IN RE: Judge Marissa J. Brumbach Municipal Court Judge 1st Judicial District Philadelphia County
No. 2 JD 2022
Court of Judicial Discipline of Pennsylvania
February 9, 2023
JUDICIAL CONDUCT BOARD'S REPLY TO RESPONDENTS OMNIBUS MOTION
AND NOW, this 9th day of February, 2023, comes the Judicial Conduct Board of the Commonwealth of Pennsylvania (Board) by undersigned counsel and files this Reply to Respondent's Omnibus Motion.
1. Admitted.
2. Admitted in part. The Notice of Full Investigation was dated June 21, 2022 and was delivered to Judge Brumbach on June 22, 2022. The remaining information in this paragraph is admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
11. Admitted.
12. Admitted.
13. Denied. The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
14. Denied. The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
15. Denied. The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
16. Denied. The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
17. Denied. The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
18. Denied. The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
19. Denied. The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
20. Denied. The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
21. Admitted in part. The cases scheduled in Traffic Court on the relevant date, January 6, 2022, were listed in three time slots: 9:00 a.m.; 1:00 p.m.; and 2:30 p.m. The Board is without sufficient knowledge or information to form a belief as to the truth or accuracy of the statement regarding dates other than January 6, 2022.
22. Admitted in part, denied in part. Insofar as the statement contains “example[s]" of possible outcomes for any given ticket, but does not contain all possible outcomes, it is admitted. It is denied that "relatively few ticketholders"" appear for their hearing[.]" To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
23. Denied. Pursuant to Pa.R.Crim.P. 1031, ticket holders who fail to appear for the trial consent to the trial being conducted in their absence.
24. Denied. The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. To the extent that
this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
25. Denied. The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
26. Denied. The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
27. Denied. The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
28. Admitted in part, denied in part. Insofar as the statement indicates that "not one of the citations at issue was marked straight guilty or not guilty, it is admitted. It is denied that the "determination was made based upon consideration of the parties' competing positions/' The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
29. Denied. The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. To the extent that
this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
30. Denied. The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
31. Denied. The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
32. Denied. The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
33. Denied. The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
34. Denied. This paragraph contains a legal conclusion to which no response is necessary. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
35. Denied. The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. To the extent that
this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
36. Denied. This paragraph contains a legal conclusion to which no response is necessary. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested. By way of further response, if this paragraph is deemed to be accurate, then the converse is also accurate, that with electronic docket entry of court action, a resulting adjudication does occur.
37. Denied. This paragraph contains a legal conclusion to which no response is necessary. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
38. Denied. This paragraph contains a legal conclusion to which no response is necessary. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
39. Denied. The Board is without sufficient specific knowledge or information to form a belief as to the truth or accuracy of the statement. To the extent that this paragraph is construed to set forth factual allegations, they are denied and strict proof thereof is requested.
40. Admitted.
41. Admitted.
42. Denied. The...
