The Law Offices of Edward Harrington Heyburn, PC

This year we have seen an onslaught of ethics cases targeting municipal court judges.  Hon. James Newman was admonished because he advised the defendant that he had a conflict and another judge would have to hear the matter.  Then Judge Newman arraigned the defendant (which is a ministerial procedure which if often waived by an attorney).  Despite the fact that Judge Newman recused himself and nothing he did in the arraignment was improper, he was targeted.  The hunt continues and now the New Jersey Supreme Court will hear oral argument in State v. Terence McCabe.  The issue is whether the municipal judge was required to recuse himself in this DWI matter because he and defendant’s counsel represented adverse parties in an unrelated matter in the Superior Court, Chancery Division?  Municipal Court Judgeships are part-time positions.  If part-time judges truly present ethical dilemmas because their private practice interferes with their role as a judge, then require the judges to be full time.  If the Court is going to burn these judges at the stake, they may find that there is a short supply of willing candidates!