Nolle prosequi is one of those formal, Latin phrases that abounds in the law. Translated to English as “not to follow,” in court it refers to a charge that isn’t pursued, often because of a plea deal where other charges were completed.
On Tuesday, Allegheny County Judge Mark V. Tranquilli submitted his resignation. He was due to appear before the Judicial Conduct Board on Wednesday to face a misconduct trial on six separate charges of racist or harassing behavior.
It is not known whether Tranquilli’s resignation is part of a plea. It may not be a de facto acknowledgement of the accusations — that he treated Black people in his courtroom in a derogatory manner, that he referred to a Black female juror as “Aunt Jemima” during a conversation in chambers, that he became “visibly upset” when a man was acquitted of drug charges, that he used Ebonics when speaking to a Black couple.
But ex facie — “on the face” — it seems that way. And if it is, then Tranquilli should be acknowledged as taking one last judicious step from the bench by leaving it.
A judge should not make assumptions about anyone entering the courtroom based on skin color or background or income. A judge absolutely cannot be so malum in se — indisputably wrong — as to openly allow the courtroom to be a place where people are not treated equally. The voice of justice is not that of ridicule or abuse.
Tranquilli did accept culpability ipse dixit — in his own words — in an August apology letter to his colleagues.
“I sincerely apologize for my irresponsible words and the pain caused to our community and courts,” he wrote six months after the behavior came to light.
Apologies are nice, but this one was insufficient: It went to those who worked in the court system, not those judged by it or pleading for help or offering testimony or sitting in the jury box. Those are the people who have no choice in entering the courtroom and those most likely to be damaged by bias and prejudice.
Tranquilli’s resignation is a way to make things right for them.
“This shows Pennsylvania, the Black community and the community at large that judges are not above reproach. … They have to take the consequences of their wrongdoing as it impacts everyone,” said Lena Henderson of the Pittsburgh Black Lawyers Alliance.
Nolo contendere. No contest.
