[J-49B-2017] [MO: Saylor, C.J.]
IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
IN RE: DAWN A. SEGAL MUNICIPAL : No. 1 EAP 2017
COURT JUDGE FIRST JUDICIAL :
DISTRICT PHILADELPHIA COUNTY : Appeal from the Order dated December
: 16, 2016 of the Court of Judicial
: Discipline at No. 3 JD 2015
APPEAL OF: DAWN A. SEGAL :
: ARGUED: May 9, 2017
DISSENTING OPINION
JUSTICE DONOHUE DECIDED: November 22, 2017
For the reasons set forth in my Dissenting Opinion in In re: Angeles Roca, 42
EAP 2016, I respectfully dissent. Although Judge Segal’s misconduct differed materially
from that of Judge Roca, the Court of Judicial Discipline (“CJD”) imposed the same
sanction (permanent removal from judicial office) while employing substantially identical
language in its two written opinions and made no attempt to adhere to the doctrine of
stare decisis. As a result, in my view, the sanction imposed by the CJD removing Judge
Segal was not lawful pursuant to Article V, Section 18(c)(2) of the Pennsylvania
Constitution. Thus, I would vacate the order imposing sanctions and remand for the
preparation of an opinion in which the CJD adheres to the doctrine of stare decisis in
imposing a sanction in this matter.