Municipal Judge Cannot Hear Cases Involving Same Municipality’s Police Department That Employs His Son

In re Advisory Letter No. 7-11, 213 N.J. 63 (2013). This was an appeal from the Supreme Court Advisory Committee on Extrajudicial Activities. George M. Boyd is the Chief Judge of the Municipal Court of the City of Perth Amboy. He has served as a Municipal Judge there since 1991. In 2010, his son was sworn in as a Perth Amboy police officer, and he went on active duty at the start of 2011. Judge Boyd advised the Assignment Judge of Middlesex County of the fact that his son had become a police officer. Because the Assignment Judge and Judge Boyd differed over what effect his son’s new status had, an opinion was sought from the Advisory Committee. The Committee opined that Judge Boyd could not sit as a Municipal Court judge in the same municipality where his son was a police officer. Judge Boyd sought review by the Supreme Court.

In an opinion by Justice Albin, the Court held that recusal in cases involving Judge Boyd’s son, the solution that Judge Boyd advocated, was not sufficient. Though Justice Albin provided a lengthy discussion, the essence of the Court’s ruling boiled down to whether “a reasonable, fully informed person have doubts about the judge’s impartiality.” The Court found that a reasonable, fully informed person would have such doubts. “Judge Boyd must render final judgment on the credibility of his son’s colleagues … [and even] issue adverse rulings against the police department that would be extremely displeasing to Officer Boyd’s fellow officers. It would not be unnatural for any father to ponder the consequences of his decisions on the life and career of his son — even if he were to do his best to disregard such extraneous considerations in deciding a case. It is the appearance of the conflict between public duty and filial ties that will strain public confidence in the integrity of the judicial process.”

The Court found especially persuasive the ruling in State v. Connolly, 120 N.J. Super. 511 (App. Div. 1972), in which an Essex County Law Division judge whose son was an assistant prosecutor in the same county, was required to disqualify himself from any case presented by Essex County Prosecutor’s Office. Judge Boyd could no longer serve as Chief Judge or hear any cases involving the Perth Amboy Police Department or its employees. He could continue, however, to preside over other matters.