Philadelphia judge faces disciplinary charges for political comments on Facebook

Judicial Conduct Board of Pennsylvania is charging Judge Mark B. Cohen
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PHILADELPHIA (KYW Newsradio) — A Philadelphia judge is charged with making dozens of improper political posts on his personal Facebook page.

The Judicial Conduct Board of Pennsylvania is charging Philadelphia County Court of Common Pleas Judge Mark B. Cohen, who serves in Family Court, with violating the code of judicial conduct by commenting on political issues and figures online.

The board alleges that Cohen's posts supporting Democratic issues and criticizing those on the right from 2021 and 2022 violated rules against endorsing candidates for office and activities that could put a judge's impartiality into question.

Cohen's attorney, Samuel Stretton, says the judge's Facebook posts are proper.

"Maybe his views might be a little more on the left than on the right as a Democrat, but that's just in discussing issues,” Stretton said. “It's not endorsing candidacies or political parties."

Stretton says he's not disputing that Cohen, a former state representative, made the posts. It’s  the interpretation of them that's at issue.

"We believe that those posts are not in violation of the rules, and that he has a valid First Amendment right to make them,” said Stretton.

"This is the first major case I've seen in Pennsylvania where the contents of these posts are being criticized, and the Judicial Conduct Board — the prosecuting body — is seeking to discipline in this matter."

The case would go before a three-judge panel of the Court of Judicial Discipline. If a violation is found, a second hearing before the full court is held to determine sanctions.

Stretton said he's seen cases where judges have to consider recusing themselves if a Facebook friend appears before them.

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