In re Michael R. Muth Magisterial Dist. Judge Magisterial Dist. 43-2-02 43RD Judicial Dist. Monroe Cnty., 2 JD 2017
| Decision Date | 23 August 2018 |
| Docket Number | 2 JD 2017 |
| Parties | IN RE: Michael R. Muth Magisterial District Judge Magisterial District 43-2-02 43rd Judicial District Monroe County |
| Court | Pennsylvania Court of Judicial Discipline |
Magisterial District Justice Michael R. Muth, by and through his counsel Lamb McErlane, PC, submits the following Findings of Fact and Conclusions of Law in support of his request that the Complaint against him be dismissed:
I. FINDINGS OF FACT
1. Judge Muth started as a Magisterial District Judge in January 2006 and was subsequently reelected twice. (pg 110 - 6/5/18 trial transcript)
2. Judge Muth was a part-time public defender for Monroe County and held that position until he retired after the election to the bench. (pg 110 - 111 - 6/5/18 trial transcript)
3. Judge Muth worked in private practice doing primarily domestic relations work. (pg 111 - 6/5/18 trial transcript)
4. Judge Muth worked as the solicitor for the county mental health and mental retardation programs. He was also the solicitor for the county aging office dealing with their affairs and
guardianships. He held these positions over 15 years. (pg 111 - 6/5/18 trial transcript)
5. Judge Muth is married to Margaret and they have one child, Jacob, who is 12 years old. He has a daughter from a previous marriage. (pg 112 - 6/5/18 trial transcript)
6. Judge Muth served on the board of directors for a program called Youth Employment Services. (pg 112 - 6/5/18 trial transcript)
7. Judge Muth was on the board of directors for the Carbon, Monroe, Pike Drug & Alcohol Commission. (pg 113 - 6/5/18 trial transcript)
8. Judge Muth coached boys' baseball for about 15 years. He switched to girls softball which he coached for another 15 years. (pg 113-114 - 6/5/18 trial transcript)
9. Judge Muth also coached girls' basketball. He coached the Notre Dame Jr. High School team in East Stroudsburg. He also coached AAU basketball. (pg 114 - 6/5/18 trial transcript)
10. Judge Muth became involved with the Monroe County Bar Association's mock trial program. (pg 114 - 6/5/18 trial transcript)
11. Judge Muth was the editor of the Legal Reporter in Monroe County. Judge Muth has done mock trials in Monroe County and has coordinated that for years. (pg 153 - 6/5/18 trial transcript)
12. As a magisterial district judge, Judge Muth scheduled court three days a week, Tuesday, Wednesday and Thursday. Mondays were used for truancy conferences. He also performed weddings on Thursdays and Fridays. (pg 116 - 117 - 6/5/18 trial transcript)
13. Judge Muth's typical day started at 9 and most of the work he had scheduled was completed by noon to 1:00. (pg 117 - 6/5/18 trial transcript)
14. MDJ Muth believed that his computer screen was positioned in a manner so that only he could view it. (Paragraph 16, Answer and New Matter of MDJ Muth)
15. Kathy Goida worked for Magisterial District Justice Michael Muth as an advance district justice technician from 2006 until 2013 when she moved to a different court. (pg. 17-18 - 6/5/18 trial transcript)
16. While Kathy Goida was working for Judge Muth, she had on numerous occasions, entered his chambers. (pg.19 - 6/5/18 trial transcript)
17. Kathy Goida saw more than one computer on Judge Muth's desk. He had a desktop computer and a county-issued laptop. The desktop computer that Kathy Goida saw Judge Muth use was his personal equipment and Kathy Goida knew that because MDJ Muth brought it with him to the office. (pg 19-20 - 6/5/18 trial transcript)
18. There were only three different instances over seven years where Kathy Goida saw the subject images on Judge Muth's computer screen. (pg 21 - 6/5/18 trial transcript)
19. When Kathy Goida saw these images on Judge Muth's computer screen she did not say anything to MDJ Muth, she just turned around and went back to her desk. (pg 28 - 6/5/18 trial transcript)
20. Judge Muth would minimize the screen before Kathy Goida entered his chambers. (pg 29-30 - 6/5/18 trial transcript)
21. It was a matter of seconds in which Kathy Goida observed the subject photographs. (pg 33 - 6/5/18 trial transcript) 22. Once Kathy Goida was aware that Judge Muth viewed such photographs, she would announce herself in some fashion upon entering his office. After that, she never saw Judge Muth looking at any similar types of photographs. (pg 33-34 - 6/5/18 trial transcript)
23. Judge Muth never purposely showed Kathy Goida the subject photos and there were no such photos displayed for anyone's observation upon entering his chambers. (pg 34 - 6/5/18 trial transcript)
24. Kathy Goida didn't know if Judge Muth was aware that she saw the photos on Judge Muth's personal screen. Judge Muth did not make any movements that would suggest that he wanted her to see the pictures. (pg 35 - 6/5/18 trial transcript)
25. In the performance of her duties, Kathy Goida never had the occasion to use his personal computer. (pg 36 - 6/5/18 trial transcript)
26. After Kathy Goida saw Judge Muth viewing an image of a naked or partially naked woman on his personal computer for the first time, she did not report it to anybody. (pg 36 - 6/5/18 trial transcript)
27. After Kathy Goida saw the photos she did not asked to be reassigned or not to work with Judge Muth. (pg 37 - 6/5/18 trial transcript)
28. No one ever said anything to Kathy Goida concerning the photos. (pg 39 - 6/5/18 trial transcript)
29. Amy VanNorman works at District Court 43202 in Monroe County, Pennsylvania in Judge Michael Muth's court and was hired on July 1, 2013. (pg 43 - 6/5/18 trial transcript)
30. Amy VanNorman saw two desk top computers and one laptop computer in Judge Muth's chambers. (pg 44-45 - 6/5/18 trial transcript) 31. Amy VanNorman saw Judge Muth look at a subject photo one time in September/October 2013 on his personal computer. (pg 55 - 6/5/18 trial transcript)
32. Amy VanNorman did not hear any sound or noise coming from the computer. (pg 45 - 6/5/18 trial transcript)
33. After Amy VanNorman saw the image on Judge Muth's computer, she changed her behavior upon entering Judge Muth's chambers and she never witnessed him looking at images like that on his computer again. (pg 47 - 6/5/18 trial transcript)
34. On the occasion when Amy VanNorman went into Judge Muth's chambers and saw the photo, she did not knock or make any announcement upon entering. (pg 48 - 6/5/18 trial transcript)
35. Respondent's Exhibit 2 relatively accurately depicts the overall chambers and Judge Muth's office. (pg 56 - 6/5/18 trial transcript)
36. Amy VanNorman never had an occasion to be on the computer (right below the K) upon which she saw the image that one time. (pg 57 - 6/5/18 trial transcript)
37. When Judge Muth was facing his computer, his body would be in front of the computer screen, and the door through which Amy VanNorman would have entered would be way up to the left-hand side at the top of that room. (pg 58 - 6/5/18 trial transcript)
38. When Amy VanNorman saw the photo in October 2013 it was a very small thumbnail photo because it was minimized and in one corner of the screen. (pg 58-59 - 6/5/18 trial transcript)
39. Amy VanNorman did not know if Judge Muth heard her come into the room when she observed the photo that one time in 2013. (pg 59 - 6/5/18 trial transcript) 40. Amy VanNorman is aware that Judge Muth is hearing impaired and wears hearing aids. (pg 59 - 6/5/18 trial transcript)
41. Amy VanNorman only saw the minimized picture for five to ten seconds. She was there long enough to ask him a question and then go. (pg 60 - 6/5/18 trial transcript)
42. From the time Amy VanNorman first saw the photo through the present, five years later, she never saw anything else that would cause her any type of concern or consternation. (pg 60 - 6/5/18 trial transcript)
43. Judge Muth never purposefully showed Amy VanNorman any type of pornography photos or videos. (pg 62 - 6/5/18 trial transcript)
44. Judge Muth did not have any types of naked or partially naked displays in his office or chambers. (pg 62 - 6/5/18 trial transcript)
45. Amy VanNorman never observed Judge Muth's viewing of photos impacting his ability to carry on his judicial-related functions. (pg 64 - 6/5/18 trial transcript)
46. Meredith Pelak-Rea worked for Judge Muth for ten years from March 2, 2006 until the end of April 2016. (pg 82 - 6/5/18 trial transcript)
47. Meredith Pelak-Rea has contact with Judge Muth approximately twice a week in her current employment. (pg 82 - 6/5/18 trial transcript)
48. Meredith Pelak-Rea saw more than one computer in Judge Muth's chambers. He had two computers that were state or county issued and one personal computer. Judge Muth's personal computer had an older style monitor and a tower. Meredith Pelak-Rea believed Judge Muth owned the personal computer because he brought it with him when he became a judge. (pg 84 - 6/5/18 trial transcript) 49. Meredith Pelak-Rea saw an image of scantily clad women when she walked in to Judge Muth's office. Judge Muth was trying to minimize the screen quickly. She did not knock on the door before she entered. (pg 86 - 6/5/18 trial transcript)
50. After seeing the image, Meredith Pelak-Rea changed the way she approached Judge Muth's office. She would announce herself or make a lot of noise to let him know she was entering. (pg 87 - 6/5/18 trial transcript)
51. Meredith Pelak-Rea saw those images on Judge Muth's computer only one time sometime between 2006 and before 2013. After that occasion, she started announcing herself and it did not happen again. (pg 87 - 88 - 6/5/18 trial transcript)
52. Meredith Pelak-Rea never had an occasion to go on or use Judge Muth's personal computer. (pg 96 - 6/5/18 trial transcript)
53. The computer closest to the wall or window was Judge Muth's personal computer or the one down by the right corner on Exhibit 2. (pg 98 - 6/5/18 trial transcript)
54. On the one occasion where Meredith Pelak-Rea saw the...
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