City judge's girlfriend files complaint against Krasner; DA wants judge recused

Kristen Johanson
April 09, 2019 - 3:33 pm
Larry Krasner

Cherri Gregg/KYW Newsradio

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PHILADELPHIA (KYW Newsradio) — Philadelphia District Attorney Larry Krasner is trying to get city Judge Scott DiClaudio to remove himself from pending cases involving the prosecutor’s office, because DiClaudio's girlfriend has filed a discrimination complaint against Krasner. 

In a series of motions, Krasner said the judge can't be impartial. 

The motion — filed for dozens of cases — claims DiClaudio's "domestic relationship" with former Assistant District Attorney Cathy Smith calls his impartiality into question.

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Krasner fired Smith in February, and Smith has filed a wrongful termination complaint with the city's Commission on Human Relations, claiming she was discriminated against and fired because she's white.

Krasner also wrote that DiClaudio violated the judicial code of conduct, claiming he asked district attorney supervisors to promote Smith within the office. 

Krasner has asked DiClaudio, who deals mostly with drug and theft cases, to remove himself from all city criminal cases.

The Philadelphia District Attorney's Office did not comment on the issue, and, per court policy, judges cannot comment on individual cases.

DiClaudio postponed all court proceedings listed for Tuesday until next week.

DiClaudio is not married to Smith. Krasner is married to city Civil Court Judge Lisa Rau.