Feb 25, 2005 By The 4 min read

The Fayette County president judge has yet to consider if any action will be taken against a local magisterial district judge who has been accused of sexually harassing his long-time secretary during work hours. President Judge Conrad B. Capuzzi said Thursday that he had only heard that a civil suit had been filed against Magisterial District Judge Robert Breakiron by Barbara Shaffer and that until he obtained and reviewed the documentation, could he determine if any action would be imposed.

As the president judge, Capuzzi oversees the local magisterial judges.

“When I’m aware of the suit and understand what the suit is contending, then would I decide what options I have and if I would employ them,” he said Thursday.

Breakiron oversees the magisterial area that includes Bullskin, Saltlick and Springfield townships.

The civil complaint was filed Wednesday in U.S. District Court for the Western District of Pennsylvania by Shaffer’s legal counsel, attorney Samuel J. Cordes.

According to the complaint, Breakiron allegedly subjected Shaffer to “unwanted and unwelcome physical conduct of a sexual nature” over the past five years.

Shaffer has worked in the office since 1992.

The complaint further alleges that on two occasions Breakiron “required” Shaffer to engage in sexual intercourse. The last incident, which the lawsuit alleges, took place in October, states that Breakiron “threw (Shaffer) on the couch in her office and forced himself into her.”

The court document states that on a “regular basis” Breakiron touched Shaffer in a sexual manner and exposed himself to her.

The suit further states that after learning that Shaffer had contacted state police in connection with the matter, Breakiron allegedly subjected Shaffer to “close supervision and unwarranted discipline and additional unwelcome and unwanted sexual conduct.”

On Feb. 11, Breakiron fired Shaffer because she missed three days of work without permission, alleges the suit.

The court document states that Shaffer did provide Breakiron a doctor’s note explaining a serious illness and the need for the time away from her duties.

The suit alleges that in his position Breakiron “made toleration of his sexual advances an explicit and implicit term or condition of (Shaffer’s) employment” and retaliated against Shaffer when she complained to him and state police.

Breakiron’s actions, states the lawsuit, caused Shaffer to allegedly sustain great mental anguish and emotional strain, severe depression, loss of income and benefits, deprivation of the ordinary pleasures of life and severe pain and suffering caused by the almost daily exposure to a hostile work environment and his sexual conduct.

Cordes declined to comment about the litigation when contacted Thursday at his Pittsburgh office.

Art Heinz, communications coordinator for the Administrative Office of Pennsylvania Courts, said that magisterial judges must adhere to very strict codes of conduct both on and off the bench.

“They are arbitrators and must retain the public trust and confidence, ” said Heinz. “The judiciary requires that there is no suspicion of impropriety.”

Heinz said that charges can be brought against magisterial judges by fellow judges, lawyers, law enforcement, secretaries or the general public, but until the complaints have been determined as valid, the judge is considered to be innocent.

“Under our system one is presumed innocent until the facts prove otherwise,” he said.

As overseer of the magistrates, said Heinz, the president judge does have the option to reassign cases designated to the magisterial office or relieve the magistrate of his or her duties and determine if the salary received by the justice is suspended while the Judicial Conduct Board investigates the matter.

The annual salary for magisterial district judges is $64,669.

“If warranted, the (Judicial Conduct Board) can file charges against the judge,” said Heinz. “The matter would be heard before the Court of Judicial Discipline in a public trial.”

If found guilty of the charges, the judge could be reprimanded, fined or removed permanently from office, added Heinz.

Lisa McClain, assistant counsel for the Judicial Conduct Board, said that she could not confirm or deny if a complaint against Breakiron had been filed with the panel.

“We don’t acknowledge that there is any complaint filed on any judicial officer unless it has been filed in the Court of Judicial Discipline,” said McClain. “That is the only time it would become public information.”

Breakiron could not be reached Thursday for comment.

Last year, the state Supreme Court ruled that Breakiron’s office along with the offices of District Justices Brenda Cavalcante, Michael Defino Jr., Wendy Dennis and Michael Rubish would be eliminated as part of a realignment plan. The plan, based on county population, will shutter Cavalcante, Defino, Dennis and Rubish’s offices in January 2006 with Breakiron’s office to close at the end of his term in 2008.

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