Judge steps aside at resentencing
After state Superior Court this week ordered that Allegheny County Common Pleas Judge Donna Jo McDaniel not handle the resentencing of a sex offender because of concerns about bias, the county’s president judge sent the case to be reassigned.
But, in a memorandum to Criminal Court Administrative Judge David R. Cashman, President Judge Jeffrey A. Manning said he did not believe the Superior Court had authority to take that action.
“While I respect the opinion of the Superior Court, I do not believe they have the authority to recuse or remove a trial judge, that authority being solely within the discretion of the Supreme Court of Pennsylvania or the Court of Judicial Discipline, acting upon a complaint from the Judicial Conduct Board,” Judge Manning wrote.
Judge Manning’s thoughts on the matter, however, likely are moot now: Late Thursday, Judge McDaniel signed an order noting that she was recusing herself.
“And now, this 29th day of November, 2018, the Court on its own motion, and by order of the Superior Court, shall HEREBY RECUSE itself from the above-captioned matter,” she wrote.
The case in question involves Anthony McCauley, 45, who was convicted in 2014 of rape and abusing a young girl.
In 2016, the state Superior Court remanded the case to Judge McDaniel to clarify her sentence of 20 to 40 years.
But instead of following the appellate court’s instructions, she modified the penalty to 20 years less two days to 40 years less four days incarceration. She also failed to give the defendant due process at the resentencing, the Superior Court found.
In its opinion on the case issued Wednesday, the three-judge panel scolded Judge McDaniel for her behavior toward defense counsel in the case, writing that she showed “bias and personal animus.”
Both the prosecution and defense had asked the Superior Court to remove Judge McDaniel.