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Criminal Defense Litigation

9/29/2009
Frank T. Luciano, Esq.
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LEGAL MALPRACTICE LAW IN BERGEN AND PASSAIC COUNTIES: JUDGE DISCIPLINED FOR SARCASTIC COMMENTS AT CONTEMPT HEARING

A municipal court judge, who sits in Keyport, Perth Amboy and Woodbridge was recently disciplined by the Supreme Court for his conduct at a video taped plea hearing with an incarcerated defendant who was charged with non-moving motor vehicle offenses.

When the municipal judge abruptly terminated a discussion with the defendant about the reasons associated with the defendant’s current incarceration, the defendant gave the judge the finger, a “raspberry” and appeared to spit as he left the video area.  The judge required the defendant to return, held him in contempt and initially imposed a 30 day jail term.  When the defendant retorted, the judge upped the jail time to 45 days.  The defendant’s response to this increase in jail time caused the judge to move the penalty to 60 days and, when the defendant said “no, give me 70," the judge obliged and increased the term to 75 days.  Ultimately, the judge imposed 180 days of imprisonment.

A committee that monitors judicial conduct found that the judge’s behavior was intemperate and inappropriate.  It also observed that the sentencing process was more like an action than a judicial proceeding.  The Supreme Court endorsed the committees findings and reprimanded the judge.




Frank T. Luciano, Esq., is a trial lawyer in Bergen County, Passaic County, Hudson County and Morris County with over thirty years of experience in the defense of criminal prosecutions with special emphasis in drug crimes and drunk driving (DWI/DUI) offenses.


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