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Faustino Fernandez-Vina nominated to New Jersey Supreme Court

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The Judicial Update

August 14, 2013

New Jersey: Governor Chris Christie nominated Judge Faustino J. Fernandez-Vina as a justice for the New Jersey Supreme Court on August 12, 2013. Fernandez-Vina is currently a judge for the Vicinage 4 Superior Court, a position he has held since 2004. He was nominated to replace Justice Helen Hoens and is awaiting confirmation by the Senate.[1]


In a surprise move, on August 12, 2013, Governor Chris Christie announced that he would not nominate Justice Helen Hoens to a lifetime tenure on the New Jersey Supreme Court, but instead nominated Fernandez-Vina to take her place on the court. Governor Christie attributed his decision to the certainty that the Democrats who control the Senate would not confirm Hoens' nomination and in the process, tarnish her reputation. Governor Christie explained that, "[he] simply could not be party to the destruction of Helen Hoens’s professional reputation..[he] was not going to let her loose to the animals."[2]


This is the second time that Governor Christie has declined to renominate a justice. The first was in 2010, when Christie refused to renominate Democratic Justice John Wallace Jr. This set off a lengthy battle between Christie, a Republican, and Senate Democrats who, themselves, have retaliated by declining to confirm Christie's five past nominees to the court. Ronald Chen, dean of the Rutgers Law School, opined that the war between the political factions are paralyzing the state's judicial system and that "[u]nless both of them bend a little bit, and come to some sensible compromise, we’re going to have an absolutely untenable situation in our state Supreme Court."[2]


It is unclear how Fernandez-Vina's nomination will change the contentious political nature of the Senate confirmation process. Past voting records indicate that he has been registered as a Democrat for the past four decades. Governor Christie, however, is adamant that Fernandez-Vina is a Republican.[3]


Disregarding political affiliation, Christie attributed his choice of nominee in Fernandez-Vina's character and experience, stating that:

It was his experience both in the private sector as a trial judge and as an administrator. It was his ethnic background which I thought was very important in terms of diversity on the court, and it’s the fact that I like this guy. I think he’s a good person.[4][5]


Justice Hoens, in a statement published on the New Jersey Courts website, stated,

I am of course saddened that I will not be able to continue in this extraordinary professional calling, but I am thankful beyond words for the great privilege and honor of having been able to serve the people of this great State as a Justice of the New Jersey Supreme Court.[6][5]

See also

Footnotes