Judges and Official Misconduct (Part 5)

by | Oct 21, 2017 | Blog, Criminal Law, Judge and Jury, Monmouth County, Ocean County

criminal lawyerUnequivocally, “it is the judge’s obligation to see that justice is done in every case that comes before him or her.” A judge must live by this humble maxim, one that, as most sitting judges would agree, is more easily stated than realized. The Code codifies this ideal and provides guidance for the conduct of each judge as he or she performs his or her duties. A judge who refrains from performing her official duty in a case that comes before her, coupled with the purpose to bestow a benefit on herself or another, subjects herself to criminal prosecution for official misconduct. This is not such a case.

This portion of the opinion reads as though the appellate judges were picturing themselves in the defendant judge’s shoes. Hopefully, they can all have as much sympathy for the run-of-the -mill defendant whose fate they are called upon to consider. Also, it would be interesting to see how the case plays out on remand. If the case goes to trial, it would be interesting to see if the testimony discloses that the judge did receive a benefit from the boyfriend that she protected. It stands to reason that she must have received something in return for the assistance she provided.

We do not mean to imply that a judge may only commit official misconduct by refraining from performing a duty while in the courtroom. A judge is exercising her official duties, for example, while “on call” or on “emergent duty,” outside of the courtroom and after normal work hours. We have no doubt that if, for example, a judge was to refrain from authorizing a search warrant despite being presented with ample probable cause because it involved a personal friend, she would have committed official misconduct under N.J.S.A. 2C:30-2b. And, certainly a judge may violate N.J.S.A. 2C:30-2a by affirmatively committing acts unauthorized by his office or in an unauthorized manner in many ways outside of the courthouse and at all hours.

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
Fred is a detail minded attorney that works tirelessly to get the job done right. If you need help Fred knows how to take care of your issues. Fred has years of experience and will work hard for justice for his clients. Fred is easy to talk to and has great communication skills!
Gibson H
Google star 1Google star 2Google star 3Google star 4Google star 5
We retained Fred to represent our daughter. He was amazing from our first phone call. He led us through the process and assured us that all would be taken care of. He was absolutely wonderful with our daughter. We couldn’t have asked for a better outcome. Thank you Fred from the bottom of our hearts. If you need a criminal attorney Fred Sisto Esq. is your guy. Trust me you won’t be disappointed.
Sherry F
Google star 1Google star 2Google star 3Google star 4Google star 5
I have sought out Mr. Sisto for two traffic related cases. His hard work and dedication to getting results for me was very evident from the get go. He was very informative throughout the entire process of working on my cases and during the court sessions as well. Very professional and very friendly. If anyone in the area is looking for a very good and quality representation, Mr. Sisto is a go to.
Brett S
Google star 1Google star 2Google star 3Google star 4Google star 5
I was very content with Fred’s services. He was extremely communicative throughout the entire process and I am happy with our results.
Lidia D
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto is a great attorney. Highly recommend. He is very trustworthy, professional, and has great communication skills, one being that he is very down to earth and makes you feel comfortable in all possibilities. I am very happy I went with him to represent me, we received the best possible outcome for our matter, while he was honest with all possibilities along the way.
Mike A
Google star 1Google star 2Google star 3Google star 4Google star 5
Even though I didn't end up using Fred; I had the best experience from him out of anyone I called for a consultation. He was very clear and consise, made sure I understood my options for the situation I was faced with. He ultimately gave me the confidence to go to court pro se for my case. I also get weekly emails now that are extremely helpful and include a wealth of information for goings on around my area.
Warren C
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred's services has been more than exceptional. He provided updates on my case. He got me one of the best outcomes i could have asked for, and has represented me twice with amazing results. Fred can work his magic on your case just as he did for me
Chris K
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is an excellent attorney. Even though we did not initiate the official pleading process, he deep dived into researching and sorted out my questions without any consultation fee. I highly recommend him!
Qianru Z
Google star 1Google star 2Google star 3Google star 4Google star 5
Great service
Kelly G