After declaring that he was "not spending the day here," a district judge allegedly told defendants awaiting some 30 traffic hearings that they were all not guilty and ordered them to leave.

		Full text of the state Judicial Conduct Board's midconduct complaint against District Judge Ernest Marraccini, in .pdf format

"What are you, a bunch of morons?" District Judge Ernest Marraccini asked the defendants when they balked at his order, according to a misconduct complaint filed yesterday by the state Judicial Conduct Board.

The conduct board yesterday also filed separate charges against District Judge Joseph Zupsic of Beaver County.

Both face trials before the state Court of Judicial Discipline, which, if it finds the evidence supports the charges, can impose sanctions ranging from reprimand to dismissal.

The conduct board filed six misconduct counts against Marraccini in connection with proceedings on May 25. Marraccini, a district judge since December 1992 in Elizabeth, was filling in for District Judge Susan Evashavik in her Forest Hills office.

According to the board's complaint, as 33 summary cases -- all but one filed by Edgewood police -- were about to begin, Marraccini told Edgewood Police Chief Paul Wood: "Well, I'm not spending the day here."

After Marraccini dismissed two of the first three cases he heard, making sarcastic comments and at one point rolling his eyes, Wood tried to speak with him about the procedures Evashavik used in hearing cases.

The judge "became hostile ... and began sitting down and standing up. He then threw his arms up in the air and said, 'Well, then, let's just find everybody not guilty,' " the complaint said.

Surprised by the blanket exoneration, some defendants began asking for the rulings in writing and others asked for refunds of collateral they had paid while appealing.

After asking if they were "morons," Marraccini told the defendants: "If you don't leave, I'm going to find everyone guilty. You should be grateful and leave before I change my mind!"

Reached yesterday, Wood, who initiated the complaint, said the judge was unprofessional.

"I didn't like the way the officers were treated, nor the way the defendants were treated. [Cases] were thrown out without any testimony or hearings," he said.

Marraccini was charged with misconduct; failing to perform his duties; engaging in conduct that brings the judicial office into disrepute; failure to devote the time necessary for prompt and proper disposition of court business; failure to be patient, dignified and courteous to litigants; and failure to give litigants their full right to be heard.

He could not be reached for comment yesterday.

Zupsic was accused of misconduct related to five criminal cases.

In one, the conduct board said, Zupsic summoned a state trooper to his office and asked for lenient treatment of a man who had been charged with theft by extortion and making terroristic threats.

Anthony Martorella was accused of making an extortionate loan to an individual with a gambling debt, then threatening him when he couldn't repay. Zupsic told the trooper that Martorella "was not a bad guy" and asked if there was anything he could do for him. The trooper declined.

In another case, Zupsic was accused of dismissing an assault charge against the son of a friend and business associate.

David Presto was charged with assaulting an inmate at the Beaver County Jail while working there as a guard. Zupsic dismissed the charges after a hearing in April 2001.

The conduct board said Presto's father, who has a criminal record for bookmaking and bribing a police officer, was a frequent visitor to Zupsic's office, occasionally met Zupsic for lunch and had business dealings with the judge.

Zupsic also failed to remove himself from a drunken driving case involving the underage son of a friend, whom he later employed as a cleaning woman for his office after dismissing the charges.

Zupsic has served since November 1998, covering Center, Greene, Potter and Raccoon townships, and Georgetown, Hookstown, Monaca and Shippingport boroughs.

Zupsic, who has announced that he would not seek re-election this year, could not be reached for comment.