Dismissal Of Official Misconduct Charges Against Judge Affirmed

An opinion of the New Jersey Appellate Division

These appeals require us to consider the inherent duties of a judge of the Superior Court of New Jersey, whether those duties include an obligation to take whatever steps necessary at any time to “enforce an arrest warrant,” and if such a duty exists, what must a judge do to perform, and not refrain from performing, that duty. A Somerset County grand jury indicted Carlia M. Brady, a judge assigned to the Middlesex Vicinage, charging her with second-degree official misconduct, N.J.S.A. 2C:30-2b (count one); and two counts of third-degree hindering the apprehension or prosecution of Jason Prontnicki, N.J.S.A. 2C:29-3a(1) and a(2) (counts two and three). The Law Division judge granted defendant’s motion to dismiss count one of the indictment but denied the motion as to counts two and three. The judge subsequently denied motions for reconsideration filed by defendant and the State of New Jersey.

We granted the State’s motion for leave to appeal (A-0483- 16), as well as defendant’s motion for leave to appeal (A-0484-16), and consolidated both appeals to issue a single opinion. We now affirm.

The court allows two charges to stand but as to the duty to enforce an arrest warrant

The State’s appeal presents issues of significant importance beyond this case. We tread cautiously, with an express desire that our decision be limited only to the facts presented by this appeal and the arguments made by the State…

Our conclusion is not a criticism of the prosecutor’s presentation. He attempted in good faith and in substantial detail to synthesize the law. However, the prosecutor demurred in telling the grand jury a duty existed. That hesitation reflects the exquisitely difficult task of trying to define the duty in the first instance, and what actions a judge must take to perform that duty, the avoidance of which could result in criminal culpability.

The prosecutor’s quandary demonstrates why we are required to do more in this opinion. Avoiding the question of whether it is the duty of a Superior Court judge to “enforce an arrest warrant,” or face conviction for a second-degree crime if he or she refrains from performing that “duty,” does a disservice to this defendant, other judges and the public-at-large. We will not avoid deciding the merits of the State’s case, because the issue will only arise again should the State simply present the same evidence with more definitive instructions to a new grand jury.

Further, the Judicial Canons did not create a basis for criminal liability.

NJ.com reported on the case.

A Superior Court judge granted a motion Friday to dismiss an official misconduct indictment against Middlesex County Judge Carlia M. Brady.

Brady was indicted in May on second-degree official misconduct as part of a three-count indictment for allegedly harboring her fugitive boyfriend Jason Prontnicki for approximately an hour on June 11, 2013, in her home before both were arrested there by police. Brady’s lawyer, Fairfield-based attorney Tim Smith, said he is continuing to work on getting the remaining indictments dismissed.

At that time, Prontnicki was wanted in the armed robbery of an Old Bridge pharmacy on April 29, 2013.

In a complaint filed against Brady, the prosecution charged her of “never making any attempt to contact law enforcement” during that hour her and Prontnicki were in her home.

Somerset County Superior Court Judge Julie M. Marino, now serving in Hunterdon County, ruled that Brady had “no specific, clearly spelled out duty to communicate within a certain length of time” with authorities and that the state “relied upon the broad duty of integrity and avoiding impropriety to argue that any contact from Prontnicki required defendant to alert authorities.”

Smith had argued that Brady, 43, was acting as a private citizen and had no legal obligation to tell police that Prontnicki, 43, was en route and later present in her residence. Brady was facing a sentence of five to 10 years in state prison.

“We are obviously elated with this decision as it removes from the equation the only charge that exposed Judge Brady to presumptive jail time,” Smith said Friday. “This type of rebuke to the misuse of the official misconduct statute in this state is long overdue and hopefully justice, on a broader scale, will result from it.

“As recognized by the CATO Institute, when, as here, prosecutors effectively write their own criminal codes, it is representative of the antithesis of the rule of law. Thankfully, this type of abuse of governmental power was rejected today. We are extremely anxious to move to defeat the remaining counts to the indictment as they are equally defective.”

Brady, who had been sworn in as a civil court judge just two months before her 2013 arrest, has been suspended without pay from her $165,000-a-year-job since shortly after her arrest. Smith said her ultimate goal is to be reinstated as a judge.

Assistant prosecutor W. Brian Stack declined to comment.

In the indictment, Brady was charged with second-degree official misconduct for failing to notify police of Prontnicki’s intended appearance or presence at her residence.

Brady was also charged with third-degree hindering by harboring or concealing Prontnicki within her home and third-degree hindering by offering to provide or aid Jason Prontnicki with money, transportation or clothing to assist him in avoiding arrest.

Marino cited a state Supreme Court ruling that stated “it is the duty of law enforcement agencies acting under the executive branch, not the judicial branch, to enforce arrest warrants.”

The judge wrote that the defendant “didn’t perform any of the supposed inherit duties suggested by the state on a regular basis (and) did not have a manual or handbook which could be relied upon.” Brady, the judge said, was “acting as a private citizen.”

Stack had argued that Brady knew Prontnicki was on his way to her home that day and it was her duty as a judge to notify police. It was a matter of “common sense,” Stack said. He said Brady chose not to alert police that Prontnicki was en route to her home for “personal gain.”

Stack also said text messages between the pair showed Brady told Prontnicki that they can’t be seen together in her home and that she had a responsibility to turn him in to authorities.

Marino acknowledged those text messages in her ruling, but still said “the state has failed to satisfy its burden as to the duty and breach of duty element to sustain the present indictment for official misconduct.”

The investigation was initially conducted by the Woodbridge Township Police Department, but transferred to the Somerset County Prosecutor’s Office for further investigation and prosecution to avoid a conflict of interest, authorities previously stated.

Dave Hutchinson may be reached at dhutchinson@njadvancemedia.com. Follow him on Twitter @DHutch_SL. Find NJ.com on Facebook.

NJ.com also reported on the boyfriend’s sentence. (Mike Frisch)