Connect with us

New Jersey

Retired judge: New Jersey’s ‘veto power of one’ leads to justice delayed and justice denied | Opinion

Published

on

Retired judge: New Jersey’s ‘veto power of one’ leads to justice delayed and justice denied | Opinion


By Julio L. Mendez

Each citizen coming to courtroom is entitled to the well timed disposition of their case. That may be a core precept of New Jersey courts. Nonetheless, a staggering variety of judgeships within the state are unfilled. Due to these vacancies, the courts are unable to ship on that promise of well timed justice.

Delays go away kids with out permanency, victims of home violence with no last listening to, an injured plaintiff unable to get a trial, a felony defendant lingering in jail. The implications are unending.

The present degree of judicial vacancies is unacceptable. There are 60 vacancies, representing over 16% of the 457 Superior Courtroom choose positions. The variety of vacancies impacts the honest administration of justice. Judges have extreme caseloads, usually resulting in burnout.

Advertisement

Addressing the problem is of paramount significance.

However the judicial emptiness disaster, you will need to spotlight that the New Jersey framework for the choice, vetting and appointment of judges has served the general public nicely. It’s significantly better than the federal system, and immensely higher than electing judges. The New Jersey Judiciary is taken into account probably the greatest within the nation.

The method for the choice of judges is advanced and deliberate. It includes a mix of politics and qualification standards. Underneath the Structure, the governor appoints judges with the recommendation and consent of the State Senate.

An important element of the method is the vetting of judicial candidates to make sure high quality, improve public belief and diminish the impression of politics. Governors and senators deserve credit score for the excellence and repute of the New Jersey courts. However additionally they share duty for the judicial emptiness disaster.

The judicial choice framework requires that no matter which political celebration is in energy, half of the judges ought to come from every political celebration. Political stability cultivates moderation and stability, engenders cooperation, and most significantly, builds belief within the judicial system. Political stability serves the general public curiosity.

Advertisement

The New Jersey Structure requires obligatory retirement at age 70 for all judges. In different phrases, judges and justices have a time period restrict. It is a essential component of checks and balances, offering common turnover of judges. Importantly, obligatory retirement helps to handle the historic lack of range on the bench. It opens the chance to nominate new judges.

The opposite distinctive component is the seven-year tenure overview of judges. This process permits elected officers to evaluate efficiency earlier than a choose obtains tenure to age 70. All these distinctive components have contributed to a wonderful judiciary.

The most important issue lies with senatorial courtesy.

It’s an unwritten rule that allows a single senator to dam the appointment of a judicial candidate, and different gubernatorial appointments from their house counties or legislative districts. It permits a state senator to indefinitely halt consideration of a judicial candidate no matter {qualifications}.

No motive or clarification required.

Advertisement

Senatorial courtesy is a Machiavellian political instrument that heightens the political energy of senators. It provides a senator bargaining energy to acquire political concessions, usually completely unrelated to the judicial candidate.

It’s the veto energy of 1, to the detriment of the opposite branches, and to the general public that deserves a full complement of judges.

The extreme use of courtesy is a significant downside, significantly in giant counties that cowl a number of legislative districts, permitting a number of senators to carry up a nomination. In different components of the state, the judicial appointment course of has labored extra effectively.

Senatorial courtesy isn’t discovered wherever within the structure. It’s an excessive growth of the constitutional recommendation and consent energy and limits the governor’s appointment authority.

The abuse of senatorial courtesy raises important constitutional points. A authorized problem is difficult, and the result is hardly predictable. To date, courts have punted, ruling that the problem isn’t a justiciable constitutional query.

Advertisement

The perfect resolution is to conform to average senatorial courtesy. All of it begins with an appreciation of the constitutional position every department performs within the choose choice course of. step ahead got here final month with the appointment of two wonderful state Supreme Courtroom Justices. The following step is to scale back choose vacancies to 25 or fewer.

What about some proposed modifications to start the dialogue: to detach the train of senatorial courtesy for judicial appointments from different political appointments, to restrict courtesy to a senatorial district and never the complete county, to remove the indefinite halt of a professional judicial candidate, to require the senator to challenge a press release explaining the explanations for courtesy, and to require a listening to inside 90 days as soon as a nomination is made by the governor.

Calls to remove or alter senatorial courtesy started even earlier than the 1947 Structure. Regardless of vociferous objections by the New Jersey State Bar Affiliation, and governors, senatorial courtesy has survived.

Now could be the time to behave. Addressing this challenge supplies the brand new Senate president with a historic second so as to add to his legacy.

Justice delayed is justice denied.

Advertisement

Julio Mendez, retired project choose for the Atlantic-Cape Could Vicinage, is a senior contributing analyst for the William J. Hughes Heart for Public Coverage at Stockton College.

Our journalism wants your help. Please subscribe right this moment to NJ.com.

Right here’s the way to submit an op-ed or Letter to the Editor. Bookmark NJ.com/Opinion. Observe us on Twitter @NJ_Opinion and on Fb at NJ.com Opinion. Get the most recent information updates proper in your inbox. Subscribe to NJ.com’s newsletters.





Source link

Advertisement
Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

New Jersey

New Jersey teen arrested for swatting Bayonne school

Published

on

New Jersey teen arrested for swatting Bayonne school


A 15-year-old New Jersey girl was arrested for swatting William Shemin Midtown Community School in Bayonne.

It’s unclear if the teenager accused of falsely alerting police to an emergency situation attends the 1,200 student elementary school she shut down for about an hour Monday morning, according to NJ.Com.

Law enforcement closed streets near the campus while making sure the apparent prank posed no risk.

“At no time was the safety of any student, faculty member, or general public at risk,” the Bayonne Police Department said in a statement posted Wednesday.

Advertisement

School officials announced a shelter in place order when the incident unfolded, then lifted the order soon after realizing the report was a hoax.

“Please be advised that the shelter in place has been lifted and all is well at the Den,” the “Home of the Bears” posted Monday.

The suspect in Monday’s swatting reportedly faces a fourth-degree felony charge that would land an adult in prison for up to 18 months. A $10,000 fine could also be imposed.





Source link

Advertisement
Continue Reading

New Jersey

New Jersey shakes for the over 150th time since April earthquake

Published

on

New Jersey shakes for the over 150th time since April earthquake


🔺 The state has felt over 150 aftershocks since the April 4 earthquake

🔺 Wednesday’s was one of the strongest aftershocks

🔺 Over 376 people reported feeling it to the USGS


 

The state experienced yet another aftershock Wednesday morning nearly a month after the strongest earthquake in New Jersey’s history shook the state.

The magnitude 2.6 earthquake happened at 7:01 a.m. and was centered 2.6 miles WNW of Gladstone near the Morris County/Somerset County border, according to the US Geological Survey. Reports about the earthquake came mostly from Hunterdon, Somerset and Morris counties with reports as far south as Mercer County.

It was the 150th recorded aftershock since the initial magnitude 4.8 earthquake centered near Whitehouse Station on April 4. Another strong magnitude 2.9 tremor was recorded on Saturday.

Advertisement

Map shows all aftershocks since April 8

Map shows all aftershocks since April 8 (USGS/Canva)

Did you feel it?

While over 376 people reported feeling Wednesday’s aftershock to the USGS New Jersey 101.5 Chief Meteorologist Dan Zarrow said if you didn’t feel it that’s normal.

“Anything below a magnitude M3.0 on the Richter scale is barely even worth mentioning. Such quakes are rarely felt by humans. And damage to infrastructure is unlikely,” Zarrow said.

Zarrow said Wednesday’s aftershock was 158 times smaller than the initial earthquake in early April. And it released almost 2000x less seismic energy.

Aftershock kits

“Aftershock kits” have been deployed in and around the earthquake’s epicenter (Hunterdon County) by the U.S. Geological Survey and experts at labs from throughout the country. The temporary seismometers, which are scheduled to be here for months, are taking in any rumblings that may occur in the aftermath of the quake.

Advertisement

Experts will learn more about the frequency of aftershocks, and how energetic they can be. In general, studying aftershocks can provide researchers with vital information about the nature of earthquakes so society can be best prepared for future events.

Previous reporting by Dino Flammia was used in this report

Report a correction 👈 | 👉 Contact our newsroom

High expenses necessary to raise just one kid in NJ

Living Wage calculates the average costs and salaries necessary to raise children in a given region or state across the country. Below is the 2024 breakdown for just one child in New Jersey.

Gallery Credit: Mike Brant

How much does parking cost at NJ fun spots?

It’s great to spend time at New Jersey amusements and fun spots. Some places charge to both park and get into an attraction while others offer free parking. (information is as of April 22, 2024)

Advertisement

Gallery Credit: Dan Alexander

NJ DOT’s 2024 collection of humorous safety messages

The NJ DOT continued to use a series of humorous seasonal safety messages on its’ over 200 electronic signs around New Jersey.

Gallery Credit: Dan Alexander





Source link

Advertisement
Continue Reading

New Jersey

43 years ago today: U.S. Senator from N.J. convicted of bribery – New Jersey Globe

Published

on

43 years ago today: U.S. Senator from N.J. convicted of bribery – New Jersey Globe


Before gold bars, it was titanium.

Forty-three years ago today, Harrison A. Williams, Jr., a four-term U.S. Senator from New Jersey, was convicted on federal bribery and conspiracy charges related to the ABSCAM scandal.

The anniversary of a jury verdict that found Williams guilty of nine counts of corruption comes less than two weeks before the criminal trial of his successor, Bob Menendez, begins on May 13.

The outcome of this trial could lead to the three-term Democrat seeking re-election as an independent – or an interim appointment to Menendez’s Senate seat by Gov. Phil Murphy.

Advertisement

Williams maintained his innocence and refused to leave the Senate.  He stayed there for more than ten months, resigning just as his colleagues were on the verge of expelling him.

Undercover FBI agents posed as Arab sheiks in a sting operation that led to the convictions of Williams, six congressmen, including 13-term Rep. Frank Thompson, Jr. (D-Trenton), and others, including State Sen. Angelo Errichetti, the mayor of Camden.

After nearly 28 hours of deliberation, a jury believed the Justice Department’s allegation that Williams and Alexander Feinberg, a former Assistant U.S. Attorney and 1958 Democratic congressional candidate, received an 18% share in a Virginia titanium mine in exchange for the senator’s help in obtaining military contracts.  The mine was to be resold with a profit of $12.6 million for Williams.

Williams was the chairman of the Senate Labor and Human Resources Committee at the time of his indictment.

The senator’s friends claimed he got into trouble because his second wife, Jeanette, his former Senate staffer, had lofty ambitions and lavish tastes he could not afford.

Advertisement

Jeanette Williams claimed that Jimmy Carter’s White House was retaliating against her husband for backing Ted Kennedy in the 1980 Democratic presidential primary, and alleged that the governor of New Jersey, a Carter supporter, hoped to replace Williams.

“Why can’t I say it,” she said after the verdict.  “Brendan Byrne wants his seat.  According to the Star-Ledger, from behind a closed door, Jeanette Williams yelled, “It was an outrage from beginning to end.”

Hours after Wiliams was convicted, the Senate Ethics announced their own investigation.  They had opened a probe in 1980 after new reports of Williams’ involvement in the sting operation but suspended it after the Justice Department unsealed its indictment.

Williams would not resign his seat.

“While I may have crossed over the line which divides appropriate service to constituents from excessive boasting and posturing,” Williams told the Senate Ethics Committee.  “I never engaged in any illegal conduct; I never corrupted my office, and I never intended to do anything that would bring dishonor to the Senate.”

Advertisement

Calling his behavior “ethically repugnant, the committee voted unanimously in August 1981 to recommend

Williams went to court to challenge the Ethics Committee’s refusal to allow him to be represented by counsel during their process, but a federal judge refused his bid for a temporary restraining order to prevent the Senate from ousting him.

Hawaii Democrat Daniel Inouye had agreed to represent Williams on the Senate floor and was granted several delays as he prepared to defend his colleague.

Republicans had ended a 24-year Democratic majority in 1980, and Williams’ seat was up in 1982.  In the background was the closest gubernatorial race in New Jersey history; after a recount that went to the end of November, Republican Tom Kean edged out Democrat Jim Florio by just 1,797 votes, 49.46% to 49.38%.

To avoid Kean’s appointment of a Republican U.S. Senator, Democrats in New Jersey and Washington began to intensify their pressure on Williams to resign so that the outgoing governor, Democrat Brendan Byrne, could make the appointment.  But Williams, whose sentencing had been pushed to February 1982, refused to go.

Advertisement

Democrats, led by Minority Leader Robert Byrd, sharpened their push in the days before Kean’s January 19, 1982 inauguration, which continued into inauguration day.

Byrne went to Kean’s inaugural with a letter in his suit pocket addressed to Secretary of State Donald Lan appointing former Senate President Joseph Merlino to the United States Senate.  Lan was ordered to remain at Byrne’s side, without fail, until the moment Kean took office, just in case Williams changed his mind at the last minute and resigned.

(While Menendez was on trial in 2017, then-Gov. Chris Christie was preparing to appoint Bob Hugin, the head of a New Jersey pharmaceutical company, Celgene, to replace him.  Hugin had committed to self-funding his 2018 campaign; he wound up doing that anyway, but lost to Menendez.)

Bradley stood by Williams until almost the end

The state’s other senator, Bill Bradley, stood by him and said that government allegations aren’t always true. Bradley still refused to call for Williams’s resignation following his 1981 conviction.

In March 1982, ten months after Williams’s conviction, the United States Senate moved to debate whether Williams would become just the third U.S. Senator in history – and the first since the Civil War – to be expelled. Expulsion required a two-thirds vote.

Advertisement

But on March 10, at the end of the fifth day of the Senate expulsion trial, Bradley announced that he would vote to expel Williams.  The loss of Bradley tipped the scales; with a vote near and without the support to avoid being expelled, Williams, for the first time, hinted that resignation was an option. He resigned the following day.

Williams was sentenced to three years in federal prison and served 21 months.

In a 1986 interview, Williams said he was convicted of a “dishonest crime.”  He defined that as “when someone else creates the situation for which you are convicted.

Suffering from heart disease in late 2000, he asked Bill Clinton to pardon him.  Clinton declined, and Williams died in 2001 at age 81.

Williams had lost bids for the State Assembly and the Plainfield City Council before winning a 1953 special election for Congress.  He was re-elected in 1954 but unseated two years later by Republican Florence Dwyer (R-Elizabeth).  He defeated Rep. Robert W. Kean (R-Livingston) for an open U.S. Senate seat in 1958.   In 1980, just a few weeks before his involvement in Abscam became known, he publicly toted with running for governor in 1981.

Advertisement

Thompson, the powerful chairman of the House Administration Committee, lost his seat in 1980 to Republican Christopher Smith, then a 27-year-old pro-life lobbyist and now the longest-serving congressman in New Jersey history.

This will be Menendez’s second bribery trial. In 2017, a jury failed to deliver a verdict on different alleged crimes. The charges against him were dropped, and Menendez won re-election to the Senate by a wide margin.

During Williams’ legal troubles, Menendez was in between stints on the Union City Board of Education and his election as mayor in 1986.

It’s unclear how the Senate will immediately deal with Menendez if he’s convicted, although the Ethics Committee would be likely to take up the case quickly.

Democrats are battling to hold control of the U.S. Senate, and at least four of their incumbents are in tough races.  Republicans in those states could make an issue of Menendez remaining in the Senate. It would take 67 votes to remove him from office.  Murphy would appoint a caretaker to hold the seat until January 3, 2025.

Advertisement

Friends of Menendez insist he’ll never resign.



Source link

Continue Reading

Trending