An email from the husband of a newly elected judge, soliciting donations in exchange for meeting her, is drawing scrutiny from ethics attorneys. The email's wording has raised concerns about potential implications of favoritism and adherence to judicial ethics rules.
Judge Katy McShane, left, and Justin McShane, right. The way Justin McShane worded an email soliciting campaign donations after his wife was elected to the bench is raising questions among ethics attorneys.
Photo of Justin McShane by Dan Gleiter, for PennLive. Photo of Katy McShane by Joe Gidjunis, submitted to PennLive.But the way a Dauphin County attorney worded an email soliciting donations on behalf of his wife, elected as a county judge in November, has drawn concern from lawyers. “It is always best to get to know and meet the judge before you appear before the judge, I have found,” Justin McShane wrote in an email asking area attorneys to pay up to $2,500 to meet his wife, Judge Katy McShane, at a Dec. 11 victory party. “I am sure that you agree,” .The tone “seems to suggest or imply that if you pay, you will get a favorable reception from the judge,” according to Sam Stretton, an attorney and judicial ethics expert, who has represented many judges and lawyers in Pennsylvania over his more than five-decade career. Stretton said the email may have landed on the wrong side of the code of judicial ethics, rules that judges and judicial candidates are legally obligated to uphold. While Justin McShane isn’t beholden to the code himself, his communications in his role in her campaign and as her spouse, reflect on Katy McShane, experts and court observers say. The email has been discussed in private circles by some members of the Dauphin County Bar Association, a number of whom were uncomfortable with the language. But they were unwilling to publicly discuss it, fearing retaliation by McShane, whom they may appear before in court. “It’s outrageous, it shouldn’t have happened,” one area attorney said on the condition of anonymity. “People were afraid to not respond, and therein lies the problem.” Justin McShane told PennLive no one expressed concerns about the way the email was worded, and said he didn’t see how his words could be interpreted as suggesting donors could have an improper influence with the judge.“I’m a literal person. I mean exactly what I say. It’s nothing nefarious — it’s very literal,” Justin McShane said. “Come and meet the judge.”The campaign sold tickets for the dinner for between $500 and $2,500. The event was hosted at the Maclay House on Front Street in Harrisburg, which the campaign rented from the state bar association. The Pennsylvania Bar Association had no involvement in creating the invitation or planning the event, according to Stephanie Titzel, spokesperson for the association. “Our understanding is that this was intended as a celebration and thank-you gathering, not a fundraiser,” Titzel said. The email also asked those not interested in donating to respond stating that, so McShane could put them on a do-not-contact list.which requires candidates to promote the independence, integrity and impartiality of the judiciary. Judges must avoid impropriety or the appearance of impropriety and need to minimize the risk of conflict with the obligations of their office. Judges are prohibited from conveying, or permitting others to convey, the impression any person or organization is in a position to influence the judge, Stretton said. Judges are also required to ensure their spouses’ behavior does not imperil the impartiality of the judiciary. That’s what Stretton believes Justin McShane did with the email, calling the last two lines of the letter asking to put non-donors’ names on a list a “really serious violation.” “He’s advertising that you can buy influence, and he’s brazen enough to imply that if you don’t give it, ‘we’ll remember you,’” Stretton said. “None of that should help you.” Debbie Gross, executive director of Pennsylvanians for Modern Courts — a nonprofit that advocates for fairness, accessibility and impartiality in the courts — said the language of the email occupies a gray area that is at least concerning. “All should have access to the judge, once you become the judge,” Gross said. “They have to be very careful. That comment about is a concern.”, under which a lawyer may not “state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law.” Stretton said judicial candidates are required to instruct their campaign committee to be cautious in connection with contributions so they do not create grounds for disqualification or recusal if a candidate accepts them. Katy McShane spent a record-breaking amount of money on her campaign in the weeks leading up to the election. Financial disclosure reports show McShane loaned herself $320,000 and spent $186,000 on SP Media, a company that makes TV ads for political campaigns, an amount unheard of in Dauphin County judicial races. The total cost of her campaign — $467,000 — is almost double the cost of the previous record-setting campaign for Dauphin County Judge Courtney Powell, who was elected to the bench in 2023. It’s not unusual for judicial candidates to seek to “retire their debt,” by soliciting donations after an election. Stretton said newly elected judges have until Dec. 31 the year of the election to do so. About ten people attended the McShane fundraiser, including attorneys who practice civil law, according to Justin McShane, who added the money raised barely covered the cost of the event. Katy McShane is assigned to hear criminal cases, and it is unlikely there would be an overlap with the civil attorneys who attended, Justin McShane said. Campaign finance reports show McShane reported the following donations from PACs: $2,500 each from state Reps. Dave Madsen — who attended the fundraiser — and Nate Davidson, $1,000 from Dauphin County Commissioner George Hartwick, and $500 from the Tucker Arensberg PAC. She also reported receiving $1,000 each from Shollenberger, Januzzi & Wolfe, and JDSC; $500 each from Judson Perry, Mahali Haki Associates, John Dornberger and Hillary Vesell. The McShane Firm also donated $30,000 to her campaign in two installments, for a total of $47,500 in donations for the final cycle of the year. While several attorneys declined to comment on the matter, Tom Wilkinson, who is on the state bar association’s professional responsibility committee, addressed judicial ethics in general. Even if money collected through campaign fundraisers is properly applied, judicial campaigns need to be cautious in how they communicate with donors, he said. “Sometimes you have less-experienced fundraisers… who are not the most professional in their fundraising,” Wilkinson said. “You don’t want to have any communications that would in any way influence the judge’s decision-making.” Stretton felt the message was clear. “It’s pretty bad,” he said. “The judge should disavow that letter, apologize, and return the money.” He also argued that Katy McShane should recuse herself from hearing cases involving anyone who gave her that money for a period of time. He added that he felt she should not hear cases involving people on the “no contribute” list either. It is not known if the judicial conduct board has received a complaint about the email. Complaints filed with the judicial conduct board are private and the status of any possible investigation is not made public unless the judicial conduct board decides to bring a case against a judge.Jon writes about high-profile court cases in central Pennsylvania prioritizing high-impact crimes such as homicides, abuse and crimes committed by public servants. He also focuses on civil proceedings involving...
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