Even NJ Municipal Court Judges get in trouble for their bad conduct.
Sep 26th, 2007 | By Michael L. Saile, Jr., Esq. | Category: Blogs, Criminal & TrafficA Formal Complaint was recently filed by the Advisory Committee on Judicial Conduct of the Supreme Court of New Jersey against a certain NJ Municipal Court judge who presides in East Orange and Irvington Municipal Courts.
The Complaint alleges that this NJ Municipal Court judge met in her chambers “ex parte” (without the prosecutor’s presence, which could be a violation) and dismissed a “friend’s” NJ traffic violation, which was a result of an NJ traffic accident. Not only was the NJ traffic ticket and corresponding DMV and insurance points dismissed, but this NJ Municipal Court Judge also dismissed the court costs associated with the NJ traffic violation.
The Advisory Committee has cited this NJ Municipal Court judge with at least five violations of the Canons of the Code of Judicial Conduct. There has been no formal ruling by the NJ Supreme Court on this matter yet. At this point, the Formal Complaint against this NJ Municipal Court judge is merely an allegation. We will keep you posted on the final outcome.
See the Formal Complaint here: NJ Municipal Court Judge Formal Complaint.pdf
Do you think this is fair? How does the NJ accident victim feel about this alleged misconduct? What do you think should happen to the NJ Municipal Court Judge? Should she be allowed to continue to be a judge in New Jersey? Should she be allowed to practice law in NJ?
The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law. Check out our website for DUI penalties. We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts. We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Morrisville, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts. We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA. We are located just outside of Philadelphia in lower Bucks County.
Well, this is very disturbing, but not completley unexpected.
Was the person who met with the Judge in chambers “ex parte” also an attorney? If so, this attorney should also be caaled into question.
As I have been doing a lot of reasearch on the internet lately about NJ Municipal Court, I di come across something that said all proceedings must be done on record, on tape, in open Court!
How can I contact the Advisory Committee?
Ad you know about my case, I am going to most likely have the need to move quickly at some point in contacting this Advisory Committee.
To answer your question. Absoluley not, this Judge should not be allowed to be a judge or practice law in New Jersey!
I really believe more things like this are going to pop up in the near future.
New Jersey Minicipal Court’s have become far too concerned with collecting money and metophoricaly strongarming defanants out of their rights to Due Process!
In this case you posted above, it is the extreme on the other side, and is also wrong!
Victims have Rights too. And even though cases like this can be sealed from use in civil action, it is still totally wrong.
You know how many people are involved in traffic accidents everyday in New Jersey, a lot! And peoiple get tickets even they think it was a no fault accident! In these cases , 99.999 percent of the time, the person ticketed loses the case, most likely out of sheer strongarming by the prosecutor to deny the defandant a chance for Due Process!
What is going on in New Jersey!
I think it woukd be great if someione could organize a day of protest, like for a Tuesday Morning, where every defendant in every Municipal Court in New Jersey demands a TRIAL!
Maybe that will shake up the corruption in Nj Municipal Courts!
If I was a billionaire, I would organize such a protest. I would offer to pay thed efndants fines and costs, and even the higher insurance rates for 50,000 defendants, ( 500 courts, 100 people per seesion)for one court session where everyone demanded a trial and Due Process to the fullest extent of the law.
Someone needs to do something to shake these people up!
The world is not a perfect place. Our type of government is also not perfect. ( but it is the best in the world)
That being said, there is a time and place for a good “philosopher king” to take control of a situation and take action.
The NJ Municipal Court Sysytem is a perfect place to a good “philospher King” to step in and stop this madness!
I would not even be talking about this or thinking about this if I was not called into Court so many times , 11 times over 789 days, for a first offense DUI.
That being said, I have also made probably 150 court appearnacers in my lifetime for trivial traffic tickets, like speeding or lesser.
What I have seen take place leaves a lot to be desired.
I am not saying the Courts do not try for the most part to be “good”. I am not not saying that most prosecutros do not try for fo rthe most part to be “good”
Some Courts are worse then others, some prosecutors are worse then others.
The fact is , mostly, the Municipal Courts, are just a line of money to be collected. An incredible amount of money. 100 defendants lined up, 2 seesions a day, 3 days a week, in 563 municiapl courts, it is just an incridble stream of money, especialy since everyone is taking the no point ticket, if they can ( if they do not have 3 or more in 5 years time).
We have all driven down the Garden State Parkway many times. You can drive from mile , lets say, 123 in Sayreville to mile 5, going into Wildwood, and personally see 5000 cars that at some point go over the speed limit. Maybe one or 2 of these cars get pulled over and ticketed, the ones that you personally saw during your drive.
Where is the equal protection? Are not all 5000 of the drivers guilty of speeding? Youtell me.
Now, back to the Municpal Courts,
Lets come up with this scnerio….
100 peole in a typical Court session pay an average of 100 dollars in fines, that is 10,000 dollars. Multiply that by 500 courts in NJ, multiply that by 2 sessions a day, times 3 days a week. The answer is — 60 million dollars a week is being raked in by the Municipal Courts. This is a HUGE BUSINESS!
If the State took the 60 million form the courts, for one weeks worth of fine collection, and out that into buying a breath testing device that actually is scientificaly reliable, and paid for the full validation that any phramaceutical company analytical instrument would have for each piece, there would be money left over!
Lets say they need 1000 instruments in NJ. Each one costs 10,000 dolllars to purchase, and 3000 a year to maintain and validate. that is only 30 million dollars.
So , for a half a weeks of colllected Municipal ourt Fines , New Jersey can have a scientificvly reliable, and validate breath testing device.
It is beyod belife that New Jersey Govenrment is fighting so hard so the Alcotest, when everyone knows it does not hold up to FDA or any other scrutiny!
Mr. Saile,
I wonder what you think about what I have posted above.
I completley understand if you do not want to make any “political” statements.
I do thank you for letting me post my politicaly charged staements on here.
I think I was very conservative in my numbers above. I would venture to guess that maybe half of all defendants who attend a municipal court session go for the 450 dollar no point plea deal. Although some Courts have fewer defendants and maybe fewer sessions, I think my 60 million dollar a week estimate is very low! Also consider all the people who just pay their tickets and do not attend court.
It really is an outrage. The Giovernemnt should put the money where it belongs, back into the justice system, where they can, like for a scientificly reliable breath tsting device.
To think they can cheap out on paying 7 million for 1000 analytical instruments , with no validation of any kind, is really an unbelievable situatuion!
Why hasn’t the legislature chimed in on this!
Each mnemeber od the NJ Legislature, should be good “philospher kings”!
Doing their best to ensure NJ is the best State in the Natiuon.
I have a lot of pride in New Jersey, it is a great State.
I understand the DUI is extremely serious and many peoiple die in accidents, including innocnet people, however, that is no reason New Jersey should not have the best DUI program in the Nation!
A valid breath testing device will be acceptable for me!
Not to mention allowing defendants full access to Due Process! Unlike what I have gotten!
The situation we have now is completely unacceptable!
The complaint states that judges are supposed to act with intergity and impartiality. Well that’s a joke. All judges are lawyers, which means they are neither impartial nor have any degree of intergity. Especially in municipal court, judges have close relationships with the police and are just part of the overall scam. Their job is no different from any other lawyer…to steal money from the public. There is nothing decent or honorable about being a lawyer or a judge.