A Philadelphia decide’s function in a cheesesteak store owned by his spouse has prompted a panel to allege he is violated the state’s ethics guidelines.
The Pennsylvania Judicial Conduct Board on Tuesday filed a grievance towards Frequent Pleas Decide Scott DiClaudio over Shay’s Steaks, a high-end cheesesteak restaurant that opened greater than a yr in the past just a few blocks from metropolis corridor.
“This grievance is such a farce,” DiClaudio, who’s appearing as his personal lawyer, stated in a telephone interview Tuesday night. “Folks don’t come to Shay’s as a result of a decide might make their cheesesteak.”
“I’ve a help function, which I’m permitted to have,” he stated. In a podcast interview cited by the board, DiClaudio mentioned choices about pricing, components, wage ranges for workers and competing eating places.
“I do not thoughts charging $19, as a result of I am providing you with a greater high quality steak,” DiClaudio stated on the podcast.
Currently, he stated, well being points and the calls for of getting a younger youngster have restricted his time within the enterprise. As a legal court docket decide, his focus nowadays is on court docket actions filed by defendants after they’ve been convicted.
The Judicial Conduct Board investigates and prosecutes doable cases of decide misconduct in Pennsylvania. The case will likely be heard by the Court docket of Judicial Self-discipline.
The board grievance notes that information protection of the restaurant in Philadelphia, the place cheesesteaks are the topic of perpetual public curiosity, has famous he’s a decide. One story referred to him as “whiz honor” — a reference to using Cheez Whiz on some cheesesteaks.
If something, DiClaudio stated, his function within the restaurant could also be enhancing the picture of judges within the minds of his fellow Philadelphians, giving them “confidence within the judiciary — that we’re not all robots.”
Shay’s Steaks is known as for his late mom and the luncheonette his mother and father ran for greater than 20 years in South Philly.
The grievance references a number of information tales concerning the restaurant that describe him as a decide.
“I had no concept what they had been going to write down,” DiClaudio stated. “I had no say within the enhancing course of till I noticed it myself.”
He famous an indication on the restaurant states Jackee DiClaudio is the proprietor — the couple lives in the identical constructing because the restaurant. He stated Shay’s Steaks has by no means used a picture of him in judicial robes or described him as a decide in promoting supplies. He says he is by no means been paid for his work there, and that the income go to his spouse.
DiClaudio is accused of falling in need of a requirement that judges at all times act in a method that promotes public confidence within the independence, integrity and impartiality of the judiciary. One other allegation is that he violated a rule that judges “not abuse the status of judicial workplace to advance the non-public or financial pursuits of the decide or others, or enable others to take action.”
County judges similar to DiClaudio might not produce other employment that will in any method intrude with their judicial duties and duties, stated Sam Stretton, a outstanding judicial ethics lawyer. He has represented DiClaudio up to now, and should once more within the present matter.
“He is very happy with his spouse and what she’s doing there,” Stretton stated. “Certain, he provides enter however I do not see that as being prohibited. The problem he is obtained to take care of is: Is there self-promotion right here?”
Complicating the case is that DiClaudio is currently on probation beneath a choice by the Court docket of Judicial Self-discipline that concerned tax liens and an unpaid invoice. He was discovered to haven’t acknowledged debt on his monetary disclosure kinds and didn’t obey court docket orders, resulting in repeated contempt citations towards him, the court docket stated.
He was suspended with out pay for 2 weeks, so with a purpose to qualify for a pension and retiree well being care he must serve two further weeks after his time period expires in January 2026. A Democrat, he’s searching for retention to a different 10-year time period. If he wins retention he says he’s contemplating retiring early subsequent yr.
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