Judge Lisa had previously issued a related stay Order in the case of State v. Eileen Cassidy. Note that the prosecution moved for a stay, as opposed to the attorney for Ms. Cassidy. The stay avoids an administrative nightmare if numerous pending cases resolved and then were subject to post-conviction attack because of what might […]
Trooper Dennis Alcotest Prior Convictions: Part 2
Note that the effect of Judge Lisa’s Order is not limited to municipal court DUI cases. The use of a device calibrated by Sergeant Dennis can also affect the viability of a subsequent prosecution under N.J.S.A. 2C:40-26 “Operating Motor Vehicle During Period of License Suspension.” That is a fourth-degree felony handled at the superior court […]
Trooper Dennis Alcotest Prior Convictions: Part 1
On November 28, 2017, Judge Lisa of the Appellate Division issued an order that affects most anyone accused of a second offense or greater DUI in New Jersey. In every case and every DUI sentence anywhere in the state, the prosecutor must ascertain whether that prior conviction had a reading that was calibrated by former […]
Judges and Official Misconduct (Part 6)
N.J.S.A. 2C:30-2b criminalizes only the omissions of “a judge who consciously refrains from performing an official non-discretionary duty, which duty is imposed upon him by law or which is clearly inherent in the nature of his office. In addition, the public servant must know of the existence of such non-discretionary duty to act.” The State […]
Judges and Official Misconduct (Part 5)
Unequivocally, “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 […]
Judges and Official Misconduct (Part 4)
In Garson, the court reversed the dismissal of an indictment charging the defendant judge with violating New York Penal Law § 200.25, receiving a reward for official misconduct by violating his duty as a public servant, but affirmed dismissal of the indictment charging a violation of § 195.02(2). 848 N.E.2d at 1265. In that case, […]
Judges and Official Misconduct (Part 3)
The 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 […]
Judges and Official Misconduct (Part 2)
The same principle is at the core of State v. Weleck, another pre-Code case. There, the defendant, a borough attorney, was charged with extorting payments from a citizen in return for agreeing to use his influence to secure the passage of a favorable zoning amendment. Once again, the Court held that some duties are inherent […]
Judges and Official Misconduct (Part 1)
On September 11, 2017, a three-judge appellate panel decided the case of State v. Carlia Brady. The principle issue in the case is whether a Superior Court judge be found guilty of criminal official misconduct based on a failure to enforce an arrest warrant for her boyfriend when she neglected to notify police that the […]
EMTs & Official Misconduct: Part 3
In the present case, the government contracted with a non-profit entity to perform services or functions that are provided in both the public and private sectors. A uniquely governmental service or function, almost by definition, cannot be one where the private sector has traditionally occupied a substantial part of the field. Private educational contractors, for […]