December 2007

Judge: Blogger identity is safe

Rules for person targeting officials

By Alesha Williams Boyd • Freehold Bureau

12-22-07 -- The undisclosed identity of an Internet blogger whose comments targeted local officials will remain a mystery for now, a state Superior Court judge ruled Friday. . . . Judge Terence P. Flynn in Freehold ruled to quash a subpoena filed by Manalapan Township against Google, seeking the name and account information of the author of the blog “daTruthSquad.blogspot.com” calling the request "an unjust infringement on the blogger's First Amendment rights.". . . The subpoena is part of an ongoing lawsuit filed in June against Stuart Moskovitz, a former township attorney and mayor. The township contends Moskovitz botched negotiations for a recreational land purchase in 2005. . . . Attorneys for the township believe Moskovitz is the owner of the blog.

Da blog celebrates da ruling at this link.

Fearing Class Action, Carrier Removes Lawyer's Dental-Bill Suit to Federal Court

Henry Gottlieb, New Jersey Law Journal

12-14-07 -- A New Jersey lawyer who won a $45 million class action settlement last year from Horizon Blue Cross is suing the carrier in small claims court for not paying his $462 dental bill. . . . And the carrier, saying it fears the suit may be a prelude to another class action, has hired McCarter & English, the state's largest firm, to make a federal case out of it. . . . A dentist charged Eric Katz $600 to fill a decayed tooth with composition bonding, but Horizon Blue Cross told him his coverage under his ex-wife's family policy permitted reimbursement for an inexpensive silver filling only. The carrier pegged the benefit at $138, leaving the rest of the bill to Katz. . . . Katz appealed to the carrier, armed with a statement from dentist Fred Teschemacher that bonding was required because Katz's teeth were "severely eroded."

`Sopranos' Creator David Chase in Court

By Janet Frankston Lorin

12-12-07 -- (AP) — David Chase was in federal court Wednesday to defend his role in creating the Emmy-winning HBO mob drama, "The Sopranos." . . . The case was brought by a former New Jersey municipal court judge who claims his ideas helped Chase come up with the plot for the show. . . . Chase arrived at the Trenton courthouse with two lawyers, but declined to comment. . . . Thirty-one prospective jurors were in the courtroom, where they were told eight would be chosen to hear the case, which is expected to take eight days. . . . Chase, dressed in a black suit, sat at a table with his lawyers. His wife, Denise Chase, who is vice president of his production company, was also seated at the table. . . . Opening statements were expected after the lunch break. . . . Robert Baer, also a former assistant prosecutor in Union and Hudson counties, sued Chase in 2002, claiming he suggested a TV show about organized crime in New Jersey and gave Chase a crash course on the North Jersey mob. He wants credit and compensation. . . . A federal judge dismissed Baer's lawsuit twice, but those rulings were overturned.

November 2007

Lawyer-Judge May Be at Center of Land-Flip Fraud

Mary Pat Gallagher, New Jersey Law Journal

11-30-07 --A Garfield, N.J., lawyer who is also the town's judge may have played a central role in a scheme to defraud lenders by obtaining mortgages based on inflated appraisals of run-down properties. . . . A state civil suit points to Garfield solo William Colacino Jr. as the lawyer referred to in a federal criminal case as "W.C.," an unindicted co-conspirator whose legal services, law office, attorney bank accounts and legal assistant were allegedly used in the scheme. . . . Colacino, admitted to the New Jersey bar in 1973, has been Garfield's judge since 1984. He also sat in Wood-Ridge from 2004 until the end of 2006. . . . Neither he nor his lawyer in the civil case, Karen Painter Randall of Roseland, N.J.'s Connell Foley, returned a reporter's call. . . . Assistant U.S. Attorney Kevin Walsh, the prosecutor in the federal case, declines to say whether W.C. is Colacino or whether W.C. will be criminally charged.

Judge Korpita pleads not guilty to DWI

He could face official misconduct charge

By Michael Scholl, Daily Record
11-28-07 --George R. Korpita is used to presiding over courtrooms from his perches on the benches of the municipal courts of Dover, Victory Gardens and Rockaway. . . . But he got a different perspective of a courtroom Tuesday morning when he made his first appearance as a defendant in state Superior Court in Union County to face charges of driving while intoxicated and careless driving that stem from a Nov. 6 incident in Roxbury. . . . Korpita, 47, did not speak during the three-minute hearing before Judge John S. Triarsi. But he stood behind the defense table next to his attorney, James E. Trabilsy, who entered pleas of not guilty to the DWI and careless driving charges on his client's behalf. . . . Korpita may later face a more serious charge, according to Assistant Morris County Prosecutor Ralph Amirata, who told Triarsi that the investigation into the Nov. 6 incident "is still ongoing."

Garfield judge relieved of duties

By Alexander MacInnes, Herald News

11-28-07 --William C. Colacino Jr., the Garfield municipal judge with alleged ties to an elaborate real estate scheme in Paterson, has been removed temporarily from his seat by Garfield City Manager Thomas Duch. . . . Colacino, who has not been indicted or identified by federal prosecutors in that case, was relieved of his responsibilities last week by Duch, with Bergen County presiding Municipal Judge Roy McGeady replacing Colacino until further notice. . . . "The press has indicated that his initials have come up frequently in this case, but at this point without an indictment, they're just allegation," Duch said. "You're innocent until proven guilty on one side, and on the other side, people are coming into Municipal Court to have cases heard, and they're having their case heard by a judge who keeps being referred to in the press."

Arrest report says judge failed several sobriety tests

by Bill Swayze/The Star-Ledger

11-16-07 -- When pulled over by Roxbury police for suspected drunk driving, Municipal Court Judge George Korpita handed the officer a blue identification card, nonchalantly saying "I'm a judge," according to the arrest report released today. . . . "I'm OK, bro. I'm OK," Korpita said, according to the report. "I'm a judge, bro." . . . But the 47-year-old judge for Dover, Rockaway, and Victory Gardens had a blood-alcohol level nearly three times the legal limit when he got behind the wheel after leaving a Route 46 go-go bar early on Nov. 6, according to the arrest report. . . . Korpita proceeded to fail several back-to-back sobriety tests, even when given several chances to pass them. He couldn't recite the alphabet, couldn't walk a straight line, or stand on one leg or touch the bottom of a pen held in front of his face, according to the report.

Judge Broome reprimanded by N.J. panel

By Madelaine Vitale Staff Writer

11-14-07 -- An Atlantic County judge who imposed improper fines for young motorists caught with small amounts of alcohol in their blood has received a reprimand for not following proper protocol, but not for his tough stand on the issue. . . . A judicial panel concluded that Municipal Court Judge Henry Broome Jr. did nothing wrong beyond charging excessive fines. Broome fined 11 young violators as much as $800 each after they were caught driving with blood-alcohol levels between .01 and .07. The fines were issued between 2004 and 2005 and were later partially refunded after a court order. . . . The "baby drunken driving" law allows motorists younger than 21 to be prosecuted for driving with blood-alcohol levels below the legal limit of .08, but it does not allow a judge to issue the same fines that would be issued to drivers caught with higher blood-alcohol levels.

Judge Disciplined for Rough Justice But Not for Leveling 'Baby DWI' Fines

Michael Booth, New Jersey Law Journal 

11-9-07 -- The New Jersey Supreme Court on Wednesday reprimanded veteran municipal court Judge Henry Broome Jr. for multiple ethics violations but decided against discipline for a particular quirk of his jurisprudence: imposing DWI fines not authorized by statute. . . . The court agreed with its Advisory Committee on Attorney Ethics that at the time Broome assessed fines on underage drivers under the so-called "Baby DWI" law, there was genuine uncertainty about municipal court judges' power to do so, since the statute and its legislative history could be construed as ambiguous. . . . However, the court did impose fines upon Broome for other foibles, such as: . . . failing to follow a state-court prohibition against dismissal of charges of refusal to take a Breathalyzer test; . . . participating in plea negotiations while sitting as a judge in a case; . . . negotiating and approving a plea agreement in the prosecutor's absence; . . . accepting plea agreements without first ascertaining the factual bases; . . . warning a defendant who testified in his own behalf that the judge would have him "indicted" if he lied under oath; . . . advising litigants at the start of court sessions of his "$100 policy," namely that fines of that amount or less were due and payable on the day imposed.

Local Lawyer Cited for Contempt Files Ethics Complaint Against Judge

New York Lawyer, By Michael Booth, New Jersey Law Journal

11-9-07 -- A lawyer arrested and held in contempt by a Bloomfield Municipal Court judge has filed a complaint against him with the Advisory Committee on Judicial Conduct, claiming he penalized her for raising a racial-profiling defense in her client's traffic-violation case. . . . Rashidah Hasan, an East Orange solo who is also the director of legal affairs for Essex County College, appeared before Judge Joseph Connolly on Oct. 4 on behalf of her client, DeWayne Smith. Bloomfield police had stopped Smith and charged him with careless driving, driving with no insurance, having a loud muffler and failing to obey police orders. . . . Smith, who is black, believed he was the victim of racial profiling, Hasan says, and she demanded that the police department turn over records of its traffic stops, which might support his claim. . . . After Municipal Prosecutor Paul Sant’Ambrogio concluded his case, Hasan made a verbal motion to dismiss the charges. . . . Connolly, she says, “went into a rage, pounding on the desk,” held her in contempt and ordered her to pay a fine of $100. He told her to pay up at the next scheduled hearing in the case, on Oct. 25. . . . At the second hearing, Hasan asked Connolly to withdraw the contempt finding, arguing that she could not adequately represent Smith under the threat of jail for noncompliance.

Former N.J. Muni Court Judges Plead Not Guilty to Improper Ticket Fixing

Lisa Brennan, New Jersey Law Journal 

11-4-07 --Four former Jersey City, N.J., Municipal Court judges alleged to have improperly dismissed tickets for themselves or others pleaded not guilty to official misconduct charges on Thursday in Hudson County. . . . Superior Court Judge Peter Vazquez, in arraigning Wanda Molina, Pauline Sica, Victor Sison and Irwin Rosen, did not require them to post bail but directed that they be fingerprinted and processed as defendants. . . . Vazquez said the venue of the cases will be moved to another county, since the state's chief witnesses are Hudson County Assignment Judge Maurice Gallipoli and trial court administrator Joseph Davis, who conducted the initial investigation. . . . Once venue is changed, state prosecutors will present the cases to a grand jury in the new county.

October 2007

Criminal Charges Announced in N.J. Ticket-Fixing Scandal

Lisa Brennan, New Jersey Law Journal

10-24-07 -- Four Jersey City, N.J., municipal judges, including the former chief judge, were charged Monday with improperly dismissing traffic and parking tickets for themselves, relatives, friends or colleagues. . . . Wanda Molina, who resigned as chief judge on Sept. 20, was charged with second-degree official misconduct, as were part-time Judges Pauline Sica and Victor Sison, who took unpaid leaves of absence last month. All three have since been replaced. . . . A fourth judge, Irwin Rosen, also on unpaid leave, was charged with third-degree official misconduct. Since Rosen has not yet been replaced, Chief Justice Stuart Rabner issued an order Monday suspending him from judicial duties. . . . The second-degree charges against Molina, Sica and Sison each carry a potential jail term of 10 years. Rosen faces a possible five-year sentence. . . . Molina is accused of dismissing five parking or traffic tickets for her personal companion. Sica allegedly dismissed a parking ticket issued to Sison, downgraded another for him and downgraded a traffic ticket issued to a member of Sison's immediate family. Sison is charged with soliciting Sica to handle those tickets for him. Rosen allegedly fixed one parking ticket he had received three years ago.

N.J. Chief Justice Wants Review Of Courts After Corruption Charges

10-24-07 -- (WNBC.COM) Four Jersey City municipal judges have been charged with official misconduct for allegedly fixing traffic and parking tickets for themselves, their friends and family members. . . . Reacting to the charges, New Jersey Chief Justice Stuart Rabner ordered "a review of the entire municipal court system to ensure that proper procedures for dismissing tickets are being followed." . . . His order could mean a statewide investigation to determine if "the culture of corruption" referred to by Attorney General Anne Milgram in Jersey City has infected local courts elsewhere in the Garden State. . . . Milgram, announcing the charges regarding the parking tickets Monday at a news conference, said judges are supposed to avoid any conflict of interest or suggestion of impropriety, but these four clearly did not. . . . "Judges are like umpires," she said. "They're supposed to call the balls and strikes fairly," she said. "They basically made up the rules themselves."

Top judge denies report that tix-fix probe extends into Guttenberg

by Ken Thorbourne

10-17-07 --The state's top judge denied a report today in the New Jersey Law Journal that Guttenberg's municipal court is a target of the state's ticket-fixing probe, which has resulted in five Jersey City judges stepping down. . . . According to the article, written by reporter Lisa Brennan, "court sources" confirmed that the state Attorney General Office's investigation into improperly dismissed tickets has been expanded to Guttenberg and East Orange. . . . But Tammy Kendig, a spokeswoman for New Jersey Chief Justice Stuart Rabner, denied that the four-block wide town is part of the probe. . . . "There is an investigation in East Orange being done at the request of the chief justice," Kendig said. "There is nothing in Guttenberg." . . . But the Law Journal isn't taking back its words.

Judge Keeps Lawyer Disciplinary Reports Under Wraps

By Robert G. Seidenstein

10-17-07 --The activist who lost a bid to open everything in an Office of Attorney Ethics (OAE) file to public view once an attorney has agreed to be disbarred will be appealing that decision. . . . John Paff, an outspoken proponent of openness in the attorney-discipline system, made clear his intention to challenge the ruling during an interview with New Jersey Lawyer. . . . In his case, Assignment Judge Linda R. Feinberg of Mercer County ruled the OAE does not have to reveal reports prepared by its investigators or analyses prepared by its attorneys in building cases against lawyers. . . . In Paff v. Director, Office of Attorney Ethics, Feinberg said the reports and analyses constitute privileged work product "generated in anticipation of litigation of ethics charges" and reflect the thought processes of OAE attorneys. . . . She also said the documents fall within the so-called "deliberative process privilege," which allows the government to withhold documents reflecting advice, recommendations and deliberations that are part of its decision-making process. . . . Paff was instrumental in bringing R.M. v. Supreme Court (2005), in which the New Jersey Supreme Court ruled that those filing complaints against lawyers have a First Amendment right to discuss the matters in public.

Cynicism, but no sign of voter revolt over corruption in Jersey

By Tom Hester Jr., Associated Press

10-13-07 -- It sounds like a joke poking fun at New Jersey's soiled political reputation: Government corruption is so widespread in the state that it alone cannot turn off scandal-weary voters. . . . Even as state Democrats seeking to keep legislative control in November's election endure high-profile corruption cases, many New Jersey voters seem to accept corruption as par for the course. . . . New Jersey voters think their politicians are more corrupt than other states and link government corruption to the Democrats, but are no more likely to vote Republican, according to recent polls by Fairleigh Dickinson University and Quinnipiac University. . . . "The results demonstrate how cynical the New Jersey electorate has become,'' said Michael Torpey, who was former Republican Gov. Christine Whitman's chief of staff. ******** Voters might take some comfort in knowing New Jersey isn't the most corrupt state, at least in the eyes of one analysis. The Garden State ranked ninth, based on federal corruption convictions monitored by the Corporate Crime Reporter, a weekly crime newsletter, behind Louisiana, Mississippi, Kentucky, Alabama, Ohio, Illinois, Pennsylvania and Florida. . . . The study examined convictions in the 35 most populous states and found Utah, Kansas, Minnesota, Iowa and Oregon to be the least corrupt. . . . Russell Mokhiber, the Corporate Crime Reporter editor, isn't surprised by polls that show New Jersey voters seem immune to corruption. . . . "In a culture of corruption, the citizenry submits and stops agitating for change,'' . . . Mokhiber said. "Citizens need to stand up and demand a war on corruption to break the cycle of corruption in New Jersey and elsewhere.''

New Jersey Sees Corruption Flourishing [pdf link]

Poll indicates public takes dimmer view despite four years of reforms

A poll was conducted by the Monmouth University Polling Institute, 400 Cedar Avenue, West Long Branch, NJ 07764 / www.monmouth.edu/polling

10-13-07 -- In the past four years, the state has passed pay-to-play reforms, banned dual office-holding, and pilot-tested public financing of legislative elections. In addition, the U.S. Attorney has arrested or indicted over 100 public officials for corruption. So has the ethics situation in New Jersey improved? Not at all, say Garden State residents. In fact, on most questions tracked by the latest Monmouth University/Gannett New Jersey Poll, public perceptions of corruption in the state have worsened since 2003.

NOW 5 & COUNTING. . .

Latest 'Ticketgate' judge leaves as Healy replaces 4 others

By Ken Thorbourne, Journal Staff Writer

10-12-07 --Yet another Jersey City Municipal Court judge has been dis-robed. . . . Vincent Signorile, a full-time judge at the court for more than a decade, took an immediate leave of absence without pay yesterday amid an ongoing state investigation into the improper dismissal of parking tickets. . . . Signorile's departure makes it five Jersey City justices who have either taken leave or resigned due to the probe that began last month when two court employees were suspended based on allegations they fixed more than 65 of their own tickets. . . . The most prominent judge to give up the bench has been Chief Judge Wanda Molina, who on Sept. 21 resigned in the wake of allegations she improperly disposed of parking tickets issued to her female companion, according to law enforcement officials. . . . The judges have been falling like dominoes since, with Judges Victor Sison, Irwin Rosen, Pauline Sica, and now Signorile all taking leaves. . . . The state Attorney General's Office, the lead agency conducting the investigation, has refused to confirm or deny whether the judges' resignation and leaves are tied to "Ticketgate," but county and city officials have said the departures are all due to the probe.

City's shame spurs probe all over N.J.

10-12-07 --State judicial overseers are reviewing the operations of municipal courts throughout the state following Jersey City's ticket-fixing allegations, the state's top judge said yesterday. . . . "One case of a judge who is dismissing his or her own ticket, even if there is a problem with that ticket, is a case too many. We'll have zero tolerance for this," Chief Justice Stuart Rabner said. . . . As it examines the municipal courts, which generally handle cases such as speeding, drunken driving and disorderly behavior, the state Administrative Office of the Courts will alert prosecutors or the judicial conduct panel if it finds wrongdoing, Rabner said. . . . "This has our sustained attention," said Rabner, whose duties include supervising all courts in the state. . . . Municipal courts serve the state's 566 towns, with some of the smaller towns combining their courts or sharing a judge.

In Parking-Pinched Jersey City, Four Judges Are Suspected of Fixing Tickets

By Jonathan Miller

10-10-07 --Four of the city’s 10 municipal court judges — including the former chief judge — are being investigated by the New Jersey attorney general’s office on suspicion of fixing parking tickets for friends or family, and in at least one case for a colleague on the bench, officials here say. . . . During the past month, the chief judge has resigned and the three other judges have taken leaves of absence. In addition, the chief justice of the State Supreme Court, Stuart J. Rabner, has assigned the day-to-day operations of the court to a Superior Court judge from Hudson County. . . . In a state regularly buffeted by the indictments and convictions of public officials, the trial court administrator here, Joseph F. Davis, added an ominous note. . . . “People are concerned with what they’re seeing,” Mr. Davis, whose position is part of the state court system, said in a recent telephone interview, “and others may be concerned with our ongoing investigation.” . . . Mayor Jerramiah T. Healy — a former Jersey City municipal court judge himself who appointed the recently-resigned chief judge to her $109,265-a-year position — said he was shocked and saddened.

NOW IT'S FOUR

Yet another city judge ducks out as probe goes on

By N. Clark Judd, Journal Staff Writer

10-4-07 -- Amidst a widening probe into allegations of ticket-fixing in Jersey City, another municipal court judge has left the bench. . . . Victor Sison delivered a terse letter to Mayor Jerramiah Healy and Hudson County Assignment Judge Maurice Gallipoli yesterday morning announcing he was taking an unpaid leave of absence from his position immediately. His letter does not offer a reason and calls to his New York and New Jersey law offices yesterday afternoon were not returned. . . . Sison joins colleagues Pauline Sica, Erwin Rosen and Wanda Molina in removing themselves from the bench in the past two weeks. All the cases involve what has been described as the improper handling of parking tickets. . . . The New Jersey Law Journal reported Monday that Gallipoli questioned Sica about tickets she may have fixed for another judge. Sison is believed to be the other judge, sources told The Jersey Journal.

Judges don't need another salary bump

Bob Ingle is the Trenton bureau chief for Gannett New Jersey newspapers.

10-1-07 -- Pity the Superior Court judges of New Jersey. They have to make do on just $149,000 annually. Two months after they got an $8,000-a-year raise, they're looking for another salary hike. State Supreme Court Chief Justice Stu Rabner thinks they should get it. . . . Good judges deserve to be paid well, and there are many good ones, but there are also some who shouldn't be in charge of animal court. All are paid the same, good and bad. . . . Enough already of what first-year lawyers make and how much the feds pay judges. These people knew what the job paid when they accepted it. If they're unhappy, let them jump into the shark tank with their ambulance-chasing brethren. . . . Speaking of the supremes, one of their former colleagues, Peter Verniero, is chairing a committee of 29 judges and attorneys that will consider educational requirements for the state's attorneys.

September 2007

Court In A 'Fix'

A.G. probes ticket scandal dogging 2 city judges

By Michaelangelo Conte, Journal Staff Writer

9-28-07 -- The inquiry into "Ticket-gate" widened yesterday as the state Attorney General's Office announced it has launched an investigation into issues leading to the resignation of Jersey City's chief municipal court judge who, according to sources, may fixed tickets for a woman she was romantically involved with. . . . It also came to light yesterday that another judge has taken an unpaid leave of absence related to fixing tickets, officials said. . . . Jersey City Chief Municipal Court Judge Wanda Molina resigned Sept. 20 in the wake of allegations she improperly disposed of parking tickets issued to her partner, according to sources familiar with the investigation. . . . Municipal Court Judge Erwin Rosen took an unpaid leave of absence effective Tuesday as a result of allegations he "improperly dismissed one of his own parking tickets," according to the same sources. . . . The Hudson County Prosecutor's Office had been investigating ticket fixing by Municipal Court employees, but Hudson County Trial Court Administrator Joseph Davis confirmed yesterday that the Attorney General's Office has become the lead agency looking into the matter.

Lawyer wants high court to reconsider abortion ruling

by Kate Coscarelli

9-26-07 -- A lawyer for a former Somerset County woman has asked the state Supreme Court to reconsider its recent unanimous opinion that doctors don't have to tell a woman seeking an abortion that the procedure would kill a human being. . . . In asking for the do-over, a lawyer for Rosa Acuna, a former Somerset County woman who sued her doctor for emotional distress after having an abortion, said the court should hold rearguments on the case. If the request for the rarely-granted reconsideration wasn't honored, the next step would be the U.S. Supreme Court, said the lawyer, Harold Cassidy. . . . "We feel the errors are so patent and palpable that we should ask the court to correct those errors," he said. "What issue is more important than protecting the constitutional rights of a pregnant mother?" . . . Cassidy has already asked the nation's highest court to review a separate issue in Acuna's legal battle: whether she should be able to sue for wrongful death of her fetus. He filed the motion for reconsideration late Monday, he said.

Judge Steps Down

Molina caught up in parking ticket probe

By Michaelangelo Conte, Journal Staff Writer

9-24-07 -- Jersey City Chief Municipal Court Judge Wanda Molina has resigned amid an investigation into possible irregularities related to parking tickets, officials said yesterday. . . . Hudson County Prosecutor Edward DeFazio said his office will look into the matter but added that he wants "to make it clear that there are no criminal charges." . . . He said the resignation, which took effect at noon on Thursday, "had to do with parking tickets, the disposition of parking tickets." . . . Molina sent copies of her resignation to state Superior Court Assignment Judge Maurice Gallipoli and Jersey City Mayor Jerramiah Healy. . . . The letter simply states: "By way of this letter I am submitting my resignation as judge of the Jersey City Municipal Court effective noontime today (9/20/07). I thank you for the opportunity to have served this court and the people of Jersey City."

Court: MDs need not say 'abortions kill'

Jersey decision on doctors' advice could have ripples throughout U.S.

By Kate Coscarelli, Star-Ledger Staff

9-14-07 -- In a unanimous opinion expected to have ramifications across the country, the New Jersey Supreme Court ruled yesterday that doctors have no duty to tell a woman seeking an abortion that the procedure would kill a human being. . . . It is well-established that a physician must give a woman information about the medical risks of terminating a pregnancy, the court said in a 5-0 decision. However, it ruled there is no requirement for a doctor to go further. . . . "We know of no common law duty requiring a physician to instruct the woman that the embryo is an 'existing human being,' and suggesting that an abortion is tantamount to murder," Justice Barry Albin wrote in a 28-page opinion. . . . The decision said there is no consensus among the state's medical community or citizenry that such a statement is based on medical facts rather than "firmly held moral, philosophical and religious beliefs." . . . The case involved a woman who sued for emotional distress, contending she agreed to her doctor's advice to abort her 6- to 8-week-old fetus based on false information. The court said it was sympathetic to the "deep pain" the woman suffered emotionally when she came to feel she had killed a child, but dismissed her lawsuit, overturning an appeals court decision that said it should go to a jury.

Rosa Acuna v. Sheldon C. Turkish, M.D., et als (A-15-06)

Case of Pet-Ridden House Nudges Law on Setting Aside Foreclosure Sales

Henry Gottlieb, New Jersey Law Journal  

9-14-07 -- In a rare defeat for caveat emptor in foreclosure sales, a judge let a winning bidder cancel the $2.6 million purchase of a house because 142 foul-smelling dogs and cats -- some living, many dead -- were found on the premises. . . . Bergen County Superior Court Judge Peter Doyne ruled that Michael Acciardi of Saddle River, N.J., was relieved of his obligation to buy the house next door because of conditions he discovered five days after he won the bid at an Aug. 10 sheriff's sale. . . . Letting successful bidders wriggle out of paying for foreclosed property is so uncommon that Doyne resorted to a 70-year-old precedent to support his Sept. 7 ruling in Wells Fargo Bank v. Philip Tamis, Ber-F-20770-04. . . . Sheriff's auctions can be set aside when there is fraud, accident, surprise or irregularity in the sale, under the hoary Karel v. Davis, 122 N.J. Equity 526 (E&A 1937). . . . Acciardi's lawyer, Gerald Salerno of Hackensack's Aronsohn Weiner & Salerno, argued the case fit the "surprise" element because Acciardi discovered from news accounts that the previous owner had used the house as an ad hoc, perhaps illegal animal shelter.

Judge Faces Discipline for Disparaging Remark on the Bench

Michael Booth, New Jersey Law Journal

9-12-07 -- Municipal Judge Frank Leanza admits he shouldn't have labeled a landlord's excuses for ignoring summonses "a lot of bullshit" but says he was just overly frustrated with the man he characterized as a "slumlord" who for years ignored fines and orders to fix his apartment buildings. . . . During a hearing on Thursday, Leanza, a judge in Guttenberg, N.J., for 17 years, told the Advisory Committee on Judicial Conduct that his remark from the bench was spurred by acute frustration over a man who had contemptuously ignored court orders to fix his properties or to pay fines. . . . Leanza told the ACJC that the landlord, Dr. Esmat Zaklama, an anesthesiologist, had dodged summonses and warrants until he was arrested on March 7, 2006, and brought before Leanza. At that point, he had racked up at least $200,000 in fines. . . . Leanza said Zaklama told him he had not answered the summonses or warrants because he had been away. That's when Leanza described the excuse as "bullshit." Leanza, whose private law practice takes him to various municipalities in Hudson County, told the ACJC he had run into Zaklama on numerous occasions in town halls. "I knew he hadn't been away," Leanza said in response to questioning by his lawyer, Alan Zegas of Chatham, N.J.

Will Americans Rise Up Against The Corrupt Justice System?

By Bill O'Reilly, Fox News

9-7-07 -- On August 4, three young college students were murdered in New Jersey by a gang of thugs, which included two criminal illegal immigrants. Now, the young woman was nearly killed, her face slashed in that attack. . . . Reports say Peruvian Jose Carranza, who was out on bail after being charged with child molestation and assault was the shooter. The judge who allowed Carranza out on the street is Thomas Vena who actually cut Carranza's bail in half, allowing the man to walk out of jail and into the murder zone. Well, the State of New Jersey investigated Vena and has released this report. . . . Quote, "Judge Vena's bail determination was made with knowledge of Carranza's criminal history and the nature of the charges. And an awareness that the prosecutor had previously consented to bail of $150,000 with knowledge that the victim's allegations, included a history of sexual abuse extending over time and occurring in two municipalities." . . . Nevertheless, the State of New Jersey has concluded that Judge Vena's bail cut for Carranza wasn't wrong. But, of course, it was wrong, and so is New Jersey. Number one, the state ordered the investigating officer in the case not to take Carranza's illegal status into account. That is insane. . . . Number two, Vena should have known Carranza was here illegally and was a chronic criminal. We're sure the judge did know that. Why would any judge, then, take the chance of putting a guy like that back on the street? Doesn't make any sense.

August 2007

Will NJ Justices Give Miranda A New Reading?

By Dana E. Sullivan

8-31-07 --The viability of Miranda warnings to protect defendants' rights may be facing perhaps its biggest test in New Jersey. . . . An upcoming case before the New Jersey Supreme Court could drastically affect the timing of Miranda warnings, either by tightening the rules police must follow or by giving them plenty of slack in dealing with suspects who volunteer incriminating information before they're read their rights. . . . Public defenders say the stakes are enormous. . . . If a suspect is read his right to counsel and his right against self-incrimination only after he's already made damning statements, "then of what use are these rights?" asks Assistant Deputy Public Defender Stephen W. Kirsch. . . . Nonsense, says Deputy Attorney General Deborah Cronin Bartolomey, contending as long as no trickery is involved, police can - and should be able to - question someone they thought was a witness to a crime and who talked on his own.

Judges in Newark more cautious with bails after triple slaying

8-27-07 -- (AP) _ Judges in Newark have been making it tougher for suspects in crimes to be released on bail since an illegal immigrant who was free on bail in another case was charged in the horrific slaying of three Newark college students. . . . Essex County Assignment Judge Patricia Costello has told the judges who hear criminal cases in her county to end the practice of approving bail reductions in off-the-record conferences with attorneys and to obtain written consent from prosecutors before reducing bail. She has also told them to verify defendants' immigration status. . . . "There is a chill in the air when it comes to bails," Michael Robbins, a criminal defense attorney, told The Star-Ledger of Newark for Monday's newspapers. . . . The execution-style killing of three young people hanging out in a schoolyard caused an outcry in Newark, a city accustomed to violence. . . . Three men and three teenagers have been charged in the Aug. 4 murders of Terrance Aeriel, 18; Dashon Harvey, 20, and Iofemi Hightower, 20. Aeriel's sister, 19-year-old Natasha, was shot in the back of the head but survived and has helped police identify suspects. . . . One of the men charged is 28-year-old Jose Carranza, an illegal immigrant from Peru. He was released from jail in May after being charged with repeatedly sexually assaulting a child. He made bail after it was reduced from $300,000 to $150,000. A bail bondsman posted the entire amount.

N.J. Judge Sued Over Handling of Scratched Maserati Incident

Charles Toutant, New Jersey Law Journal 

8-22-07 --When Judge George R. Korpita emerged from a Rockaway Borough, N.J., restaurant and saw scratches on his Maserati and Warren Hartzman leaning on it, he did not respond in a judicial manner, according to a U.S. District Court suit. . . . Hartzman ended up being criminally charged with scratching the car, and while the case was pending on Korpita's docket, the judge pressured Hartzman to pay for the damage, the complaint says. . . . The suit, filed Aug. 13 in Newark, N.J., includes a civil rights count under 42 U.S.C. 1983, a deceit count and a malicious abuse of legal process count against Korpita, who sits in Rockaway Borough. . . . Hartzman also sued Korpita and the police department for malicious prosecution. And he claims that Korpita, the borough and the police intentionally or negligently inflicted emotional distress, falsely arrested and imprisoned him, and wrongfully enforced the law. The suit alleges that the police took Hartzman into custody for several hours without charging him. . . . Hartzman is seeking declaratory and injunctive relief finding that Korpita is unfit to serve on the bench and enjoining him from doing so. In addition, Hartzman is seeking compensatory and punitive damages. The suit is Hartzman v. Korpita, 07-3848.

N.J. Court: Malpractice Deadline Is Tolled
by New Lawyer's Advice

Henry Gottlieb, New Jersey Law Journal 

8-17-07 --The six-year statute of limitations on legal malpractice can be a fuzzy concept in matrimonial cases, and a New Jersey appeals court showed why on Tuesday. . . . A three-judge panel ruled that a wife who agreed to an alimony settlement in 1994 could sue for malpractice almost 10 years later because she did not know she had a case against her lawyer until another attorney told her so. . . . Defendant Christine Farrington argued that the statute of limitations ran out in 2000 -- six years after the client began feeling disappointed about the settlement and six years after her accountant allegedly told her the settlement could have been better. . . . That was enough to start the six-year clock in 1995, a trial judge ruled last year in throwing out the malpractice case. . . . But the appeals court reinstated the claim in Viglione v. Farrington, A-3912-05, saying the cause of action did not accrue when the client had a premonition that something went wrong. It accrued when another lawyer told the client she might have a malpractice case.

3rd Circuit: Time to Cure Mortgage Default Ends at Auction

Mary Pat Gallagher, New Jersey Law Journal

8-10-07 -- New Jersey homeowners facing foreclosure will have to move faster to cure a mortgage default, under a federal appeals court decision. . . . The 3rd U.S. Circuit Court of Appeals held that the right to cure ends when the property is sold at auction, rejecting the owner's argument that it continues until the deed is delivered to the purchaser. . . . The ruling in the closely watched case, which drew amici on both sides, resolves a more than decade-old split among federal bankruptcy and district judges in New Jersey. . . . "Having finally been given the opportunity to break what is a virtual tie between the New Jersey federal courts," the court held in its Aug. 3 decision that 11 U.S.C. §1322(c)(1) does not afford the debtor a post-auction right to cure. . . . The relevant provision, §1322(c)(1), enacted as part of the Bankruptcy Reform Act of 1994, allows a Chapter 13 debtor to cure a home mortgage default "until such residence is sold at a foreclosure sale that is conducted in accordance with applicable nonbankruptcy law."

N.J. Appeals Court: Client's Illegitimate Purpose Isn't Necessarily the Lawyer's

Henry Gottlieb, New Jersey Law Journal 

8-6-07 -- A New Jersey state appeals court cleared a law firm of malicious civil prosecution on Wednesday in a decision that champions the right of lawyers to advocate zealously even when they know a claim is baseless. . . . Giordano, Halleran & Ciesla represented a beach club owner in a failed defamation suit against a neighbor. The neighbor, having won, countersued the club owner and the Middletown, N.J., firm, alleging the first suit had no purpose but to stifle her free speech rights maliciously. . . . The appeals court found, how