Newark, New Jersey - Justice apologizes, admits actions had appearance of impropriety
By: Jeffery Gold. 06/02/07. Associated Press
State Supreme Court Justice Roberto A. Rivera-Soto apologized yesterday for helping his teenage son in a dispute with a teammate, admitting that some of his actions created an "appearance of impropriety."
In a letter to a panel considering disciplinary action against him, Rivera-Soto said "that at no time did I intend to use my office to influence anyone" and was not interested in revenge for his son, who was involved in an incident with another teen on their high school football team.
"In hindsight, I realize that some of these actions have had the effect of creating the appearance of impropriety. Although I took those actions with innocent intent, I underestimated the capacity that my position has to influence others," wrote Rivera-Soto, the first Hispanic on the state's highest court.
He added that he should have "refrained" from such actions, which led to an ethics complaint against him _ only the second against a sitting justice since 1990.
"For my actions, and the effect they may have had, I am profoundly sorry," Rivera-Soto wrote to the Advisory Committee on Judicial Conduct, which issued the complaint May 11.
A message seeking comment yesteray from Rivera-Soto's lawyer, Bruce P. McMoran, was not immediately returned.
The ethics complaint charged that Rivera-Soto violated a court rule barring conduct "that brings the judicial office into disrepute," and three aspects of the Canons of the Code of Judicial Conduct, including one that "requires judges to avoid lending the prestige of their office to advance the private interests of others."
The alleged misconduct stemmed from a series of incidents last fall between Rivera-Soto's son, a sophomore, and a senior who was the captain of the Haddonfield Memorial High School team. The justice's son said the other teen harassed and struck him, according to the panel's complaint.
Rivera-Soto last month admitted that he spoke with school officials, the police chief, and court officials, but said he asked for no special treatment.
The justice signed a complaint of simple assault on behalf of his son against the other boy on Sept. 28. The matter was settled after a hearing before a state judge on Dec. 15, with agreement that the complaint would be dismissed if the teens had no further exchanges until June 19, according to the judicial panel.
In a formal response May 18 to the ethics complaint, Rivera-Soto denied misusing his position and urged the judicial conduct panel to recommend that his colleagues on the court dismiss the matter. Rivera-Soto "insisted at all times that (the) matter be treated in the ordinary course," according to that legal brief.
Yesterday Rivera-Soto waived a hearing before the committee to "prevent any further harm to the court's reputation."
In a joint filing with Rivera-Soto on Friday, the lawyer for the judicial conduct panel also agreed to have the committee make its recommendation to the Supreme Court without a hearing, which would have been public.
If the six other justices on the state's highest court substantiate the ethics complaint, they could remove Rivera-Soto from the bench or impose a lesser penalty, including a public reprimand, censure or suspension.
Rivera-Soto, 53, a Republican, was named to the court in 2004 by then-Gov. James E. McGreevey, a Democrat. The cross-party appointment came about because New Jersey governors have adhered to an informal understanding over the past six decades that no party would have more than four members on the court.
Rivera-Soto's term expires in 2011, after which he can be considered for tenure until mandatory retirement at age 70.
The Trentonian 2007
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