The state Supreme Court has upheld the suspension of a former state representative who posted partisan messages on Facebook while serving as a county judge.

Mark Cohen argued that his social media posts were protected speech but the court held that they went too far.

Cohen, 77, is now retired due to the state’s mandatory retirement age of 75 for judges. But in the opinion released this week, the Supreme Court spelled out a new rule on how to balance the free speech rights of judges against the need to ensure the public that the justice system is impartial.

The Court of Judicial Discipline ruled in 2024 that Cohen’s social media posts impermissibly promoted Democratic politicians and policies supported by Democrats.

That decision found “Cohen’s posts had created an appearance of partiality and ‘called into question the independence of the judiciary,” according to the opinion written by Justice Kevin Dougherty.

In Dougherty’s decision, the justices articulated a balancing test to consider the judge’s right of expression against the need to protect “the efficiency of the administration of justice, including the independence, integrity, and impartiality of the judiciary.”

In doing so, the justices couldn’t ignore the fact that Cohen posted often and did so in such a one-sided fashion that he “appeared to be an advocate for the Democratic Party,” Dougherty wrote.

“When, as here, a sitting judge adopts the persona of a political party spokesperson and abuses the prestige of his office to advance that party’s interests, he detracts from the reputation of the entire judiciary. The Commonwealth has not just a right, but a duty, to regulate that behavior,” the justice wrote.

Dougherty’s opinion included 14 comments from Cohen’s Facebook page but the justice noted that investigators flagged 60 posts.

His Facebook page now describes him as a “retired public servant” who served more than 40 years in the state House and seven years on the bench.

And he has continued to post what appear to be partisan comments on Facebook even as the courts have been pondering his suspension.

Judicial officials began investigating Cohen’s social media use in 2021 after a citizen complained.

Judge Margaret Murphy reviewed Cohen’s Facebook posts and determined that while the issue raised by the citizen was unfounded, she had her own concerns about other posts, including one showing Cohen in his judicial robes and another bragging that as a state legislator, Cohen had always gotten “F” grades from the National Rifle Association.

Murphy and Judge Idee Fox, then the president judge of the Philadelphia Court of Common Pleas, met with Cohen to discuss his social media use.

Cohen reportedly removed the photo of himself in judicial robes from his Facebook page but he continued to post comments.

Murphy reported Cohen to the Judicial Conduct Board after she determined that Cohen was not planning to do so himself.

Scrutinized Facebook posts

– Nov. 9, 2022: “My friend and former House colleague Josh Shapiro, whose father Dr. Steve Shapiro was a classmate of mine at Central High, has been elected P[A]’s Governor. I have no doubt he is up to the job.”

– July 28, 2022: “A very good point!” while reposting a cartoon of Lisa Simpson making a speech, with a projection screen behind her with the text: “Trickle-down economics has never gotten Billionaires to spread the wealth. That’s what unions are for.”

– Nov. 6, 2021: “One year ago, our country voted for massive change. We are starting to get it, but more can be done.”

Recent posts

– On Dec. 20, 2025, he posted: “Every time something goes wrong, Donald Trump blames Joe Biden, whom he apparently believes is the most powerful man in Washington. I wish Joe Biden was all-powerful. We have a much better country.”

– The same day, he commented, “Unfortunately, she’s right!” while reposting a news article headlined: “Democrat Rep. Debbie Wasserman Schultz says Trump is a bigger threat to America than radical Islamic Jihadist terrorists.”

– A few days earlier, he commented, “Unfortunately, true!” while reposting this quote: “I’m no supporter of Donald Trump, but I”ll give him this: he’s held up a mirror to society and shown us exactly who among us harbors hatred, bigotry and self-interest above all else. I never knew there were so many evil people living among us.”