Judge Robert Nish should have recused himself because he and defense attorney Alan Albin happen to be attorneys on opposite sides of an unrelated pending probate case, the high court said in a 6-0 ruling.
The decision is meant to provide guidance to New Jersey’s 318 part-time judges in 528 municipal courts, many of whom also work in private practice. In its ruling, the high court determined judges "must recuse themselves whenever they and a lawyer for a party are adversaries in some other open, unresolved matter." "For millions of New Jerseyans each year, municipal court judges are the face of the judiciary," the court said in a ruling written by Chief Justice Stuart Rabner. "Ensuring both conflict-free, fair hearings and the appearance of impartiality in municipal courts is vital to our system of justice."
"The Supreme Court took the opportunity to send a pretty clear message to the lower courts that they don’t want even a hint of impartiality" on the bench, said Albin, who is no relation to Supreme Court Justice Barry Albin.
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N.J. Supreme Court Rules Morris Township Judge Should Be Removed From Drug Case
these conflicts happen all the time in guardianship cases. in the end, nobody is advocating for the ward except the ward's family.
ReplyDeleteI'm glad to see it being an official "ruling", but in reality, it's only common sense!
ReplyDeleteWhat about judges who come up through the ranks? As an example, a judge who was once a guardian rising to the bench? Think this person would be pre-disposed against family? I do.
ReplyDeleteA "judge" should not be allowed to practice law, period - until he/she retires.
ReplyDeleteAnd if they engage in misconduct, they should be disbarred as well.