Outsized

A former judge who had been retired from office has been suspended for one year by the New Jersey Supreme Court for his contact with the employee of a physician-client. 

Effective September 12, 2019, following his arrest for fourth-degree criminal sexual contact, in violation of N.J.S.A. 2C:14-3(b), the Court temporarily suspended respondent from his judicial duties.

On August 31, 2020, respondent retired from judicial office.

The victim here also was a former client of respondent.

The Disciplinary Review Board described the encounter

According to J.D., respondent approached her at the conclusion of their meeting, said happy birthday, and “leaned towards a hug” with outstretched arms. J.D. testified that she previously had never hugged respondent, who is forty-five years older than her, during their twelve-year professional relationship. Although she felt uncomfortable, J.D.testified that she gave respondent a “halfway hug,” at which point respondent pulled her toward him into a prolonged embrace. Respondent also began rubbing her back “up and down” with both of his hands.

J.D. testified that she was “uncomfortable,” and immediately attempted to push respondent away, but respondent placed his hands on either side of her breasts and ribcage and held her tightly. J.D., who is 5’5” continued to resist, however, respondent, who is 5’10” and weighs approximately 280 pounds, placed his hands directly on her breasts and squeezed them, prompting J.D. to push him away.

Respondent then grabbed J.D.’s wrist and, according to J.D., said “come on, let me touch you, let me play with you.” J.D. recounted that all she could think about in this moment was “trying to get out [of the] office because he’s a heavy guy and he’s grabbing my wrist and he’s like, come on, let me touch you, let me play with you and I’m like no, no.” J.D. continued to struggle with respondent, repeatedly telling him “no,” until he eventually released her wrist.

Once respondent released J.D.’s wrist, he reached for his wallet and offered J.D. “birthday money,” which she refused. J.D. testified that she abruptly left respondent’s office, “ran down the steps,” and returned to her workplace, where she told her boss what had just transpired.

Respondent, on the other hand, testified that, after he and J.D. had concluded their discussion relating to the real estate matter, he “got up to escort her out,” and she informed him it was her birthday to which he replied “congratulations, happy birthday.” According to respondent, J.D. then told him to hug her because it was her birthday, to which he replied “I prefer not to.” (OAEbp7;T88). However, J.D. had her arms outstretched, came closer to respondent, and hugged him; in response, he patted her back.

Although he admittedly touched the sides of J.D.’s breasts after reluctantly hugging her, he denied squeezing the front of her breasts. Respondent maintained that he was “embarrassed” and that the touching had been “accidental.”

J.D. went to the police and engaged in a consensual intercept of conversations with Respondent

respondent was arrested and charged with fourthdegree criminal sexual contact, in violation of N.J.S.A. 2C:14-3(b). On March 12, 2020, he was admitted into the pretrial intervention program (PTI). On May 18, 2021, after successfully completing the conditions of PTI, the charge against respondent was dismissed.

Sanction

Respondent’s additional misconduct – namely, his pervasive and persistent attempts to conceal his misconduct, initially with an offer of money to J.D. and thereafter by testifying falsely before the committee – cemented the committee’s recommendation. The ACJC concluded that respondent’s false swearing and attempts to manipulate the victim “irretrievably impugn [his] integrity and that of the Judiciary.” 

(Mike Frisch)