New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 31 - ORGANIZATION OF THE OFFICE OF ADMINISTRATIVE LAW › Subchapter 3 - DISCIPLINE OF ADMINISTRATIVE LAW JUDGES › Section 1:31-3.7 - Recommendations of the Committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				completion of the preliminary investigation, the Committee may take any of the
				following actions which may be accepted, rejected, or modified by the Director:
1. The Committee may recommend that the
				Director dismiss the charges and notify the parties of the action taken. If the
				matter has been made public, the Director may, at the request of the judge
				involved, issue a short statement of clarification and correction.
2. If the investigation reveals some
				departures by the judge from common standards of judicial propriety, such as
				discourtesy, rudeness, disparagement of witnesses or attorneys, and the like,
				or other conduct or demeanor which would reflect unfavorably upon the
				administration of justice if persisted in or were to become habitual or more
				substantial in character, the Committee may request the judge to appear at a
				time and place designated for an informal discussion of the matter. After
				making the judge aware of the objectionable conduct, and becoming satisfied
				that it was temporary in nature and not likely to become habitual, the
				Committee may recommend to the Director that the complaint be dismissed and the
				parties advised of the action taken, and the reasons therefor. Any such
				conference shall be recorded by a sound recording device and a transcribed
				record of the tape filed with the papers in the proceeding.
3. If the Committee believes that the judge
				may be suffering from a mental or physical disability which is disabling the
				judge and may continue to disable the judge indefinitely or permanently from
				the performance of his or her duties, it shall recommend to the Director an
				appropriate response that balances any medical need of the judge and protects
				the public interest.
4. Whenever
				the Committee concludes from the preliminary investigation that the
				circumstances merit an oral or written reprimand, the Committee shall promptly
				file a copy of the recommendation, and the record of the Committee certified as
				such by its secretary, with the Director. If the Director agrees with the
				recommendation, the Director shall proceed in accordance with
				1:31-3.3. If the Director disagrees
				with the recommendation, the Director may issue a formal complaint and order in
				accordance with
				1:31-3.8.
5. Whenever the Committee concludes from the
				preliminary investigation that the circumstances, if established at an
				evidentiary hearing, merit disciplinary action greater than an oral or written
				reprimand, and that formal proceedings to that end should be instituted, the
				Committee shall promptly file a copy of the recommendation and the record of
				the Committee certified as such by its secretary with the Director. The
				Committee shall issue also without delay and serve upon the judge a notice
				advising him or her that it has filed such a recommendation with the Director.