A series of court orders in a criminal case pending against the daughter of city Magisterial District Judge Aurelis Figueroa has led to Figueroa’s temporary disqualification from all new and existing criminal cases and to the appointment of an outside judge and prosecutor to handle her daughter’s prosecution.
Figueroa is one of two magisterial district judges (MDJs) who handle the initial stages of criminal cases arising in Lebanon city. Her daughter, Zaelys DeArce, a 2021 candidate for Lebanon City Council, was charged by city police last July for her alleged role in assault inside a grocery store.
Lebanon County President Judge John Tylwalk issued an order on Dec. 6 reassigning all of Figueroa’s criminal cases to other county MDJs and requesting the appointment of an out-of-county judge to handle all stages of DeArce’s prosecution.
As a result, the Pennsylvania Supreme Court assigned Lancaster County Senior Judge Harold Knisely to preside over DeArce’s case. Knisely issued an order on Jan. 31 removing Lebanon County District Attorney Pier Hess Graf’s office from the case. DeArce’s prosecution will be handled by the Pennsylvania Attorney General.
City police have charged DeArce with simple assault, disorderly conduct for engaging in fighting, and criminal conspiracy as the result of an incident alleged to have occurred on the evening of July 15, 2024. According to an affidavit filed in court by Patrolman Andrew Thomas, DeArce, 22, and a juvenile girl are accused of assaulting a woman inside the Giant grocery store at 835 Bowman St.
In court filings seeking the removal of the county’s DA, DeArce alleged that negative comments made by Hess Graf about Figueroa, but not about DeArce, created a conflict of interest.
In 2023, Hess Graf publicly criticized Figueroa for reducing the bail of Alex Torres Santos, who was facing felony charges. Hess Graf had not appealed the bail reduction. Weeks after his release on the lowered bail, Torres Santos is alleged to have violated house arrest and participated in a triple murder.
Through her attorney, DeArce alleged that “the current District Attorney of Lebanon County, and her deputy attorneys, have publicly expressed their disapproval and animus towards MDJ Figueroa because of [Figueroa’s] handling of cases prosecuted by District Attorney Graf’s office.”
DeArce’s attorney added that her client once worked for the DA, and that Hess Graf and Deputy District Attorney Amy Muller “are aware that Defendant is Judge Figueroa’s daughter.”
Hess Graf’s office had also filed a disciplinary complaint against Figueroa, the details of which have not been made public.
In explaining his decision to remove the county’s DA, Knisely stated that he found “no direct conflict with the DA or her assistant [Deputy DA Amy Muller] and the MDJ’s daughter.”
“However,” Knisely said, “due to negative statements about the MDJ and attorneys from the DA’s office filing complaint [sic] to the Judicial Conduct Board, there could be a perception of a conflict of interest (either positively or negatively toward the defendant) however slight.”
According to online court records, the criminal case against DeArce is in its early stages, and a preliminary hearing has yet to be held.
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