Judicial Shuffle At Monmouth County Court

Governor Christie’s nomination of Judge David F. Bauman to the State Supreme Court has prompted a mid-term reassignment of the Superior Court Judges in Monmouth County.

Assignment Judge Lawrence M. Lawson told MMM that effective January 2, 2013 Judge Paul Escandon is transfered from Family Court to Civil Court, Judge Honora O’Brien Kilgallen will move from Civil Court to Criminal Court, Judge Linda Grasso-Jones will switch from hearing Civil matters to Family matters, and Judge James J. McGann will transfer from Civil Court to Criminal Court hearing Juvenile cases.  Judge Leslie-Ann M. Justus will remain in Family Court and take over Escandon’s calendar.

MMM called Lawson for comment on a New York Post story over the weekend that said Escandon would not be hearing divorce cases “after a months-long campaign by women who say he systematically cheated them from the bench.” Lawson said the Post story was a “rehash.” Escandon has not been hearing new divorces, rather, he has been presiding over non-matrimonial cases and post-Judgment matters in Family Court, since July.

Escandon’s July reassignment was caused by Judge Michael Guadagno’s elevation to the Appellate Court and these recent reassignments are the result of Bauman’s anticipated elevation to the Supreme Court, according to Lawson.

Lawson said that the Monmouth County Vicinage currently has six vacancies with a seventh coming if Bauman is confirmed a Supreme Court Associate Justice by the State Senate.  There are four pending Judicial nominations for Monmouth County pending before the Senate.

Escandon’s tenure on the Family Court bench has been a subject of controversy since May when former Long Branch resident Rachel Alintoff complained to Governor Christie at at Town Hall Meeting in Garfield about Escandon’s rulings, one of which had been overturned on appeal, in her divorce case.  Since then, a group of divorce litigants, mostly women, have been holding periodic protests about Escandon at the Monmouth County Court House and the Advisory Committee on Judicial Conduct has initiated an investigation into Escandon based upon Alintoff’s complaints.

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Christie defends Oxley nomination

State Street Wire, the pay sister site of Politickernj, is reporting that Governor Chris Christie said that the controversy State Senator Ray Lesniak is making over former Monmouth County Sheriff Joe Oxley’s nomination as a Superior Court Judge is “just another excuse” by Lesniak and the Democrats not to give Christie’s judicial nominations confirmation hearings.

Lesniak wants the FBI’s files from their investigation into Solomon Dwek’s allegations that Oxley, while sheriff, tipped off the real estate swindler to foreclosures in Monmouth County prior to the information becoming public.  Oxley has refused to authorize the release of the files and the Justice Department has declined Lesniak’s appeal that the public interest outweighs Oxley’s privacy.

Christie said that his successor as US Attorney, Paul Fishman, found “no factual basis” in Dwek’s claims.

Christie said he knows first-hand how the data provided by cooperating witnesses can be.

“Sometimes it can be reliable, sometimes it can be fiction,” he said.  “I think it’s unfair to put that kind of fiction on the public stream.”

Christie said that the judiciary committee should do its job and hold a confirmation hearing for Oxley.

Oxley has referred requests for comment to the governor’s office.

As a practicing attorney, Oxley could have legitimate reasons, including attorney-client privilege, for refusing to authorize the release of his recorded conversations.

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Oxley judicial nomination on hold over FBI files

The Star Ledger is reporting that Joe Oxley’s nomination to the New Jersey Superior Court is in jeopardy because the U.S. Justice Department will not release FBI files from the investigation into the former sheriff resulting from Solomon Dwek’s allegations.

Dwek accused Oxley of sharing information about foreclosures before such information became public, thereby giving the real estate swindler a leg up to acquire those properties. No wrong doing was discovered during the FBI investigation which included recording Oxley.

State Senator Raymond Lesniak (D-Union), a member of the judiciary committee that screens judicial nominations, filed a Freedom of Information Act request for the Oxley files after The Star Ledger reported there existence last June.  The FBI declined the request, citing Oxley’s privacy.  Oxley did not respond to Lesniak’s request that he authorize the release of the files.  The Justice Department declined Lesniak’s appeal if the initial rejection.

State Senator Nicolas Scutari, chairman the the senate judiciary committee, was non-commital about Oxley’s nomination:

“I wouldn’t say it’s absolutely over, but I would say that’s certainly a piece of information that we’d like and it does jeopardize it to some degree,” he said. “I don’t think Senator Lesniak is wrong in requesting that information.”

Oxley declined to comment and referred questions to Governor Christie’s office.

Oxley, an attorney in private practice, could have numerous legitimate reasons, including attorney-client privilege, for declining to authorize the release of his recorded conversations.

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Crafty Senator Sam Thompson wants Treasury to collect Judges “unpaid contributions” to pension and health benefit funds

Crafty Senator Sam Thompson

While the legislature is moving forward to put a Constitutional Amendment on the ballot that will overturn the State Supreme Court’s decision that Judges don’t have to pay their fair share of their pensions and health benefits under the reform legislation enacted last year, the ever crafty senator from Old Bridge, Sam Thompson, wants to stick the Judges ruling in Depascale vs The State of New Jersey high up under their robes.

In a letter to the Treasury Department sent this morning, Thompson noted that given that the Court ruled that Judges’ “salary” includes their pensions and health care, the men and women in black have been under contributing to those funds since 1982.

Thompson wrote:

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NJ Judges: We’re the .005%

Never mind the 1% to 99% rhetoric that has worked its way into our lexicon since the Occupy movement moved into Zuccotti Park.  With yesterday’s 3-2 decision that judges are exempt from New Jersey’s pension and health benefits reform, our State’s judiciary have declared themselves the .005%.   They are the truly elite. The 400 of New Jersey’s 8.8 million citizens. They don’t have to share in the sacrifice.

As Governor Christie said in Atlantic City yesterday,

“What we did, the administration and the Legislature, was demand that everybody in public employment pay their fair share for the benefits they’re going to get like people in the private sector do every day. And I cannot believe that we’re going to permit one small sector of folks (to be exempt), who consider themselves special, and who by the way granted themselves this special treatment themselves. That doesn’t make any sense to me.’’

“If you’re a police officer, or a fire fighter, or a teacher in this state, and you’re paying more for your health benefits and your pension, I’ve got a feeling you’re pretty frosted if it turns out that a group of judges decides for the whole group of judges that they don’t have to pay their fair share.’’

Hat tip to Capital Quickies

Christie told NJ 101.5’s audience on his monthly Ask the Governor show last night that if the legislature puts a Constitutional Amendment on the ballot this fall, he will campaign for it.  That will be the easiest campaign in the history of the world.   There will likely be 3.9 million New Jerseyans voting on November 6.  There are about 400 judges.  If all of the judges got all of their family members and friends to vote against the Constitutional Amendment, would that add up to even 10,000 votes?   I don’t think so.

As Senator Joe Kyrillos said yesterday, “Judicial independence does not mean judicial supremacy and exceptionalism.”   If the legislature acts by August 6, and it looks as though they will, the people of New Jersey will be sending the Judicial branch an overwhelming reminder that they work for us.   In America, even in New Jersey, the people are Sovereign. “All political power is inherent in the people.”

Even though there is not much time, the legislature should consider recommending other changes to Article VI, Section VI of the State Constitution to the people, since we’ll be making changes to the clause anyway.

Is seven years too long before a Judge is reviewed and reconfirmed?  How about 3 or 4 years?   Is tenure after 7 years, if reconfirmed, until mandatory retirement at age 70 still appropriate? How about a review and reconfirmation every 4, 5, or 7 years until retirement.   When the retirement age of 70 for judges was affirmed by Constitutional Amendment in 1978, the average life expectancy in the United States was 73.5.  Now, the average life expectancy is 78.  Why not increase the mandatory retirement age to 75 or 80? How about establishing a voluntary retirement age before being eligible to collect a pension at 70. Those would create some pension savings.

The Judiciary has given the Legislature an opportunity to make substantive adjustments to the .005%’s superiority and exceptionalism.

As Governor Christie told a Town Hall meeting audience in Garfield on May 2, it is extraordinarily difficult to hold judges accountable in New Jersey.   Now would be a good time to make some changes.

If you agree, contact your legislators and the governor.   Pass this column on and ask others to do the same.  Time is short.

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NJ Supreme Court rules for themselves, fellow judges

The New Jersey Supreme Court ruled 3-2 with Chief Justice Stuart Rabner not participating, this morning in Paul M. DePascale v State of New Jersey that the pension and health benefits reforms passed by the legislature and signed into law by Governor Christie last year violates the State Constitution’s provision prohibiting a reduction in judges salaries during their terms.  Thus, New Jersey Judges will not be contributing more to their pensions and health benefits, unless the Constitution is amended.

The issue now goes back to the Legislature.  Legislation putting a Constitutional amendment on the ballot this fall was held up in June pending the Supreme Court’s decision.

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Judge Michael Guadagno elevelated to Appellate Court

Photo credit: The Monmouth Journal

Judge Michael A. Guadagno, the presiding judge of the Monmouth County Court’s family division, has been elevated to the Appellate Division of the State Superior Court effective August 1, Chief Justice Stuart Rabner announced today.

Judge Guadangno is Lt. Governor Kim Guadagno’s husband.

The Appellate Division of the Superior Court is New Jersey’s intermediate appellate court. The 32 Appellate Division judges hear appeals from decisions of the trial courts, the Tax Court and state administrative agencies.  The Appellate Division decides approximately 6,500 appeals and 7,500 motions each year.

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Jersey Style Appointments and Hearings

Monmouth County Prosecutor Peter E. Warshaw, Jr was nominated by Governor Chris Christie to become a Superior Court Judge on June 14.  The Senate Judiciary Committee will hold his confirmation hearing today.  He is likely to be confirmed by the full Senate before the end of the week, ending his 18 month tenure as county prosecutor.

First Assistant Prosecutor Christopher Gramiccioni is expected to be nominated to replace Warshaw as the chief prosecutor in Monmouth County.  Word in the legal community is that Gramiccioni, a former Assistant U.S. Attorney under Christie, was the governor’s first choice to become Monmouth County Prosecutor in 2010 but that he was 18 months short of the residency requirements.

Former Monmouth County Sheriff Joe Oxley, also former Monmouth GOP Chairman, was nominated to the Court on May 14. Oxley’s confirmation has yet to be scheduled by the Democratically controlled Judiciary Committee, due in part to a Star Ledger report that federal informant Soloman Dwek accused Oxley, Senator Joe Kyrillos and Assemblywoman Amy Handlin of trading favors for campaign contributions.  

Dwek’s allegations were revealed in discovery documents in the civil case of former Hudson County Assemblyman Louis Manzo who unsuccessly sued the U.S. Attorney’s office to recover $100K in legal fees that resulted Manzo’s 2009 Operation Bid Rig indictments. Manzo was accused under the Hobbs Act of accepting bribes from Dwek in exchange for future help in zoning and permit applications should Manzo be elected Jersey City Mayor.  Manzo was running for Mayor for the fifth time when the alleged bribe occurred.  Federal Judge Jose Linares threw out the charges on the basis that the Hobbs Act applied only to elected officials, not candidates.  The Appellate Court affirmed Linares’ ruling.

The discovery documents in Manzo’s civil case miraculously found their way to the Star Ledger in what Kyrillos called an “oppo (opposition research) dump” by U. S. Senator Robert Menedez’s reelection campaign.  Kyrillos is the GOP nominee to unseat Menendez and a minority member of the State Senate Judiciary Committee which reviews judicial nominations.

Expect the Judiciary Committee to schedule Oxley’s confirmation hearing in September or October as the general election campaign is heating up.  Democratic Senator Ray Lesniak has called for Dwek, who is in federal prison, to testify at Oxley’s hearing.  That would put Kyrillos, as a member of the committee and also accused by Dwek of trading favors for contributions, in a hot seat at the height of the U.S. Senate campaign.

In another potential twist in this tangled web, Gramiccioni was one of the federal prosecutors working on the Bid Rig investigations, including Manzo’s, according to Bob Ingle and Michael Symons in Chris Christie: The Inside Story Of His Rise To Power (page 90).  Should Gramiccioni be nominated Monmouth County Prosecutor, as expected, his nomination will also be subject to a Judiciary Committee hearing.

Gramiccioni’s wife, Deborah, is Governor Christie’s Deputy Chief of Staff for Policy and Cabinet Liason.

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Monmouth Courthouse to remain closed on Monday

The source of the illnesses that befell over 70 people at the Monmouth County Courthouse last week is still unknown and the the Court will remain closed on Monday, according a press release from Monmouth County’s Public Information Office.

Results of the tests performed by officials from the State Department of Health and Senior Services on Thursday and Friday are not yet available.

A New Jersey Judiciary announcement of how the Court will handle emergent matters can be found here.

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Monmouth County Courthouse to remain closed Wednesday

Further testing to be conducted for cause of illness

 FREEHOLD, NJ – The Monmouth County Courthouse will remain closed tomorrow for additional testing of allergens – substances derived from plants, animals or items that can be found on people’s desks. Once the testing is complete, the courthouse will be cleaned again.

“All the tests so far have ruled out the most probable causes for the symptoms that were reported by employees and other individuals with business at the courthouse,” said William K. Heine, director of Public Information for the county. “We have ruled out possible causes that could be related to housekeeping, construction and general building maintenance.”

Tuesday night, the courthouse was tested for the presence of dust, pollen and mold on carpeting, chair fabric, desk surfaces and underneath desks. Nothing out of the ordinary was found. Levels of dust, mold and pollen were lower inside the building than outside the building.

To date, the county has checked the construction area of the courthouse’s East Wing and found nothing that would contribute to the symptoms of illness reported by the employees. Likewise, the heating and ventilation systems have been checked for leaks and none were found. The air filters in entire building were changed over the weekend and again on Tuesday. The county has also determined that there has been no change in the regular cleaning of the building.

“The county continues to work with the state Judiciary to resolve this issue,” Heine said.

On Monday, more than 60 courthouse employees reported symptoms of illness that included shortness of breath, chest pain, palpitations, rash and dizziness. A triage and treatment area was established outside of the courthouse where all individuals with symptoms were properly evaluated by emergency medical professionals. Thirty people were taken to area hospitals with symptoms that included rash or hives, elevated blood pressure and difficulty breathing.

After the courthouse was closed at 1 p.m. on Monday, the State Police Hazardous Materials Unit tested the building’s interior for 25,000 different compounds and found nothing that would have contributed to the reported symptoms of illness.  

The situation developed on Friday when 17 courthouse employees reported the same general symptoms of illness. Several individuals were confirmed to be diagnosed with allergic reactions. The affected area of the courthouse was thoroughly cleaned last weekend.

 “If a courthouse employee or anyone having business at the courthouse is experiencing any of the symptoms, we encourage them to go to the emergency room or their private physician,” Heine said. “We also ask that they contact the county health department at 732-431-7456 to report any symptoms.”

It is believed that there is no danger of person-to-person transmission. Anyone who was inside the courthouse since Friday should launder the clothes that they wore separately from other items. Individuals should also shower with soap and water as well.

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