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On June 16, 2005
Victims-of-Law published an article entitled: “The
Politics of Judicial Horse-Trading in New Jersey” after
learning there was a possibility that Marianne Espinosa-Murphy might
once again be nominated to the bench. Emails with links to the article
were sent to Acting Governor Codey and the Senators on the N.J.
Judiciary Committee as well as Senators in her new district.
In an
astoundingly quick move without notice to the public, the acting
Governor allegedly nominated her and somehow set her up to be
interviewed by the Judiciary Committee on Monday, June 27, 2005 in
violation of the ‘5 business days’ rule for public notification. This
turn of events added to the smell of a ‘fix’ far beyond what the
original article surmised. And we say “allegedly nominated” because
the people have no evidence Codey ever nominated her. According to the
website that lists Codey’s announcements, it’s mysteriously missing..[1]
Acting
Gov. Richard J. Codey – a true “American Caesar.”
Columnist
George Will refers to an “American Caesar” such as the New Jersey
governor because she/he is the only statewide elected official. He has
the power to appoint his attorney general, the treasurer, the county
prosecutors and almost all the judges.[2]
Codey was not
elected exasperating an already suspect situation. He became acting
governor when James McGreevey resigned under a highly publicized
controversial cloud. The New Jersey Constitution provided that the
Senate president would step into the governor’s shoes. The
kicker – he would also retain his job as Senate president.
Until a new governor is elected, this bizarre situation puts Codey in
control of both the executive branch and the democratic section of the
legislature. New Jersey law allows officials to hold two elected
positions at the same time creating more and more corruption due to
the ongoing conflicts of interest. A Republican filed lawsuit to stop
this travesty was given short shrift.
NJ.com
with approximately 11 newspapers has a special report entitled: “Corruption”
noting: “Like Turnpike traffic and the stink from the Linden oil
fields, political corruption is one of those ugly aspects of life in
New Jersey.”
The ‘Public’ be damned
"To
grow up in
New Jersey is to
grow up an existentialist, to realize the world is indifferent, if not
downright hostile. You have to be on the lookout for other people's
bull____, because you're constantly being told that where you're
coming from is useless. After a while, you realize that a lot of
political and social distinctions are not about reality and truth, but
about people trying to put you in your place so they can better
regulate your behavior."
-- Nick Gillespie, editor of Reason magazine.
The Monday,
June 27, 2205, Judiciary Committee’s interview of Marianne
Espinosa-Murphy was recorded and can be accessed at the Legislature’s
site.[3]
The nominee advised that she wanted to be known as Marianne Espinosa
because she’s very proud of her Hispanic heritage. It’s convenient
since she also trades on her heritage in order to realize her dream of
climbing back onto the bench as a Hispanic.
The few people
who were able to learn about this obviously fixed hearing did their
best to be heard. Senator Cardinale, a Republican, was the lone
speaker against Espinosa’s nomination. He seems to realize that the
New Jersey Judiciary is out-of-control based on bills he’s introduced
or co-sponsored.
Click for link to proposed Constitutional Amendments.
Senator
Cardinale asked Ms. Espinosa questions from portions of the “Politics
of Judicial Horse-Trading in New Jersey.”
When questioned about
“Grievances against Murphy [the Attorney]
Involving Case Fixing”
the Senator was astonished at her alleged recall. This section was
related to Dorothy Mataras,
who was listening to the live hearing on Monday. Astoundingly, Ms.
Espinosa made false statements to the Senators. After Sen. Cardinale
spoke, Espinosa managed to have people speak in her favor including
one former judge who noted that when she was a judge, she did have
some problems with her temper but he felt that was eventually
overcome. With the exception of Senator Cardinale, the Judiciary
Committee voted for her nomination and sent it to the full Senate for
a hearing on Thursday,
June 30,
2005.
Mataras
hurriedly responded to the Espinosa falsehoods with her
Open Letter to Marianne Espinosa related to her involvement
with case fixing. Exhibits of court documents were provided to
establish Espinosa’s perjury. Ironically, many of the complaints of
case fixing are violations of the court rules and NJ Statutes with the
blessings of sitting judges. Statements of appellate court judges
allowed Espinosa’s violations while holding another of Mataras’
adversary defense attorneys to the laws and rules; much to his
displeasure.
On Thursday
afternoon, June 30, 2005, Senator Cardinale read from Ms. Mataras’
open letter and two other responses he received: (a)
Letter from the Law Office of David Perry Davis & (b)
Jeff Golden's Letter. Watching the live video recording[4]
gave one the impression that the other senators were totally bored and
indifferent to the fact that Espinosa perjured herself on Monday. For
instance, Mataras asked for copies of court documents Espinosa claimed
she had but there was and has been no response to date. Mataras can
only conclude that perjury is so common in the judiciary and the
senate that it is considered ‘normal’ in a state known for flaunting
its well-known corruption.
Mataras
believes in exercising her First Amendment right to alert the public
on how certain members of state government do not believe in enforcing
their own rules and laws except when it suits their purposes. Other
than Senator Cardinale, the Senators did not object to the lack of
public notice.
David P. Davis,
Attorney at Law, complained: “ZERO working days [notice] before the
hearing. This was obviously done with the specific and sole purpose of
stifling discussion and dissent. Is this a democracy? All we asked was
the opportunity to be heard; reasonable notice as to when the
appointment hearing was scheduled. This back door, star chamber sell
out of the people of
New Jersey
is too outrageous for words.”
Jeff Golden
asked: “Why was it necessary to schedule this special meeting of
the Judiciary Committee to consider Ms. Espinosa's appointment, and
why was the public given only 36 hours notice over a weekend of the
committee's agenda?”
The senators
ignored all questions raised in Senator Cardinale’s readings. This is
one sure way to “put the public in” their place to “better regulate”
their behavior.
Republican Sen.
Robert J. Martin's comments
In support of
Espinosa Sen. Martin included a statement that seemed to indicate
that working for a 'prominent law firm' equips one for a judgeship.
It's well known that the bigger the firm, the more 'pull' they have in
the judicial branch. Members of a large firm are rarely held to
account for unethical behavior. The public has already had witnessed
the Enron, WorldCom, & Global Crossing scandals. Large law firms are
more involved with big corporations and generally give the average
Jane or Joe little or no consideration. The large law firms that
represented the corrupt businesses may yet have to account for the
part they played in ruining hundreds of thousands people's
livelihoods.
The Carella Bain
Byrne et al law firm didn't hesitate to
forge
Mataras' name on a settlement check. Why were they allowed to get
away with it? One guess: because of its 'prominence' or the
'prestigious' partners or both.
Espinosa’s
judgeship was a Foregone Conclusion
The full senate
hearing on Espinosa’s nomination started after 2:00 P.M. on
June 30, 2005. The Judiciary’s Website issued a press release on
June 30,
2005 as follows:
For Immediate
release:
June 30, 2005
For further information contact: Winnie Comfort / Tammy Kendig /
609-292-9580
New Jersey Judiciary Releases General Assignment Order for
Court Year 2005-2006
(click for full release)
Chief Justice
Deborah T. Poritz today released the General Assignment Order for
court year 2005-2006. The Order lists all assignments for all of the
state's judges in the Appellate Division, Tax Court, and the Civil,
Criminal, Family and General Equity Divisions of Superior Court.
******The
General Assignment Order (pdf)
may be accessed here.
On Page 14 of
the Assignment Order is Vicinage No. 12, Union: The assignments
for the Criminal Division are: Scott J. Moynihan, PJ / Joseph P.
Donohue / Marianne Espinosa /
James C. Heimlich / Joseph P. Perfilio / John S. Triarsi / William L'E.
Wertheimer.
Due process, Rule of Law, and
Open Government in New Jersey:
“Due process”
in New Jersey allows you the right to complain but refuses you the
right to legitimate open hearings based on written rules, laws and
evidence.
The “Rule of
Law” is whatever a certain judge decides it should be at a particular
point in time for a particular reason or particular person.
“Open
government” means you are allowed to purchase copies of some
documents, not allowed to purchase or receive copies of court
documents implicating you that people in authority claim exist. You
may purchase an audio tape of the senate hearings or listen via the
Internet.
[4]
For the
full senate hearing go to:
Senate then click to view Thursday,
June
30, 2005
RECENT NEWS ARTICLES
Not
one of them mention Espinosa's perjury
to the Senate Judiciary Committee.
Senate panel recommends returning ex-judge to bench
By Michael
Symons, Gannett
State
Bureau
Senate, 12 years later, votes to confirm Espinosa to bench
Marianne
Espinosa, who was forced off the bench in Morris County 12 years
ago, will return as a Superior Court judge in Union County
following her confirmation by the Senate yesterday, 34-2. . . .
Booted in 1993, ex-judge is back
Senate panel OKs Espinosa's return
By Tom Hester, Star-Ledger Staff
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