Philly judge ejected from the bench after refusing to stop making 'political' Facebook posts

PHILADELPHIA — A Philadelphia judge — and former Democratic state representative — was barred from the bench on Monday for refusing to stop posting political statements on Facebook.

Pennsylvania’s Court of Judicial Discipline found in May that Common Pleas Court Judge Mark B. Cohen had violated the Code of Judicial Conduct by posting numerous Facebook comments that skewered Republicans and praised Democratic politicians or left-leaning causes — even after his superiors ordered him to stop.

The state’s judicial code calls for judges to maintain an “absence of bias or prejudice” and abstain from political organizing or endorsements.

The board’s Monday opinion suspends Cohen, 75, without pay for the remainder of his term, which expires at year’s end. He won’t be eligible to run again due to the state’s age cap for judges, which is 75.

Cohen represented lower Northeast Philadelphia residents in the statehouse for 42 years, and after retirement was elected to the bench in 2017.

The discipline court described Cohen’s conduct as unprecedented, particularly his refusal to stop making political posts despite being warned.

“No other case in the history of the Court of Judicial Discipline has involved such defiance post decision,” the opinion reads. “Judges are not allowed to broadcast their political leanings. People appearing before judges deserve fair, unprejudiced jurists.”

Cohen, who principally presided over Family Court cases, appealed the May opinion and, in a Tuesday phone interview with The Inquirer, vowed to appeal this week’s order ending his judicial career.

“This is a pathbreaking case seeking to severely limit freedom of speech,” Cohen said. He said he would seek an expedited appeal to the Pennsylvania Supreme Court that he hoped would clear the way for him to return to the bench as a senior judge.

Cohen is the fourth Philadelphia judge to be suspended in connection with alleged judicial misconduct in the past four years.

In 2021, Cohen’s supervisor, Judge Margaret Murphy, reported him to the discipline court for posting photos of himself “in judicial robes behind a bench in a Philadelphia courtroom” on his publicly accessible Facebook wall, where he shared his political musings. Her complaint highlighted a post in which Cohen said he was “proud” to have earned an F rating from the National Rifle Association while serving as a lawmaker.

In February 2023, the Conduct Board identified dozens of posts that violated the impartiality rule. And while Cohen claimed to have removed the photo of him in judge’s robes that sparked Murphy’s complaint, the discipline board found it was still up.

Disciplinary hearing records cited several examples from 2022 of what it deemed improper posts, such as hailing President Joe Biden as “eloquent” while praising his signature stimulus bill, known as “Build Back Better,” and another post ribbing House Speaker Kevin McCarthy in the style of the children’s book, “Good Night Moon.”

“Good night, Kevin McCarthy. Good night moon. No matter how long Kevin talks, we’ll have passage of Build Back Better soon,” Cohen wrote.

The board went as far as calling a political science professor at Susquehanna University, who testified that Cohen’s posts qualified as “partisan political activity.”

Cohen defended himself largely on First Amendment grounds. He argued that he viewed his Facebook page as a place to encourage discussion and “learn things” and that posting made him “feel good.” He said his political leanings were well known, given his long tenure in Harrisburg as a Democratic legislator.

“The idea that I’m shocking everyone by revealing myself to be a Democrat is kind of silly,” he said Tuesday.

He said the disciplinary court misconstrued his posts.

“The prosecutor believes that this is a very serious offense,” he said. “Statements like, ‘Happy birthday, President Biden’ and ‘immigrants make a great contribution to our country,’ and after the election I said that Josh Shapiro was up to the job as governor — very bland statements like that … They are not political.”

Cohen previously sparked controversy while serving in Harrisburg for repeatedly exploiting the lawmakers’ per diem benefits — racking up more than $100,000 in reimbursements in one year, which far exceeded his annual salary. He also billed the state $28,200 for 800 books he said he bought in order to improve his legislative abilities.

On Tuesday, Cohen said he declined to cease posting altogether because “freedom of speech is a fundamental freedom.”

True to form, the judge posted on Facebook about being stripped of his duties.

“Pa Court of Judicial Discipline has suspended me for remaining 2 months, 25 days of my judicial term due to my FB posts, saying I am not a ‘fair, unprejudiced jurist’ because I publicized my political leanings,” Cohen wrote on Monday. “My Pa Sup Ct appeal comes soon.”