Philadelphia judge faces ethics complaint over role in wife's cheesesteak shop
A Philadelphia judge's role in a cheesesteak shop owned by his wife has prompted a panel to allege he's violated the state's ethics rules.
The Pennsylvania Judicial Conduct Board on Tuesday filed a complaint against Common Pleas Judge Scott DiClaudio over Shay's Steaks, a high-end cheesesteak restaurant that opened more than a year ago a few blocks from city hall.
"This complaint is such a farce," DiClaudio, who is acting as his own lawyer, said in a phone interview Tuesday evening. "People do not come to Shay's because a judge may make their cheesesteak."
"I have a support role, which I'm permitted to have," he said. In a podcast interview cited by the board, DiClaudio discussed decisions about pricing, ingredients, salary levels for employees and competing restaurants.
"I don't mind charging $19, because I'm giving you a better quality steak," DiClaudio said on the podcast.
Lately, he said, health issues and the demands of having a young child have limited his time in the business. As a criminal court judge, his focus these days is on court actions filed by defendants after they have been convicted.
The Judicial Conduct Board investigates and prosecutes possible instances of judge misconduct in Pennsylvania. The case will be heard by the Court of Judicial Discipline.
The board complaint notes that news coverage of the restaurant in Philadelphia, where cheesesteaks are the subject of perpetual public interest, has noted he is a judge. One story referred to him as "whiz honor" — a reference to the use of Cheez Whiz on some cheesesteaks.
If anything, DiClaudio said, his role in the restaurant may be improving the image of judges in the minds of his fellow Philadelphians, giving them "confidence in the judiciary — that we're not all robots."
Shay's Steaks is named for his late mother and the luncheonette his parents ran for more than two decades in South Philly.
The complaint references several news stories about the restaurant that describe him as a judge.
"I had no idea what they were going to write," DiClaudio said. "I had no say in the editing process until I saw it myself."
He noted a sign at the restaurant states Jackee DiClaudio is the owner — the couple lives in the same building as the restaurant. He said Shay's Steaks has never used an image of him in judicial robes or described him as a judge in advertising materials. He says he's never been paid for his work there, and that the profits go to his wife.
DiClaudio is accused of falling short of a requirement that judges always act in a way that promotes public confidence in the independence, integrity and impartiality of the judiciary. Another allegation is that he violated a rule that judges "not abuse the prestige of judicial office to advance the personal or economic interests of the judge or others, or allow others to do so."
County judges such as DiClaudio may not have other employment that would in any way interfere with their judicial duties and responsibilities, said Sam Stretton, a prominent judicial ethics lawyer. He has represented DiClaudio in the past, and may again in the current matter.
"He's very proud of his wife and what she's doing there," Stretton said. "Sure, he gives input but I don't see that as being prohibited. The issue he's got to deal with is: Is there self-promotion here?"
Complicating the case is that DiClaudio is currently on probation under a decision by the Court of Judicial Discipline that involved tax liens and an unpaid bill. He was found to have not acknowledged debt on his financial disclosure forms and did not obey court orders, leading to repeated contempt citations against him, the court said.
He was suspended without pay for two weeks, so in order to qualify for a pension and retiree health care he needs to serve two additional weeks after his term expires in January 2026. A Democrat, he is seeking retention to another 10-year term. If he wins retention he says he is considering retiring early next year.
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