In re Reddin

111 A.3d 74, 221 N.J. 221
CourtSupreme Court of New Jersey
DecidedJanuary 21, 2015
StatusPublished
Cited by21 cases

This text of 111 A.3d 74 (In re Reddin) 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 Reddin, 111 A.3d 74, 221 N.J. 221 (N.J. 2015).

Opinion

Chief Justice RABNER

delivered the opinion of the Court.

This disciplinary case raises two questions: (1) what the appropriate standard should be to measure whether a judge’s personal behavior presents an appearance of impropriety; and, (2) whether Respondents — two sitting judges — violated that standard by regularly dining in public with a longstanding friend who was under indictment for official misconduct.

[223]*223To the public, judges embody the court system. As a result, their conducts — both on and off the bench — can promote as well as erode confidence in the Judiciary. For that reason, the ethical principles that guide judges’ behavior extend not only to the performance of their official duties but also to their personal lives.

For many years, New Jersey’s Code of Judicial Conduct has examined judges’ behavior by asking whether there is “a fair possibility that some portion of the public might [be] concerned” about the conduct in question. In re Blackman, 124 N.J. 547, 552, 591 A.2d 1339 (1991). Under that standard, it has not mattered whether the concern was reasonable. Ibid.

Most state courts, as well as the federal judiciary, follow a different course. As part of their analysis, they consider whether the public’s perception of impropriety is objectively reasonable. Because we believe that approach is fair, offers better guidance to judges, and will protect both the public and the reputation of the Judiciary, we adopt the following standard to assess whether a judge’s personal behavior creates an appearance of impropriety: “Would an individual who observes the judge’s personal conduct have a reasonable basis to doubt the judge’s integrity and impartiality?”

Applying that standard to the facts here, we conclude that Respondents violated Canons 1, 2A, and 5A(2) of the Code of Judicial Conduct. By socializing in public with a defendant who awaited trial on criminal charges, in the very courthouse in which one of the Respondents served as a criminal judge, both Judges in this matter reasonably called into question their impartiality and weakened the public’s confidence in the judicial system. That said, we recognize that each Judge has an unblemished record and that neither engaged in any actual impropriety. Because we now revise the standard to assess a judge’s personal behavior, we decline to impose any sanctions in this case.

I.

The facts are not in dispute. In or about 2000, a group of friends began gathering weekly on Thursday evenings. They [224]*224routinely met for dinner at a local restaurant and attended Mass together afterward at a nearby church. The group included Respondent Raymond Reddin, a Judge of the Superior Court in the Passaic vicinage since 2003, who was assigned to the Criminal Division at all relevant times; Respondent Gerald Keegan, a part-time Municipal Court Judge for the City of Paterson since 2004; Anthony Ardis; and others. Judge Reddin and Ardis have been close friends for fifty years; Judge Keegan and Ardis have been friends since about 1985.

Ardis is the former Director of Management Services and Clerk to the Board of the Passaic Valley Sewerage Commission (PVSC). On February 1, 2011, he was arrested and charged with official misconduct. He allegedly used his public position to have subordinates perform home improvement projects — while on agency time and with agency tools and equipment — at the homes of a relative and friend. A State Grand Jury indicted Ardis on June 29,2011, and charged him with official misconduct, conspiracy, and theft by unlawful taking of PVSC property. Various media outlets reported on Ardis’s arrest and indictment, and some reports included his photograph.

Judge Reddin and Judge Keegan both knew that Ardis was under indictment for criminal offenses pending in Passaic County. At the same time, the group to which they belonged continued to meet on Thursday evenings. (Judge Keegan did not attend for a period of time for health reasons.) Neither Judge considered whether their attendance raised any ethical concerns.

On Thursday, September 13, 2012, Judge Reddin, Judge Kee-gan, and Ardis, along with several others, had dinner at a restaurant they often frequented in Woodland Park, in Passaic County. The group sat at their preferred place — a table on the outside patio in front of the restaurant.

The same evening, a local Republican organization hosted a dinner upstairs at the restaurant. One of the guests at that event (the grievant) spotted and recognized Judge Reddin and Ardis dining together with others. The grievant later learned that [225]*225another one of the diners he saw was Respondent Keegan, a Municipal Court Judge.

The grievant knew that Ardis was under indictment and, days later, relayed his concerns to the Lieutenant Governor. In an email, the grievant explained that he observed Respondents, Ar-dis, and others at the restaurant and added,

[w|hat gives me cause for concern is the fact that Ardis is awaiting trial in Passaic County Superior Court relating to an indictment alleging official misconduct. I was also told by an employee at the restaurant that these men meet there “all the time.”
It seems inappropriate for a Superior Court Judge to be meeting with an individual under indictment and awaiting trial in the jurisdiction in which he is a sitting judge.

The matter was referred to the Division of Criminal Justice. After the Division interviewed the grievant, it referred the matter to the Advisory Committee on Judicial Conduct (ACJC or Committee).

The ACJC, in turn, investigated the complaint. Although Respondents continued to dine with Ardis and the group until the spring of 2013, they voluntarily stopped doing so as soon as they learned about the grievance from the ACJC. Both Respondents fully cooperated with the investigation.

On September 17, 2013, the ACJC issued a formal complaint against each Respondent. The complaint recounted the above facts and accused both Judges of creating “an appearance of impropriety that had the potential to weaken public confidence in the integrity and impartiality of the Judiciary,” in violation of Canons 1 and 2A of the Code of Judicial Conduct, and of “demean[ing] the judicial office,” contrary to Canon 5A(2).

Judge Reddin and Judge Keegan each filed answers and admitted the essential facts alleged. But they both requested that the ACJC find that their conduct had not violated the Code of Judicial Conduct. Each Respondent and the Presenter also entered into a detailed stipulation of facts.

The ACJC conducted separate formal hearings on March 25, 2014. The stipulations as well as transcripts of interviews of both [226]*226Judges, the restaurant’s owner, and two staff members at the restaurant were admitted in evidence.

On June 11, 2014, the ACJC issued a Presentment. It found no improper motive on the part of either Judge. The Presentment concluded, however, that Judge Reddin’s and Judge Keegan’s

continued association with Mr. Ardis following his arrest and indictment created more than a “fair possibility” that some portion of the public might conclude that Respondents tacitly endorsed Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
111 A.3d 74, 221 N.J. 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-reddin-nj-2015.