Court ponders emails Pennsylvania justice received but may not have read

Judicial Conduct Board attorneys said in a Monday filing the emails fit a pattern because their content is similar to the salacious and objectionable emails they know Justice Michael Eakin opened.

FILE - In this Sept. 13, 2011 file photo, Pennsylvania Supreme Court Justice Michael Eakin poses for photographs with the court's other justices at Philadelphia's historic Old City Hall. A Pennsylvania ethics board is accusing Eakin of violating both judicial and constitutional codes of conduct by exchanging lewd and offensive emails with friends. The Judicial Conduct Board on Tuesday, Dec. 8, 2015, said it filed four charges with a disciplinary court that has the power to remove judges. (AP Photo/Matt Rourke, File)
FILE - In this Sept. 13, 2011 file photo, Pennsylvania Supreme Court Justice Michael Eakin poses for photographs with the court's other justices at Philadelphia's historic Old City Hall. A Pennsylvania ethics board is accusing Eakin of violating both judicial and constitutional codes of conduct by exchanging lewd and offensive emails with friends. The Judicial Conduct Board on Tuesday, Dec. 8, 2015, said it filed four charges with a disciplinary court that has the power to remove judges. (AP Photo/Matt Rourke, File)

HARRISBURG, Pa. (AP) – Lawyers who are prosecuting a Pennsylvania Supreme Court justice on ethics charges say they should be allowed to present emails he was sent, even if they can’t prove he read them.

Judicial Conduct Board attorneys said in a Monday filing the emails fit a pattern because their content is similar to the salacious and objectionable emails they know Justice Michael Eakin opened.

Eakin is suspended with pay while awaiting a March trial in Philadelphia on ethics charges that could result in his removal from the bench by the Court of Judicial Discipline.

The board’s response to the court’s pretrial questions says Eakin didn’t fully disclose his email practices when the scandal first broke in 2014.

Eakin was cleared at that time but the board launched a fresh investigation last year.

(Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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