Printed in the Legal Intelligencer – Tuesday, November 3, 2015 written by: Lizzy McLellan and Max Mitchell, The Legal Intelligencer

Special counsel to the Pennsylvania Supreme Court has recommended against the court’s immediate involvement in a review of Justice J. Michael Eakin’s conduct in exchanging what have been called offensive emails, and said the court should defer to the Judicial Conduct Board for a further review.

The court retained Del Sole Cavanaugh Stroyd to review emails sent and receivedby Eakin’s personal email account that state Attorney General Kathleen Kane submitted to the court in September and October.

According to the report, counsel reviewed 955 emails that were submitted—157 of which were sent by Eakin. The report said Eakin had sent an email that contained a photo of a topless woman, and also forwarded emails with “offensive” “purported jokes and banter,” including one that involved a joke about spousal abuse. However, the report said the JCB, which is conducting an investigation of its own into the matter, would be in the best position to further review the conduct…

Former Justice William H. Lamb said, although he has not seen the emails, he agreed with the report that the JCB is in the best situation to make determinations about the conduct. He added that Del Sole Cavanaugh’s report appeared to be very thorough. Given the attention that the case is receiving and the fact that some have raised questions about Kane’s motives in releasing the emails, Lamb, who also previously served as president of the Court of Judicial Discipline, said it is important that the JCB’s review is prompt and thorough. “This is a sad day for any court,” Lamb said. “That’s why I say we need to get this done promptly and quickly and then move on.”

Read the full story in the Legal Intelligener:  http://www.thelegalintelligencer.com/id=1202741350527/Report-Supreme-Court-Should-Defer-to-JCB-on-Eakin-Emails#ixzz3qXlZmnpK