In re Advisory Letter No. 7-11 of the Supreme Court Advisory Committee on Extrajudicial Activities

61 A.3d 136, 213 N.J. 63, 2013 WL 811863, 2013 N.J. LEXIS 187
CourtSupreme Court of New Jersey
DecidedMarch 6, 2013
StatusPublished
Cited by23 cases

This text of 61 A.3d 136 (In re Advisory Letter No. 7-11 of the Supreme Court Advisory Committee on Extrajudicial Activities) 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.

Bluebook
In re Advisory Letter No. 7-11 of the Supreme Court Advisory Committee on Extrajudicial Activities, 61 A.3d 136, 213 N.J. 63, 2013 WL 811863, 2013 N.J. LEXIS 187 (N.J. 2013).

Opinion

Justice ALBIN

delivered the opinion of the Court.

The figure of justice blindfolded, holding a scale equally balanced, is a common feature atop many courthouses. That symbol carries a simple message — all stand before the law as equals, and justice will be administered fairly and impartially. If the public is to keep faith in the ideals represented by that symbol, then it must have complete confidence in the integrity of the judges who administer our system of justice. That confidence will come only when judges are above reproach and suspicion in the eyes of those [66]*66who appear in their courtrooms. Appearances matter when justice is dispensed, and therefore public perception that a judge might be partial to one party over another — whether true or not— cannot be reconciled with the ideal of blind justice.

This ease involves a long-serving and respected chief municipal court judge whose son has become a member of the police force in the same municipality where he presides. The issue is whether the judge may hear cases involving police officers who serve in the same police department as his son. We hold that, consistent with the canons of the Code of Judicial Conduct and our ease law, he may not. That is so because a fully informed and reasonable person, particularly a litigant, could question the judge’s ability to be impartial in issuing rulings on matters concerning his son’s law enforcement colleagues. We therefore conclude that he may not hear eases involving police department officers and employees who serve with his son in the same municipality where he presides as a judge, nor may he act as the chief judge supervising other judges who hear such cases.

I.

A.

George M. Boyd has served as a municipal court judge in the City of Perth Amboy since 1991.1 As the court’s chief judge, he has exercised administrative responsibilities and has supervised two other municipal court judges. Together, all three judges hold at least six court sessions each week in the Perth Amboy Municipal Court. No one has raised any question about Judge Boyd’s ability or integrity during his years of service on the bench. The sole issue is whether his son’s appointment as a police officer in Perth Amboy creates either a conflict or the appearance of a conflict of interest in Judge Boyd’s presiding over cases involving the Perth Amboy Police Department.

[67]*67In July 2010, Ethan Boyd, the judge’s then twenty-seven year-old son, was sworn in as a police officer in the Perth Amboy Police Department, and, after training at the police academy, entered active service on January 1, 2011. Officer Boyd was born, raised, and educated in Perth Amboy, but had not resided with his parents in the five years preceding his employment as a police officer.

During the week of his son’s swearing-in ceremony, Judge Boyd advised Middlesex County Assignment Judge Travis Francis of his son’s appointment as a Perth Amboy police officer. By letter dated November 17, 2010, Judge Boyd expressed to Judge Francis his intent to disqualify himself from any case involving his son. He left to Judge Francis to decide whether his son’s cases should be assigned to the other two Perth Amboy Municipal Court judges or transferred to a judge of a neighboring municipal court. On December 1, 2010, Judge Francis informed Judge Boyd that “all cases involving [his] son shall be transferred to a neighboring court for disposition.”

On March 1, 2011, based on his reading of Administrative Directive # 1-92 (Jan. 1, 1992), Judge Francis expressed to Judge Boyd that a “conflict” existed that required “his resignation from the Perth Amboy Municipal Court bench.” Directive # 1-92 is entitled “Supreme Court Policy Governing Municipal Court Administrators and Deputy Administrators Who are Married To or are the Parents or Children of Police Officers.” The Directive, among other things, prohibits the appointment of a municipal court administrator or deputy court administrator whose child is a police officer in the same municipality. Ibid. Under the Directive, an administrator is not subject to removal if, after appointment, the administrator’s “child becomes a police officer.” Ibid. In that circumstance, however, the administrator is disqualified from any involvement in a matter concerning his or her child. Ibid.

Judge Boyd took the position that Directive # 1-92 did not apply to municipal court judges. Ten days later, Judge Francis requested by email that the Advisory Committee on Extrajudicial [68]*68Activities (Advisory Committee) render an opinion on the issue.2 On March 17, 2011, Judge Boyd wrote to the Committee, explaining that Directive # 1-92 “dealt specifically with court administrators and deputy court administrators” and that he was unaware of any “directive which deals directly with a similar issue involving municipal court judges.” Alternatively, he noted that even if Directive # 1-92 did apply, his son became “a police officer after [his] continual appointment and service as a municipal judge.” Last, he emphasized that the steps taken to transfer cases involving his son served to “cure any conflict.”

B.

On April 8, 2011, the Committee issued to Judge Francis — the requestor — Advisory Letter No. 7-11. The Advisory Committee expressed its opinion that Judge Boyd could “not continue to serve as the Chief Municipal Court Judge in the same municipality where his son is a police officer.” In the Committee’s view, “transferring the son’s cases out of the municipality [did] not serve to rectify the conflict.” Ultimately, “the Committee believe[d] that because the conflict arises from a direct familial relationship with law enforcement, the appearance of partiality or bias is too great to overcome.” In reaching that conclusion, the Committee relied on the canons of the Code of Judicial Conduct, in particular Canon 2 (“A Judge Should Avoid Impropriety and the Appearance of Impropriety in All Activities.”) and Canon 2(A) (“A judge should ... act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.”).

[69]*69On April 14, Judge Francis provided the Advisory Letter to Judge Boyd and then contacted the Committee to determine whether Judge Boyd’s resignation as the chief judge of the municipal court would put him in compliance with the Code of Judicial Conduct. That same day, the Committee responded that, in its view, “Judge Boyd may neither sit as the Chief Municipal Court Judge nor as Municipal Court Judge in Perth Amboy where his son also serves as a police officer.”

Judge Boyd then filed with the Committee a request for reconsideration of Advisory Letter No. 7-11. See R. 1:18A-6. Judge Boyd noted again that Directive # 1-92 only requires disqualification, not removal, of a court administrator whose child becomes a police officer. Judge Boyd urged the Committee to consider that its “advisory opinion would ... have [an] ‘excessively severe’ and profound impact upon [his] personal life and economic livelihood,” (quoting Directive # 1-92).

The Advisory Committee did not modify its earlier opinion.

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61 A.3d 136, 213 N.J. 63, 2013 WL 811863, 2013 N.J. LEXIS 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-advisory-letter-no-7-11-of-the-supreme-court-advisory-committee-on-nj-2013.