In re Advisory Letter No. 3-11

73 A.3d 1244, 215 N.J. 495, 2013 WL 5269755, 2013 N.J. LEXIS 852
CourtSupreme Court of New Jersey
DecidedSeptember 19, 2013
StatusPublished
Cited by1 cases

This text of 73 A.3d 1244 (In re Advisory Letter No. 3-11) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re Advisory Letter No. 3-11, 73 A.3d 1244, 215 N.J. 495, 2013 WL 5269755, 2013 N.J. LEXIS 852 (N.J. 2013).

Opinion

PER CURIAM.

This appeal explores the limitations on extrajudicial activities of judges. A part-time municipal court judge has been advised by the Advisory Committee on Extrajudicial Activities (Advisory Committee or Committee) that his judicial position and his acting [497]*497and comedy career are not compatible with the Code of Judicial Conduct (Code of Judicial Conduct or Code).

A sitting municipal court judge received a request from a newspaper of general circulation to interview him following his appointment. The newspaper had contacted him for a follow-up article to a June 2007 piece describing the judge’s pre-appointment legal and entertainment careers. The judge sought guidance from several sources, including the presiding municipal court judge in Bergen County and the Advisory Committee. That inquiry eventually led to advice that the judge should decline the interview and that his judicial position and his acting and comedy career were incompatible with the Code of Judicial Conduct. It is that advice from the Advisory Committee and two subsequent opinions issued by that committee that form the basis of this appeal.

I.

Vincenzo August Sicari commenced law school in New York City in 1992. At the same time, he began writing screenplays and situation comedy routines. Following graduation from law school, Sicari completed a trial court clerkship, was admitted to the practice of law in this State in 1996,1 and enrolled in acting classes. Since then, he has attempted to simultaneously develop his legal career and his entertainment career. To that end, he became an associate at two law firms between 1997 and 1999, formed a firm with another attorney for one year, and formed a law firm as a solo practitioner in July 2000. His practice is limited to plaintiff personal injury litigation, general commercial matters, and landlord-tenant disputes and other Special Civil Part cases. At the same time, Sicari pursued his entertainment career, appearing in television pilot episodes, films, and commercials. By June 1997, [498]*498he appeared regularly as a stand-up comedian at a noted comedy club in New York City.

Sicari maintains that he has carefully separated his legal and comedic identities. He practices law as Vince A. Sicari;2 he performs under the name Vince August. He claims very few people knew of his dual careers. In June 2007, however, the Bergen Record published a story about him entitled, “Lawyer by Day, Comic by Night—Ridgewood resident a Superman of sorts,” which revealed that he maintained both a law practice and a career as a comedian. Sicari stated in the article that he “refuse[s] to do a law joke.”

In December 2007, the mayor-elect of South Hackensack contacted Sicari to discuss his appointment as a municipal court judge. He immediately met with the mayor-elect and township attorney to disclose his entertainment career. Sicari assured the mayor he had always kept his legal and entertainment careers separate, never mentioned law or the practice of law in his routines, and had no intention of altering that course. He took the oath of office as a municipal court judge and commenced his judicial duties in January 2008. He selves in a part-time position with an annual salary of $13,000.

Following his appointment, the Bergen Record requested a follow-up interview. In response to that request, Sicari placed a call to the counsel to the Advisory Committee. During that conversation, he provided a detailed description of his activities as a comedian, including the nature of his comedy routines and the locations of his performances. Sicari noted that he appears exclusively in New York and California with the exception of a single annual appearance at a fundraiser at a comedy club in Bergen County. Sicari stated that he performs at a club in New York City on Sunday through Thursday nights doing improvisational comedy. On Friday and Saturday nights, he appears at [499]*499another club doing stand-up comedy routines in which his material is mostly self-deprecating and often based on his experience growing up as an Italian-American Catholic. He also disclosed that the general topics of his routines include religion and personal sexual experiences.

In a letter dated approximately three weeks later, Sicari provided additional information about his dual careers. He disclosed that he appears on nationally syndicated radio shows as “Vince August” and discusses a variety of topics, including pop culture, religion, politics, and sports. He also revealed that he has appeared and anticipated further appearances in various television shows, films, commercials, and corporate videos. He stated that he has never referred to his legal career or his judicial position while entertaining.

Based on that information, the Advisory Committee issued Opinion No. 12-08. The opinion reminded Sicari that the Advisory Committee provides advice only but informed him that his entertainment activities were not compatible with his judicial position. It stated:

The Advisory Committee, via telephone poll, has determined that (1) you may not continue to perform as a comedian/entertainer while serving as a part-time municipal court judge, (2) you may not be interviewed by the Bergen Record, about your profession as a comedian/entertainer while serving as a municipal court judge or be observed by a reporter for the Bergen Record while sitting on the bench, and (3) you may not engage in charity work as a performer at fundraisers while serving as a part-time municipal court judge.

Following advice from the Assignment Judge that he cease his entertainment career while serving as a municipal court judge and that he refuse the interview with the newspaper, Judge Sicari sought reconsideration of Opinion No. 12-08.

In his letter requesting reconsideration, Sicari stated that the only issue before the Advisory Committee was “Can I continue to sit as a municipal court judge while actively engaged in an entertainment career which provides a substantial part of my income?” In a letter dated May 6, 2010, the Advisory Committee ratified its earlier advice to him. The Committee’s letter conclud[500]*500ed with the admonition that he “should not continue to perform in a paid capacity as a eomedian/entertainer.”

After this Court granted Sicari’s petition for review, the Advisory Committee issued another letter, which outlined seven factors that influenced its decision. Those factors included the revelation of Judge Sicari’s stage name and coordinate career in the June 2007 newspaper article, congratulatory messages from some lawyers and judges after publication of the article, the continuing interest of the newspaper in his dual careers, the mention of his legal practice but not his judicial position on his Vince August website, the subject matter of his comedy, the number of appearances on a yearly basis and the national nature of his exposure, and the time he devotes to and the income he derives from his entertainment career.

Thereafter, Sicari informed the Advisory Committee of his involvement in What Would You Do?, a reality television show, and inquired whether his participation in that show was permissible. He described the television show as

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73 A.3d 1244, 215 N.J. 495, 2013 WL 5269755, 2013 N.J. LEXIS 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-advisory-letter-no-3-11-nj-2013.