Share:
House Co-Sponsorship Memoranda
House of Representatives
Session of 2023 - 2024
Regular Session
MEMORANDUM
| Posted: | October 28, 2024 02:47 PM |
|---|---|
| From: | Representative Natalie Mihalek and Rep. Jill N. Cooper, Rep. Joshua D. Kail, Rep. Robert W. Mercuri, Rep. Marci Mustello |
| To: | All House members |
| Subject: | Impeachment of Magisterial District Judge (MDJ) Xander Orenstein Resolution |
| In the near future, we intend to introduce a resolution calling for the impeachment of Magisterial District Judge (MDJ) Xander Orenstein as a result of MDJ Orenstein’s repeated and deliberate failure to impose reasonable bail and safety conditions on severe violent offenders. In June of last year, MDJ Orenstein inexplicably allowed Anthony Quesen, a man who was accused of viciously assaulting and robbing a victim in Point State Park and evading arrest, to walk free on nonmonetary bail. Although Mr. Quesen was homeless, was charged with several serious violent offenses, and had demonstrated an unmistakable intention of avoiding accountability by attempting to evade arrest, MDJ Orenstein evidently determined that Mr. Quesen did not constitute a flight risk or pose a danger to the community. Predictably, Mr. Quesen not only failed to appear at his court dates, but also committed another violent offense when he attacked and murdered Pennsylvania State Police Liquor Control Enforcement agent Benjamin Brallier, who had been jogging along the Montour Trail in Allegheny County. Following the cold-blooded killing of Mr. Brallier, Allegheny County Councilman At-Large Sam DeMarco called for the “immediate resignation” of MDJ Orenstein, stating “we have long feared that Judge Orenstein’s reckless pattern of letting dangerous suspects back on the street would cost a life. Now it has. And Xander Orenstein must be removed from the bench before the public loses all faith in the justice system.” Mr. DeMarco noted that earlier in 2024, the President Judge of Allegheny County had prohibited MDJ Orenstein from presiding over criminal arraignments following other instances in which MDJ Orenstein released dangerous criminals back onto the streets without sufficient bail conditions.1 In one such instance, MDJ Orenstein released a New York native accused of bringing in millions of dollars’ worth of controlled substances into Allegheny County on nonmonetary bail. After the New York native absconded, District Attorney Stephen Zappala, referring to MDJ Orenstein, stated “this is not a judicial officer, or not what a judicial officer should do.” The public relies on judges to make decisions that balance the rights of the accused with the safety of the community. MDJ Orenstein’s inability to faithfully and responsibly apply the laws of this Commonwealth to protect our communities amounts to a dereliction of duty. Indeed, consistently releasing dangerous violent offenders into the public without considering the potential harm they may cause implies either gross incompetence or a willful disregard for one’s judicial obligations. Regardless of the source of MDJ Orenstein’s failures, it is clear that his immediate removal from the bench is necessary to prevent further harm and loss of life, uphold judicial standards, and restore confidence in the criminal justice system. |
Memo Updated: October 28, 2024 02:48 PM