Supreme Weekly: Trouble in New Jersey and disciplinary actions in the states

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February 2, 2012

by: Katy Farrell

Governor Chris Christie's Supreme Court nominees face increasing scrutiny this week, while state Supreme Courts use their powers as disciplinary bodies.

New Jersey

On January 23, Governor Chris Christie announced the nominations of two new members to the New Jersey Supreme Court: Phil Kwon and Bruce Harris. Generally, the next step is a vetting by the Senate Judiciary Committee. However, both nominees are facing a public vetting in the media and from opposing politicians.

In a state that has faced protracted battles over Supreme Court appointments, the media seems to be the best avenue to get the ball moving on the nominations. This week, The Star Ledger broke a story regarding a settlement between a liquor store operated by Kwon's family and a large fine paid to the federal government. In an investigation and subsequent case filed in the United States District Court for the Eastern District of New York, the business was found to have made 222 separate $10,000 transactions to its checking account. These types of deposits are often meant to conceal large amounts of cash. Though Kwon was not named in the case, the actions of his accused relatives may tarnish his chance to join the high court.

The head of the Senate Judiciary Committee, Nicholas Scutari, said Tuesday that this discovery jeopardizes the nomination. Kwon certainly has his supporters, however. Governor Christie stands behind the nomination, as do Senate Republicans and members of the Korean community.

The governor's other nominee, Bruce Harris, has not been spared scrutiny. Much ado has been made of Harris' sexuality, since he would be the first openly gay member of the court if confirmed. Also, some question the appointment at a time when the legislature and governor are locked in a battle over marriage equality in the state. As a result of these questions, Christie has secured Harris' promise to recuse from a hypothetical case deciding the constitutional merit of marriage equality.

Also an African-American, Harris has faced opposition from the NAACP in New Jersey. The group has not offered its support of the nomination, saying, "Bruce has kept himself away from the civil rights movement, and we’ll probably keep ourselves away from him."

Supporters of the nominees (and Governor Christie) say that the media and Senate Democrats have rushed to judge. New Jersey is one of the few states in the nation that adhere to a method of judicial selection similar to the federal model. In regards to the tension between the Senate and executive, New Jersey seems to get closer to the federal government's method every day.

Michigan

Michigan's Supreme Court removed Judge James Justin from office last week after "..substantiated acts of misconduct...without precedent in Michigan judicial disciplinary cases." The removal from office was recommended by the Michigan Judicial Tenure Commission following a complaint issued in November 2010.

Justin has been suspended from the court since July 2011, pending the disciplinary decision by the Supreme Court. In March 2011, the commission recommended that Justin be removed.

In its ruling, the Supreme Court seemed surprised to find out how extensive Judge Justin's misconduct was. He was accused of: dismissing traffic tickets for himself, family and staff; altering information to be sent the Secretary of State, dismissing cases without a hearing or the prosecutor, ignoring plea agreements, and making false statements under oath.

Justin's term would have expired in 2012. At this point, Governor Rick Snyder may choose to appoint a successor, but she or he must run for the seat in this year's election.

Indiana's pilot program allows cameras in courts
Like its neighbor to the west, Indiana has created a pilot program for allowing cameras in its trial courtrooms. Civil trials in Lake County will be telecast through the Times of Northwest Indiana website. The state's last attempt to allow cameras was in 2007.

North Carolina

On Friday the North Carolina Supreme Court settled a disagreement over authority in the Thirteenth Judicial District. The argument centered around whether Chief District Judge Jerry A. Jolly had the ability to close down District Attorney Jon David's traffic court. In issuing the order closing the court in April 2011, Jolly called district's traffic court a scheme, partially because a main aspect of the program is owned by one of David's political supporters.

The Supreme Court disagreed with Judge Jolly's ruling. It found that the District Attorney was responsible for running the traffic court.

Interestingly, the case was accepted by the high court in May, and in August, the two parties in the case agreed to restore the traffic court in the district. That action made the ruling moot, five months before it was released.

Florida

Thirty-one of Florida's 90,000 lawyers were disciplined by the Florida Supreme Court this week. The order will not be solidified until the proper amount of time passes for the attorneys to file a motion for rehearing, however. Of the consequences meted out:

• Fifteen attorneys were suspended;
• One attorney was put on probation;
• Four attorneys were publicly reprimanded;
• Two attorneys must pay restitution; and
• Twelve attorneys were disbarred. Disbarred attorneys can retake the bar exam and apply to join the bar again after five years, though a small percentage actually do.

See also

• Supreme Weekly: January 26, 2012
• Judgepedia's Supreme Weekly: The States