MALPRACTICE LAW IN BERGEN AND PASSAIC: EX-PARTE CONFERENCE WITH JUDGES

A Mercer County judge was recently reprimanded by the Supreme Court for having an ex-parte conversation with a relative of a criminal defendant, where the judge sought to convince the relative that a plea offered by the government was reasonable and in the defendant’s "best interest."

The defendant, a former police officer who, while serving an eight year term of imprisonment on an unrelated offense, was indicted again for an assortment of theft offenses. The government’s offer sought a guilty plea from the defendant with the sentence to run concurrent with his present term. At a status conference, the judge requested to speak with the defendant’s brother and suggested that the brother "make some sense" to the defendant on the plea offer.

The judge admitted that the conversation occurred and said he was motivated by the emotional impact the case would have on the defendant’s family and especially his teenage daughters.

The Court concluded that the judge’s behavior offended three ethical rules. The first prohibited judges from participating in plea discussions. The second prevented judges from initiating ex-parte communications. The third restrains judges from doing anything that would be prejudicial to the administration of justice.