Judge Berry appeals finding that he broke law

Philadelphia Judge Willis W. Berry Jr. yesterday asked a state disciplinary tribunal to rescind its finding that he broke the law and dishonored the judiciary by running a real estate business out of his courthouse office for more than a decade.

Berry's lawyer, Samuel C. Stretton, said in a legal filing that the Court of Judicial Discipline had made a "grievous error" by calling the judge's conduct a crime. He also said the court had erred in finding that Berry brought "disrepute" to the judiciary, a serious violation that could mean the loss of his pension.

"I honestly feel they're wrong," Stretton said in an interview yesterday. "I think they went too far."

In court documents, Stretton said Berry had made a "stupid mistake" by operating a string of run-down North Philadelphia apartments out of his office at the Criminal Justice Center - using court computers, fax machines, copiers, and his taxpayer-paid secretary to run the business.

The arrangement, which spanned 12 years, was first detailed in an Inquirer investigation in 2007.

Stretton acknowledged that the judge had violated judicial canons by using his public office to benefit his personal interests, but he said the behavior was not so egregious that it amounted to "disrepute."

The court is expected to schedule a hearing on what, if any, punishment to impose. Possible sanctions include suspension, removal from the bench, and loss of his pension.

Berry is paid $161,850 annually.

The state's Judicial Conduct board accused Berry of dishonoring the judiciary after The Inquirer reported that the judge owned more than a dozen derelict rental properties where tenants complained of roaches and rodents, faulty wiring, and weed-choked lots. City inspectors repeatedly cited the properties for safety and code violations.

Daniel T. Reimer, a lawyer for the Judicial Conduct Board who argued the case before the disciplinary court, declined to comment yesterday, as did the court administrator.

In a scathing opinion last week, the tribunal said Berry's misconduct amounted to a crime: theft of services. City and state prosecutors have said they would review the case to see whether charges are warranted.

The disciplinary tribunal said Berry had demonstrated "a flagrant, open disregard for the dignity of judicial office" by running his business out of the courthouse and had brought "disrepute" to the judiciary.

Stretton asked the court to reconsider that finding. He said Berry, 66, who hears criminal cases in Common Pleas Court, was an "excellent" and "hardworking" judge whose moonlighting as a landlord had never interfered with his judicial work or that of his secretary.

Moreover, Stretton said, the court essentially called for a culture change in Pennsylvania courts. He said its stinging opinion amounted to "a radical change of philosophy as to what a judicial officer can and cannot do."

Stretton said it was not uncommon for judges to have their secretaries type personal letters, run errands, and pick up lunch, coffee, or snacks.

"This opinion places all judicial officers on the time clock," he wrote. "Instead of looking at the quality of justice and what a judge accomplished, the judge will be judged on what he and his secretary do between 9 a.m. and 5 p.m. each day."