By Elizabeth Gibson
The Patriot-News
November 15, 2011
www.pennlive.com/midstate/index.ssf/2011/11/district_judge_in_jerry_sandus.html
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| The Second Mile headquarters in State College, Pa. |
It would be tough to live in Centre County and not get involved on some level with The Second Mile, founded to help children and teens. From bake sales to golf outings to clothing collections and annual drives, the charity offered seemingly endless ways to donate or volunteer, from its 1977 start right up to this year. And countless people did.
Even former President George H.W. Bush, in 1990, gave Second Mile a boost by choosing it as the 293rd of his Thousand Points of Light.
So, District Judge Leslie Dutchot's participation in the charity's events isn't enough, in the opinion of an expert in judicial conduct, to require her to step aside and not hear the charges against Second Mile founder and former Penn State defensive coordinator Jerry Sandusky.
But Monday's revelations that Dutchcot had helped the charity — combined with earlier criticisms that Sandusky's bail terms were too lenient — prompted some to question whether favoritism was involved.
Change.org launched a petition drive that calls for Dutchcot to step aside from further involvement in the case.
Prosecutors from the state attorney general's office had asked Dutchcot to impose $500,000 bail and require the 67-year-old Sandusky to wear an ankle bracelet during the Nov. 4 arraignment. Dutchcot, a former Monroe County assistant district attorney, instead gave Sandusky $100,000 unsecured bail, meaning he didn't have to put up money but just promise to appear in court, and did not require the monitoring.
Nils Frederiksen, spokesman for the attorney general's office, wouldn't comment Monday on whether prosecutors raised concerns about Dutchcot's volunteering for Second Mile, which authorities said Sandusky used to find the boys he allegedly victimized.
Dutchcot refused to discuss calls for her removal from the Sandusky case.
William "Skip" Arbuckle III, a State College-based attorney and federal judge who formerly sat on the state judicial conduct board, said Dutchcot's actions appear to meet legal and ethical guidelines. "When you get a high-profile case like this, you don't get anyone in the community that doesn't have some kind of relationship [with the defendant]," Arbuckle said.
"This is an individual that's charged with a crime, not an organization," he added. On the bail issue, Arbuckle said Dutchcot was exercising her judgment in choosing the lower amount.
"It's a heinous, heinous crime if it's true but... it's the judge's job to establish whether or not he's likely to appear [for future hearings]," Arbuckle said.
Officials with the Administrative Office of Pennsylvania Courts would not comment on whether Dutchcot was correct to take the Sandusky case. However, courts spokesman Art Heinz said Centre County Court of Common Pleas, in response to abundant interest in the case, is adding a link to its website that will explain the judicial process and post scheduled hearings.
Judges aren't banned from helping charities but they must follow standards.
According to state rules governing standards of conduct, magisterial district judges "shall not solicit funds for any educational, religious, charitable, fraternal or civic organization, or use or permit the use of the prestige of their office for that purpose, but they may be listed as an officer, director or trustee of such an organization."
"They shall not be a speaker or the guest of honor at such an organization's public fundraising events, but they may attend such events," the rules state.
Arbuckle said Dutchcot did not have to reveal her volunteer work at the Second Mile.
As for Dutchcot being connected to Sandusky through Second Mile, that's not an automatic conflict.
State Superior Court Judge Anne Lazarus refused to discuss Dutchcot's case, but in general said most casual relationships between a judge and defendant don't require recusal.
"The general standard for recusal deals with ... if you have such a close relationship with someone that you could not be fair," Lazarus said.
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