Judges and Official Misconduct (Part 3)

by | Oct 17, 2017 | Blog, Criminal Law, Judge and Jury, Monmouth County, Ocean County

criminal court processThe State next turns to Canons One and Two of the Code for support. Canon One provides, “An independent and honorable judiciary is indispensable to justice. A judge therefore shall uphold and should promote the independence, integrity and impartiality of the judiciary.” Canon Two states, “[a] judge should avoid impropriety and the appearance of impropriety in all activities.” The Rules associated with Canon One require a judge to “personally observe high standards of conduct” and “respect and comply with the law.”

It is the duty of every judge “to abide by and enforce” the Code. In dicta, we recognized that the Code “specifically deals with the duties of judicial office and could readily be used as a basis for describing the duties inherent in that office.” However, the Court characterized an earlier version of the Code as “a general statement of standards and goals, admirably serving the purpose of providing guidance to judges in all matters precisely because of the generality of its provisions.” “While judges are expected to adhere to the Code, every breach ‘does not mean that judicial misconduct has occurred, or that discipline is appropriate.'” It surely follows that not every breach of the Code subjects a judge to criminal prosecution. In the absence of any reported New Jersey case holding the Code‘s “general statements” of ethical conduct are a declaration of inherent judicial duties, we consider some decisions from our sister states.

In People v. La Carrubba, the defendant judge was charged with refraining from performing a duty inherent in her office by improperly dismissing a friend’s traffic ticket. 389 N.E.2d 799, 801 (N.Y. 1979). In interpreting a provision identical to N.J.S.A. 2C:30-2B, reversing the defendant’s conviction and dismissing the indictment, the court said, “the Code of Judicial Conduct and the Penal Law serve discrete, if in some respects complimentary, purposes.” Id. at 802. Recognizing the penal code clearly defined acts or omissions that violated the law, the court said:

Couched in the subjunctive mood, the code is a compilation of ethical objectives and exhortations for the violation of which recourse has traditionally been had to disciplinary rather than criminal proceedings. If in any instance the conduct proscribed by the canons also independently constitutes a criminal offense under the Penal Law (e.g., bribe receiving, [New York] Penal Law, § 200.12) then, of course, the sanctions of the Criminal Law are available and the coexistence of ethical impropriety would stand as no barrier to criminal prosecution. Taken alone, however, instances of ethical impropriety, although unquestionably to be condemned, provide no predicate for the imposition of criminal penalties.

There is a certain ring of truth to this logic. If prosecutors are going to use codes of conduct as bases for criminal prosecutions, it would discourage the compilation of conduct codes. This is a result that courts should seek to avoid.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Especially given the situations we had to work under right now with COVID-19, I am glad to have had Fred Sisto represent me. The outcome was much better than anticipated, and he always ensured to maintain proper communication, including not going any further until you 100% understood what's going on, and made a point to keep me updated as much as possible with any of the incoming changes due to quarantine (which was confusing for me at first). Always has your best interests in mind, and an all-around great attorney and person.
Mel C
Google star 1Google star 2Google star 3Google star 4Google star 5
Thank you very much for your information on DUI check points. It is a great asset to the community . 5 stars for sure!
James P
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred always publishes where local DWI Checkpoints are going to be! He is also a very prominent Attorney in the Ocean County areas of Point Pleasent and Now a new Brick office!
Michael K
Google star 1Google star 2Google star 3Google star 4Google star 5
Realmente es un gran abogado, me ayudo muchísimo en todo este proceso y sobre todo que habla español que es una de las cosas importantes para mi. Por que lo hizo mas entendible y facil cada una de las cosas que tenía que hacer y su amabilidad y paciencia para poder explicarme qué tenía que hacer. Además que mi caso fue un éxito gracias a él ya cada uno de sus conocimientos y a su apoyo en todo momento. Lo recomiendo 100%.
Luis A
Google star 1Google star 2Google star 3Google star 4Google star 5
My boyfriend used Fred Sisto twice and had nothing but positive results. Fred was professional, courteous, and punctual. His office was also very attentive and understanding when he had to speak with them regarding his case. I would recommend using Fred to anyone in the monmouth or ocean county region if they had any criminal case regarding the possession of marijuana
C
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was great and very reasonable. He was extremely easy to get ahold of or very quick to return my calls. I was able to get my charge dropped altogether. I highly recommend Fred!
Jasmine C
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was very professional, competent, and a pleasure to deal with I cant thank him enough I highly recommend his services
Mildred T
Google star 1Google star 2Google star 3Google star 4Google star 5
Recently I encountered some legal matters in the state of New Jersey during my visit and it would have became serious if it was not taken care of. Mr. Sisto and I discussed the case through the phone and exchanged documents through email. Since I was unable to travel back and forth due to restricted time, I have asked Mr. Sisto to handle the case on my behalf. I was very pleased with the result and would recommend Mr. Sisto for any legal matters.
Nam N
Google star 1Google star 2Google star 3Google star 4Google star 5
Exquisite business ethic couldn't ask for a better service from a lawyer superior job def recommend to friends family and even strangers
Lukas A
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is fast, attentive and excels at what he does. He provides reasonable and professional advice when your are dealing with complex and stressful legal situations. He is straight to the point and does not wast time. I would use him again and definitely recommend.
1093Nj