SUPERIOR COURT OF PENNSYLVANIA ORDERS RECUSAL OF TRIAL JUDGE FOR DEMONSTRATING A PATTERN OF BIAS AGAINST SEX OFFENDERS

Attorney Noel provided representation to a client who had been convicted of rape and related sexual offenses.  The client appealed his conviction and sentence to the Superior Court of Pennsylvania, which remanded the case to the trial court for resentencing.  During the ensuing resentencing hearing at which Attorney Noel provided representation, the trial judge conducted a constitutionally inadequate resentencing hearing.  In connection with the client’s appeal of the resentencing order, Attorney Noel filed a motion to recuse the trial court judge, citing an apparent bias against sex offenders as a class.  The trial judge denied Attorney Noel’s motion to recuse and an appeal soon followed.

On appeal, Attorney Noel argued that the trial judge was biased against sex offenders and their attorneys and that the trial judge failed to conduct a full and fair resentencing hearing.  In an unusually strongly worded and precedential opinion, the Superior Court agreed with each of Attorney Noel’s arguments and ordered the removal of the trial judge from her client’s case.

Read more about the Superior Court’s decision here. Read more about the trial judge’s subsequent resignation here and here.