Disciplinary board tosses complaint against Allegheny County District Judge Xander Orenstein

The Pennsylvania Judicial Conduct Board has dismissed a complaint by a state legislator against controversial Allegheny County District Judge Xander Orenstein about how they handled bail for defendants.

In a letter dated Feb. 14, Melissa Norton, chief counsel for the board, said its review, requested by state Rep. Valerie S. Gaydos, R-Sewickley, had been completed.

“The board has determined that the result of its inquiry does not support a finding of probable cause of any judicial misconduct,” Norton wrote.

There is no appeal process, the letter said, and the decision is final.

The conduct board is a state agency that investigates complaints of misconduct against judges.

Orenstein declined Thursday to comment, as did court administration.

Orenstein has come under fire repeatedly over the last two years for bail decisions made in criminal cases — so much so that in April, Orenstein was barred by Allegheny County court adminstrators from presiding over arraignments in criminal cases, one of the fundamental responsibilities of district judges.

That prohibition remains in place, according to court administration.

Gaydos sent a letter to the state conduct board in October asking for an investigation into Orenstein for “repeated and deliberate failure to impose reasonable bail conditions on severe violent offenders.”

She was prompted by the stabbing death of state Liquor Control Enforcement Agent Benjamin Brallier on the Montour Trail on Oct. 21.

Anthony Quesen, a homeless man, has been charged with homicide in that case.

At the time of the stabbing, Quesen was out on bond after being charged in a robbery at Point State Park in which the victim sprained his knee.

During Quesen’s June 2023 hearing, Orenstein followed the recommendations made by the court’s risk assessment unit which suggested releasing Quesen on nonmonetary bond, meaning he did not have to secure his release with any money or collateral.

However, after Brallier’s death, several politicians targeted Orenstein’s actions in the Quesen case and others. They included releasing a New York man suspected of having more than $1 million in fentanyl who later fled the jurisdiction and another man accused of leading police on a dangerous, high-speed chase despite a recommendation from pre-trial services to hold him.

“There is sufficient evidence to suggest that Judge Orenstein is incapable of faithfully and responsibly applying the laws of this commonwealth in violation of the Code of Judicial Conduct,” Gaydos wrote in her request for an investigation.

On Thursday, Gaydos said she was disappointed in the conduct board’s decision but not surprised.

“Having poor judgment, sadly, is not a crime,” Gaydos said. “But that’s the role of a judge.”

The idea of impeachment, Gaydos said, is still simmering, but she noted it is a lengthy, expensive process.

She suggested the voters should decide. Orenstein won election in 2021 to a six-year term.

“I would vote him out,” Gaydos said. “I hope his own constituents recognize what a poor judge he is.”