Richard McCarthy
District Judge, Pennsylvania


1/25/04:    http://www.pittsburghlive.com/x/tribune-review/pittsburgh/s_176310.html

Magistrate ready to go back on the bench


Pa.:    `The magistrate suspended for six months for dropping his drawers to moon a woman in a bar and drinking during working hours can't wait to get back on the bench.

And Millvale District Justice Richard McCarthy says he won't be the only one glad to see him resume his duties Feb. 2.

"There's a lot of people who want me back," McCarthy said. "I just have a little collateral damage to offset. As far as my reputation from the last 20 years, that's well-established. People know me and like me. They know I'm fair."

"I'm not perfect. I'm not Mother Teresa," he said. "(But) I wasn't the bad boy that everybody thought I was."
 

The 54-year-old magistrate was suspended in July by the Court of Judicial Discipline after admitting, among other things, that he fought with his ex-father-in-law at a bar and threatened a bartender who refused to serve him alcohol.

McCarthy received full pay -- $20,130 -- for four of the six months of his suspension. The suspension cost him $10,005 in pay.

District justices are paid $61,472 a year.

While McCarthy was off the bench, Shaler District Justice Robert Dzvonick was shouldering his caseload -- an extra 25 percent -- all without extra pay for the judge and his staff.

Still, Dzvonick isn't complaining.

"It was a large burden, but one that we took right in stride," the 51-year-old magistrate said. "I'm an old military guy. l follow orders. I got an order telling me to do this, and I do it. That's my job."

It was a preview, Dzvonick said, of 2006, when McCarthy's district -- Millvale and Reserve -- is to be merged into the Shaler district.

"This was a good opportunity for the citizens in Millvale and Reserve to see how it's going to be after 2006," he said.

McCarthy views the shift of his cases to Shaler as an effort by Allegheny County Court administrators to hurt his reputation and bolster Dzvonick's. The two judges plan to run for the same post in the 2005 election.

"That was the idea -- to enhance more public embarrassment for me," said McCarthy, a district justice since 1982. "It was nothing but a personal vendetta because of adversaries Downtown."

Former Allegheny County President Judge Robert Kelly made the decision to move McCarthy's cases to Dzvonick's court. Kelly deferred questions to district court administrator Ray Billotte.

Billotte said Dzvonick's office was chosen because it borders McCarthy's, and leaves and retirements left the court system short-handed.

He called McCarthy's charges baseless.

"This office does not do business in a political sense," Billotte said. "We evaluate the best course of action to accommodate the needs of the public."

The judicial discipline court in May found McCarthy guilty of three counts of bringing disrepute on the judicial office.

In a signed document, the judge admitted:

Drinking Perfect Manhattan cocktails during work hours at the Grant Bar in Millvale and Skelly's Place in Shaler.

Making unsolicited physical contact in April 1999 with a woman at the Grant Bar.

Fighting two months later with his former father-in-law at the Grant Bar.

Falling asleep in January 2001 on the bar at the Grant Bar and mooning a female friend.

Threatening a bartender in February 2001 who refused to serve him more alcohol.

McCarthy said his indiscretions did not affect his job performance.

"The system has changed. I'm a little old school," McCarthy said. "They want to own you 24/7, and you can't go out and socialize with friends. Nobody ever told me when I ran for the job that I'd be owned by somebody 24/7."

Dzvonick, meanwhile, feels good about his chances in next year's election.

"I do my job in a professional manner," he said. "I conduct myself in the public in a professional manner, and the public appreciates that."



    email: clr@clr.org



Posted January 28, 2004