Former state Supreme Court Justice Joan Orie Melvin says prosecutors violated her constitutional rights when they charged her with using her staff for political work because there aren’t any rules for staffers to account for their time.
As part of her federal habeas petition filed last year, Orie Melvin argues that the district attorney’s case against her for theft of services is invalid because judicial staff members don’t have to fill out time sheets or work a set number of hours. Their schedules are up to each judge.
“Absent any minimum hour requirement, there can be no theft, diversion or misapplication of government property,” her lawyer, Patrick Casey, said in court papers Friday.
Orie Melvin filed the federal appeal in September, saying among other claims that the DA violated federal law by trying to “criminalize” work rule regulations set up by the Supreme Court that bar court-appointed staffers from political activity.
The district attorney’s office replied in November that the convictions did not violate the Constitution.
The latest filing was Orie Melvin’s reply to that response.
Orie Melvin was convicted in 2013 of theft of services, conspiracy and misapplication of government property. She was sentenced to three years of house arrest and two years of probation. The sentence included a mandate to work in a soup kitchen and pay $128,000 in restitution.
In her habeas appeal, Orie Melvin said the state courts that heard her case and her appeals violated the law in refusing to dismiss what she called unconstitutional charges and not allowing her a hearing to challenge the seizure of evidence from her personal email account.
She also said the judge in her case, Lester Nauhaus, violated her right to be protected against self-incrimination when he forced her to write letters of apology to the state’s judges.
Torsten Ove: tove@post-gazette.com or 412-263-1504.
First Published: January 19, 2016, 5:00 a.m.