aU, regardless of race, color or creed. An unbiased analysis of my sentencing
statistics shows that justice is meted out fairly and impartially in my courtroom —
indeed, these records prove that Isentence Black defendants more leniently than white
defendants.

Iacknowledge and accept responsibility for where Ihave failed. Ihope Iam
given the oppormnity to regain your confidence. Again, Iapologi2e. Ishould have done
b e t t e r. I h a v e d o n e b e t t e r. I c a n d o b e t t e r i n t h e f u t u r e .

Yours very truly.

Mark V. TranquiUi