New Jersey Supreme Court Justice goes on strike
December 13, 2010
New Jersey: New Jersey Supreme Court Justice Roberto Rivera-Soto went on strike from his judicial duties in a bold move to protest an appointment by Chief Justice Stuart Rabner. The controversy involves the vacant seat created by Gov. Christie's unprecedented move not to re-appoint Justice John Wallace to the court. The state Senate agreed that they would not appoint a replacement for Wallace, so Chief Justice Rabner decided to name his own replacement, Justice Edwin Stern. This caused a reaction by Justice Rivera-Soto, who said that it was unnecessary and unconstitutional for Rabner to appoint a temporary justice. In protest, he refused to participate in court decisions.
Justice Rivera-Soto argues, "The assignment of a Superior Court judge to serve on this court to fill a vacancy resulting from a political impasse between the executive and legislative branches thrusts the judiciary into that political thicket, all the while improperly advancing one side’s views in preference over the other’s." He believes that Justice Stern's involvement is unconstitutional.
Chief Justice Rabner cited the court's large workload to support his view that the appointment was necessary. Stephen Sweeney, President of the New Jersey Senate, backed up Rabner by pointing out the "right of New Jerseyans to have their cases heard by a full court." Senate Democrats are calling for Rivera-Soto's resignation.
Gov. Christie has stayed out of the controversy, but stated that the whole issue could have been avoided if the Senate had held a hearing on his nominee, Anne Murray Patterson.[1][2]
Footnotes
Federal courts:
Third Circuit Court of Appeals • U.S. District Court: District of New Jersey • U.S. Bankruptcy Court: District of New Jersey
State courts:
New Jersey Supreme Court • New Jersey Superior Court, Appellate Division • New Jersey Superior Courts • New Jersey Municipal Courts • New Jersey Tax Court
State resources:
Courts in New Jersey • New Jersey judicial elections • Judicial selection in New Jersey
