In Re: Mark B. Cohen, J.

Summary

The Court affirmed the Court of Judicial Discipline's suspension of Judge Mark B. Cohen for the remainder of his term based on his partisan political Facebook activity. It held that restrictions on a sitting judge's speech outside the judge's own election are reviewed under a deferential balancing test, not strict scrutiny, and that the Commonwealth's interest in preserving the judiciary's independence, integrity, and appearance of impartiality outweighed Cohen's interest in publicly advocating partisan political views. The Court also held that Cohen waived his due process and expert-testimony challenges. Justice Wecht, concurring, joined the judgment and emphasized that context, rather than merely recounting prior legislative accomplishments, determines whether a judge's speech is sanctionable.