Paul Pozonsky
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Paul Pozonsky is a former judge of the Courts of Common Pleas in
Washington County, Pennsylvania Washington County is a county in the Commonwealth of Pennsylvania. As of the 2020 census, the population was 209,349. Its county seat is Washington. Washington County is part of the Pittsburgh, PA Metropolitan Statistical Area. The county i ...
. In his capacity as judge, he presided over criminal trials, summary appeals, juvenile treatment court, and treatment court. After coming under investigation concerning missing drug court evidence, he left for Alaska and later resigned his seat. He pleaded guilty to three of six counts for which he was later indicted, and was sentenced to 30 days in jail.


Personal background and early legal career

A native of
Muse, Pennsylvania Muse is a census-designated place located in Cecil Township, Washington County, Pennsylvania. The community is located in northern Washington County north of the borough of Canonsburg. As of the 2010 census the population was 2,504 residents. De ...
, Pozonsky graduated from Canon-McMillan High School in 1973. In 1977, he graduated ''
magna cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some So ...
'' from West Virginia University. After earning a law degree from
Duquesne University School of Law The Thomas R. Kline School of Law of Duquesne University is a private Catholic university law school located in Pittsburgh, Pennsylvania. It is approved by the American Bar Association and is a member of the Association of American Law Schools. ...
in 1980, he practiced law. He was elected magisterial district judge for the
McDonald Macdonald, MacDonald or McDonald may refer to: Organisations * McDonald's, a chain of fast food restaurants * McDonald & Co., a former investment firm * MacDonald Motorsports, a NASCAR team * Macdonald Realty, a Canadian real estate brokerage f ...
and Cecil Township areas in 1983. His campaign highlighted his legal experience. In that position, he president of the region's Special Court Judge Association of Pennsylvania. In 1997, he was nominated by the association for the prestigious John Jeffers Memorial Award, given to individuals who are "considered instrumental in leadership and professionalism in the courts." His second wife filed for divorce on May 19, 2015, in
Kenai Kenai (, ) ( Dena'ina: ; russian: Кенай, ''Kenay'') is a city in the Kenai Peninsula Borough in the U.S. state of Alaska. It is one hundred and fifty-eight miles by road southwest from Anchorage. The population was 7,424 as of the 2020 cen ...
, Alaska. The uncontested divorce became final on September 28, 2015.


Career as County Judge

In 1997, he defeated Charles Kurowski in the election to replace retiring Judge Thomas Terputac. After his election to the county bench, he left the private practice that he had maintained while serving as a magisterial district judge. In 1998, he was selected to be one of 15 members of the ethics committee of the Pennsylvania Conference of State Trial Judges, which advises judges on ethical quandaries. On March 29, 2004, Pozonsky dismissed 51 charges against a driver whose license had been suspended for 30 years. In 2004, Pozonsky and Washington County District Attorney
John Pettit John Pettit (June 24, 1807January 17, 1877) was an American lawyer, jurist, and politician. A United States Representative and Senator from Indiana, he also served in the court systems of Indiana and Kansas. Born in Sackets Harbor, New York, h ...
established the county's first drug treatment court. Pozonsky was successful in his 2007 retention election. His campaign highlighted his high level of recommendation from members of the
Pennsylvania Bar Association The Pennsylvania Bar Association (PBA) is a voluntary bar association of lawyers and law students in Pennsylvania, United States. The association offers membership benefits, including publications, practice support, networking, and continuing ed ...
and his 9-year membership on the Ethics Committee of Pennsylvania State Trial Judges. In 2011, Pozonsky presided over a case brought by a family who alleged their health was damaged by fracking petrocarbon wells drilled on property immediately adjacent to their home and the value of their farmstead was depressed. Four Marcellus Shale gas wells, compressor stations plus a 3-acre wastewater impoundment were located next to their 10-acre farm in Mt. Pleasant. The case was settled for $750,000 but Pozonsky barred the media from his courtroom and sealed the settlement file despite extensive efforts of the press to get its details released.


Later career


Suspension

On May 24, 2012 Washington County's President Judge Debbie O'Dell Seneca issued an order suspending Pozonsky's drug treatment court. On May 31, she issued a subsequent order stripping Pozonsky of his criminal caseload, instead assigning him giving civil cases and nonjury trials. Previously, Pozonsky had been responsible for 60% to 70% of the county's criminal docket.


Tenure in Alaska

Shortly after the Judge President's actions, Pozonsky then left for a 2-week trip to Alaska, where his wife had family. On June 29, 2012, Judge Pozonsky resigned from the bench, citing discussions with, and the needs of, his family. In July 2012, Judge Pozonsky's attorney confirmed the existence of an investigation by the Pennsylvania Attorney General. In October 2012, he was a questionable hire as a Worker's Compensation Board hearing officer by the Alaska Department of Labor and Workforce Development. His candidacy was accepted after the filing deadline had passed, and he lacked the resident's preference for the opening. His wife's family had deep Republican party connections, with his brother-in-law,
Chuck Kopp Charles "Chuck" Kopp is a retired police officer and former member of the Alaska House of Representatives from the 24th district. Elected in 2016, he assumed office in 2017. Early life and education Kopp was born in Anchorage, Alaska and rais ...
who was briefly employed first as Governor
Sarah Palin Sarah Louise Palin (; Heath; born February 11, 1964) is an American politician, commentator, author, and reality television personality who served as the ninth governor of Alaska from 2006 until her resignation in 2009. She was the 2008 R ...
's Public Safety Commissioner, then as staff at the time to then-Senator
Fred Dyson Frederick John Dyson (born January 16, 1939) was a Republican member of the Alaska Senate, serving since 2003. He represented District I from 2003 through 2012 until redistricting placed him in District F in 2013. District I contained the cor ...
. She served on the Soldotna, Alaska City Council and the Alaska Commission on Judicial Conduct, and was close with former Lieutenant Governor
Loren Leman Loren Dwight Leman (born December 2, 1950) is an American politician who served as the eighth lieutenant governor of Alaska, from 2002 to 2006. Before that, he served in both houses of the state legislature, and was elected as the Senate Majorit ...
.A Different School Of Thought Sounds fishy
''
Pittsburgh Quarterly ''Pittsburgh Quarterly'' is a commerce and culture magazine in Western Pennsylvania, published four times per year with more than 30 distinctive stories every quarter. Topics range from regional indicators, timely issues in Greater Pittsburgh, bo ...
'', Mackenzie Carpenter, Winter 2006. Retrieved July 17, 2019.
Under pressure, he resigned that post in December 2012. Then-governor, Republican
Sean Parnell Sean Randall Parnell (born November 19, 1962) is an American attorney and politician. He succeeded Sarah Palin in July 2009 to become the tenth governor of Alaska and served until 2014.sua sponte. He challenged the search of his former Pennsylvania judicial office that revealed evidence of criminal conduct. A Pozonsky motion to compel testimony from Debbie O'Dell Seneca, the president judge who issued the administrative order to search his office and preserve evidence, was filed in June 2014. In a March, 2015 plea bargain, Pozonsky pleaded guilty to three of his six indictment counts and the prosecution did not request that he get jail time.


Sentence

Prosecutor Michael Ahwesh told Judge Daniel Howsare that Pozonsky "turned the courthouse into his stash house and made law enforcement into his private supplier of cocaine," decrying his arrogance in continuing to serve on the bench after he first entered drug rehabilitation. Pozonsky was sentenced to serve 30 days to 23.5 months in jail and 2 years probation, on July 13, 2015. He was immediately given work release and was released from jail on August 11, 2015. Pozonsky also forfeited his $98,000 annual pension and lifetime health benefits. The Pennsylvania Supreme Court temporarily suspended his law license on August 15, 2015. The Pennsylvania Supreme Court ruled 5-2 on January 18, 2018, to permanently disbar Pozonsky from law practice following the recommendation of the Office of Disciplinary Counsel, rather than suspending him, as he had requested. Justice Debra Todd, writing the majority opinion, said his conduct was particularly egregious, and had turned the court's proceedings that he had handled into "a shame and a farce." Justice Baer filed a concurring opinion in which Justice Donohue joined, noting that Pozonsky had notably failed to file any medical evidence connecting his conduct to his addiction, which might have resulted in suspension rather than disbarment.


References

Case No 3KN-15-0433CI {{DEFAULTSORT:Pozonsky, Paul Judges of the Pennsylvania Courts of Common Pleas People from Washington County, Pennsylvania Living people Pennsylvania lawyers West Virginia University alumni Duquesne University School of Law alumni Pennsylvania politicians convicted of crimes 1955 births