Out Of School

The New Jersey Supreme Court Advisory Committee on Judicial Conduct has charged a part-time municipal court judge with misconduct

Respondent, while presiding over three truancy matters in Bound Brook Municipal Court, when speaking to parents and children, raised his voice and spoke in an agitated and aggressive manner, expressed hostility towards the children by  yelling at them in an accusatory tone, made remarks creating issues of bias and discrimination, and directly inquired of the parent and/or child about their immigration status.

From the transcripts

RESPONDENT: You’re looking to be a beggar, piece of garbage. Aren’t you? Because you don’t even go to school. You heard what I said to the person before you, right?

And

RESPONDENT: So you want to call attention to the school truant officer — two officers sitting here — that you get law enforcement involves (sic) in your lives. Don’t you? So your mother can get picked up and deported by ICE. That sound like a great idea? You’re a wonderful son. I say sarcastically because you’re not. You are vile and contemptuous. You want your mother to get deported? You know what’s going to happen if she does, right?

Further

RESPONDENT (addressing juvenile): You’re spitting in the face of this country. Would you like me to spit in your face? Somebody’s giving you something and you’re spitting on it. You are disgusting. So here’s what I’m going to do and I’m going to — unlike the other crew that I found to follow up in 30 days, I’m going to refer this to D.Y.F.S., to D.C.P. & P. and at some point they’re going to show up at your house, they’re going to take you away. Okay? And they may — may report your mother and then at some point, ICE is going to come and pick her up, all because of you.

In another matter

RESPONDENT: You think this is acceptable because I’m going to charge your mother $2,000 a day for every day you missed. You think that’s a good plan? That’s the penalty. You think you have any future if you drop out of school? You’ve got no future. You will be left in the garbage. You can hang out behind the Dunkin’ Donuts with all the other drunks and riff raff. You think -that’s fine? Why are you not going to school? You want to be taken away? I’ll have you taken away. They’ll put you in a group home in Newark. You better not sleep. Don’t close your eyes. I’m not kidding you. You’ll have everything you own stolen. You will be beaten. Is that the kind of life you want? You want to go to a Newark group home? Why are you not going to school? Answer me. Answer.

Alleged

By directly addressing the children present in the courtroom, who were not parties to the truancy matters and over whom Respondent had no jurisdiction, in a grossly appropriate manner and in the absence of the municipal prosecutor, Respondent failed to respect and comply with the law in violation of Canon 1, Rule 1.2 of the Code of Judicial Conduct.

Respondent’s remarks to the defendants and expressions of dissatisfaction with the appearance and attitude of the children who appeared before him, as well as Respondent’s repeated threats and abrasive demeanor towards the children, was discourteous, inappropriate, unprofessional, offensive, and contravened Respondent’s obligations under Canon 3, Rule 3.5 of the Code of Judicial Conduct, which requires jurists to treat all those with whom they deal in an official capacity in a dignified, patient and courteous manner.

By his inquiries regarding the immigration status of the defendants and children who appeared before him, which was irrelevant to the proceedings, Respondent engaged in harassing and injudicious conduct that had the potential to create the appearance of ethnic and/or nationality bias in violation of Canon 3, Rule 3.6 (A) and (C) of the Code of Judicial Conduct. See Administrative Directive #07-19 (May 23, 2019) and Administrative Directive #09-11 (Dec. 28, 2011).

(Mike Frisch)