Judge Toothman resigning from bench in Greene County
WAYNESBURG – Judge Farley Toothman is resigning from his seat on the bench next month just before he was expected to go to trial on charges of judicial misconduct.
Toothman, who had already stepped down from his position as president judge at the Greene County Courthouse, sent his letter of resignation to Gov. Tom Wolf on Friday announcing his departure, effective Jan. 4.
The Administration of Pennsylvania Courts confirmed Monday that it had received the 64-year-old jurist’s “early retirement” letter and was processing his resignation.
Toothman has been on “temporary leave” from the bench since Oct. 5 after he was accused of judicial misconduct in the handling of several cases when the state Judicial Conduct Board filed a 21-count complaint against him in May.
“I have learned that there is no effort without error and shortcoming and that at times there becomes an unforgiving professional and personal toll that is unhealthy,” Toothman said in a written statement Monday. “For my mistakes, I apologize, and the regrets I shall carry with me.”
The charges go back to an incident in 2017 in which he allegedly interfered with a retail theft investigation into his law clerk at a Waynesburg convenience store. He also is accused of interfering with a county probation staff meeting to learn who was handling the probation for a woman, who accused his law clerk of shoplifting at that store, involved in an unrelated lower court case. He sentenced the woman, who was performing community service, to a month in jail for unpaid fines.
Other complaints against him include retaliating against a janitorial employee, and improperly handling a case involving the division of marital property and another over a protection from abuse.
Attorneys for Toothman and the state Judicial Conduct Board are scheduled for a pretrial conference on Jan. 19 with the Court of Judicial Discipline to discuss evidence and witnesses. Toothman could have been removed from office, and he may still face a fine.
Lou Dayich, who was elevated to president judge Nov. 1 after Toothman stepped down from that position, politely declined to comment Monday.
Senior Judges Hiram Carpenter of Blair County and Anthony Vardaro of Crawford County have been filling in on the bench during Toothman’s leave of absence, and it’s now expected for them to continue in that part-time role next year, pending AOPC approval. Toothman had already announced he would not run for retention next year, so his seat on the Court of Court Common Pleas in Greene County will be open for election next November.
Toothman was nominated by former governor Ed Rendell in March 2009 to fill the seat vacated when H. Terry Grimes retired, and he was confirmed by the state Senate seven months later. Toothman won a full 10-year term on the bench in 2011, and later took over as president judge upon William Nalitz’s retirement. His term is set to expire in January 2022.
“As I surrender the gavel and my record to the past, I realize that even in these very unusual times, it will also be at the beginning of something else,” Toothman said in his statement. “But as it has always been for me … serving the people of Greene County is an honor and privilege, for which I will always be grateful.”