Montco MDJ Facing Ethics Charges Over Alleged Politically Motivated Rants, Threats
Montgomery County Magisterial District Judge William Maruszczak has been hit with a complaint by the Judicial Conduct Board alleging he angrily confronted—and, on two occasions, threatened—several acquaintances who backed his political opponent in the run-up to the 2015 election.
March 01, 2018 at 11:56 AM
6 minute read
Montgomery County Magisterial District Judge William Maruszczak has been hit with a complaint by the Judicial Conduct Board alleging he angrily confronted—and, on two occasions, threatened—several acquaintances who backed his political opponent in the run-up to the 2015 election.
The six-count complaint, filed Tuesday, also alleged Maruszczak failed to recuse himself from cases involving a friend who once had the judge as a guest at his beach condo.
According to the complaint, Maruszczak was up for re-election in 2015 and was challenged for the seat in the primary and general elections by local attorney Ian Kingsley.
The complaint alleged that, at some point around the May primary, Maruszczak confronted Marcene Rogovin at a polling place in Conshohocken because he had been told she was working on behalf of Kingsley there. Rogovin is the widow of Charles Rogovin, one of Maruszczak's former professors at Temple University Law School. (Maruszczak has a law degree but is not licensed to practice law, according to the complaint.)
“This is my livelihood!” Maruszczak allegedly shouted at Marcene Rogovin, according to the complaint.
Maruszczak then allegedly told Rogovin he would call her husband, who was still alive at the time, and complain about her supporting Kingsley. The complaint said Maruszczak did use his cellphone to make the call but could not get through, so he left a voicemail stating that Marcene Rogovin was working against him and that she needed to stop because Charles Rogovin was his friend.
According to the complaint, the day after the general election—which Maruszczak won—the judge, upon learning that Marcene Rogovin had continued to work for Kingsley on Election Day, called Charles Rogovin again and left a voicemail, in which he allegedly said, “Marcy worked against me yesterday, and I still won the election. Next week, after I return from vacation, I will hold a press conference and charge that Marcy covered up an accident when [former Philadelphia Municipal Court Judge] Joe Waters visited your house earlier this year. She started this and I am going to finish it!”
In its complaint, the JCB said Marcene Rogovin was not involved in any such cover-up and Maruszczak did not actually intend to hold a press conference to that effect.
Robert DeFelice, a former member of the Montgomery County Republican Committee, also allegedly incurred Maruszczak's ire during the 2015 race. Maruszczak had allegedly made several requests for DeFelice's political support but was spurned each time, according to the complaint. As the primary election approached, Maruszczak was informed that DeFelice was supporting Kingsley. The judge confronted DeFelice at another local polling station on the day of the primary, calling him “Judas Iscariot” and a “liar” and accusing him of stealing his yard signs, the complaint said.
Upper Merion Township Supervisor Carole Kenney was the third acquaintance allegedly confronted by Maruszczak for supporting Kingsley, according to the complaint. Kenney and Maruszczak had become acquainted when the judge contacted the supervisor in her official capacity asking her to help a friend who was having trouble with the Federal Emergency Management Agency related to a flood insurance claim. They occasionally saw each other at community gatherings after that but were not personal friends, the complaint said.
In October 2015, just before the general election, Maruszczak saw Kenney canvassing neighborhoods on behalf of Kinglsey and told her he was surprised and disappointed, according to the complaint. Kenney told Maruszczak that her support of Kinglsey was not meant as a personal affront but the judge allegedly replied that if something bad happened to Kenney in the future, she would know why, the complaint said. When Kenney asked Maruszczak if he was threatening her, he denied it, but, as Kenney was walking away, he allegedly told her there would be “payback” for her actions, the complaint said.
The complaint also charged Maruszczak with failing to recuse from several matters involving his friend Jalil Bami, the proprietor of Milanj Diamonds in the King of Prussia Mall. According to the complaint, Maruszczak has attended at least two events at Bami's home and was a guest at Bami's beach condominium at the Jersey Shore. Bami also contributed $400 to Maruszczak's reelection campaign.
Despite this relationship, Maruszczak presided over a case in which Bami sued his former fiancee. The judge also failed to recuse himself from 26 false-alarm nontraffic citation cases against Milanj Diamonds until after receiving notice of the JCB's investigation, the complaint alleged.
Maruszczak is charged with violating Canon 4, Rule 4.2(A)(1) of the Rules Governing Standards of Conduct of Magisterial District Judges, which prohibits MDJs from engaging “in political or campaign activity that is inconsistent with the independence, integrity, and impartiality of the judiciary.”
The judge is also charged with violating Canon 1, Rule 1.2, which requires MDJs to promote confidence in the judiciary; Canon 2, Rule 2.11(A)(1), which requires judges to recuse in situations where their “impartiality might reasonably be questioned”; and Canon 1, Rule 1.1, which requires judges to comply with the law.
Maruszczak's alleged violation of the MDJ rules also triggered an automatic violation of Article V, Section 17(b) of the state constitution. The JCB also charged him with violating the disrepute clause of Article V, Section 18(d)(1) of the constitution.
West Chester attorney Samuel C. Stretton represents Maruszczak and said it was his view that his client's actions did not rise to level of ethics violations.
“In essence, the bulk of it is him feeling betrayed by what he thought were his friends and expressing his upsetness,” Stretton said, adding, “Could he have handled things better? Sure. I'm not giving him an Academy Award here, but judges are human.”
As for Maruszczak's alleged failure to recuse from Bami's matters, Stretton said, ”If every district judge had to recuse himself or herself because they knew someone they'd never be in their own district.”
Stretton added that part of what makes an effective MDJ is knowing the community well.
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