C’mon Down

The New Jersey Supreme Court rejected a disbarment recommendation of its Disciplinary Review Board and imposed a three-year reciprocal suspension based on a sanction imposed in Pennsylvania. 

From the DRB report

This case arises from respondent’s repeated engagement in ex parte communications with a fellow municipal court judge, and her associated  misconduct in the administration of her court, motivated by her belief that the other judge’s political connections could personally benefit her and secure her re-appointment as a judge. The OAE asserted that respondent failed to report the other judge’s misconduct; unethically entertained and ruled on his requests in cases in which she presided; failed to recuse herself in those cases; and ruled favorably for his position in order to curry his political favor, for her own benefit.

Specifically, in 2009, respondent was a judicial candidate for the Philadelphia Municipal Court. During her campaign, she became familiar with Joseph C. Waters, a fellow candidate. Respondent viewed Waters as politically well-connected and knowledgeable about the political process. Conversely, respondent considered herself an outsider to Philadelphia politics. Both Waters’ and respondent’s campaigns were successful and, on January 4, 2010, respondent became a municipal court judge. As a result of her own perceived outsider status, however, respondent had concerns that the Democratic Party would not support her retention, in 2015.

On September 30, 2011, the Philadelphia Inquirer published an article, quoting a Democratic Party leader, who stated that the Philadelphia judges running for retention in the November 2011 election would have to contribute money to the Democratic Party. On the same day the article was published, Waters contacted respondent by telephone. Unbeknownst to respondent and Waters, the Federal Bureau of Investigation (FBI) had obtained a wiretap warrant on Waters’ telephone, was recording their conversation, and would record subsequent telephone conversations between the two of them.

During the September 30, 2011 conversation, respondent expressed her concerns about her retention election, despite the fact it was still four years away, and disclosed to Waters that the Democratic Party leader quoted in the newspaper article previously had threatened her for not supporting the party. Waters reassured respondent that he had the backing of twenty-one ward leaders who would support her retention campaign. He then began an ex parte communication with respondent about a case pending before her. Specifically, Waters told respondent that he had “something in front of [her] at 1:00 today.” Respondent directly asked Waters what the matter was and “who do we need?” Waters told respondent the name of the case and the name of the two attorneys who would be appearing for the matter, and stated that it concerned an alarm company. Moreover, Waters stated “we got the defendant,” thus, telegraphing to respondent that she should assist the defendant, Donegal. Respondent replied, “say no more. Say no more. Alright.”

Waters pled to mail fraud; Respondent resigned from the bench and was sanctioned in Pennsylvania

The joint petition cited, as mitigation, respondent’s admission to the misconduct; her cooperation with the investigation of the Judicial Conduct Board, by giving grand jury testimony against Waters without any promise of immunity or legal protection; her presentation of strong character witnesses; her removal from the bench; and her ineligibility to hold judicial office in the future. The ODC advanced, as an aggravating factor, respondent’s status as a judge when she engaged in misconduct. On April 9, 2019, the Supreme Court of Pennsylvania suspended respondent for one year and one day.

The DRB here considered the lamentable wealth of prior precedent of judicial misconduct cases

After considering the above precedent, we determine that respondent’s conduct was so egregious and so hostile to the integrity of the judicial system that any sanction less than disbarment would fail to protect the public.

…She willingly, without hesitation, engaged in open, public corruption solely for self-gain, to curry Waters’ political favor in pursuit of her desire to be retained as a Philadelphia municipal judge. In other words, in respondent’s courtroom, justice was for sale, if the price was right. As the Court warned in Verdiramo, misconduct that “takes deadly aim at the public-at-large” and “directly poison[s] the well of justice” will be met with disbarment

The court disagreed. (Mike Frisch)