A judge in Philadelphia has become the target of several complaints filed by lawyers and witnesses after he refused to wear a face mask during trials.
Philadelphia Common Pleas Court Judge James Murray Lynn has refused to wear a face covering and ordered other people in the courtroom to remove their face coverings, according to written complaints obtained by the Philadelphia Inquirer. The paper reported Tuesday that Alan Tauber, first assistant at the Defender Association of Philadelphia, wrote to Margaret Murphy, the administrative judge who oversees Lynn in the Family Division, and alerted her that Lynn’s refusal to wear a mask put others at risk.
“It has come to the attention of our offices that Judge Lynn continues to refuse to wear a mask while operating in-person hearings,” Tauber wrote. “We believe this safety breach needs to be addressed expeditiously. Not only was he not wearing a mask, but he was actively ordering counsel to remove their masks while litigating.”
Tauber argued that Lynn was not following the law because the Pennsylvania Department of Health requires masks in “any indoor location where members of the public are generally permitted.” Lynn’s refusal to wear a mask altered at least one court hearing after a witness felt uncomfortable testifying in a room where Lynn would not wear a mask. Attorneys from both sides of the case agreed to waive the preliminary hearing, so witnesses did not have to testify in the room.
Lynn has a controversial record as a judge. He was first elected in 1991 and won two reelection bids in 2001 and 2011. During both of his reelection bids, the Philadelphia Bar Association rated him as “not recommended.” While the Bar Association might not recommend Lynn, he was recently awarded for his “tireless work in Family Court on behalf of crime victims” by the Philadelphia Coalition for Victim Advocacy.
Some courtrooms have moved online during the coronavirus pandemic, while others were shuttered because of the virus. Courts just started to reopen in Pennsylvania.
