The Burlington County Times by Danielle Camilli - November 14, 2010
TRENTON, NJ - A former Mount Laurel municipal court judge, who still sits on the Delanco and Palmyra benches, is facing an ethics complaint that alleges he was partial to the state in a drunken driving case he presided over in 2008. The New Jersey Supreme Court Advisory Committee on Judicial Conduct filed a complaint against Judge Gregory R. McCloskey of Moorestown earlier this month. McCloskey has served in a handful of county towns as an appointed municipal judge over the years. He resigned his position in Mount Laurel at the beginning of this year, according to the complaint. McCloskey did not return a phone call placed last week for comment. The complaint alleged that McCloskey violated the Code of Judicial Conduct when at the end of the second day of a trial, he had a conversation with the municipal prosecutor outside the presence of defense counsel, known as ex parte communication. He engaged in conversation about the case and directed the prosecutor to ask certain questions of a witness concerning issues related to the state's case and critical of the defense, according to the complaint. The defendant and his attorney had left the courtroom when the conversation occurred. They did not learn about the discussion until after McCloskey found the man guilty of driving under the influence and refusing to take a breath test. The conversation, which was captured on the record, was revealed in transcripts the defense ordered in preparation for an appeal. The state Superior Court in Burlington County, hearing the appeal, remanded the case back to McCloskey, allowing the defendant to file a motion for a new trial. The judge denied the new trial, but did acknowledge on the record his part in the "impermissible ex parte" communication, according to the complaint. McCloskey further acknowledged that the conversation "revealed his thought process on salient issues in the case, including issues pertinent to the defense." On appeal, the defendant was granted a new trial before a different municipal judge and prosecutor after the Superior Court found that the ex parte communication denied him his constitutional right to a fair trial. The court also found that the judge's direction to the prosecutor demonstrated "partiality to the state ... and an interest in the outcome of the proceeding. That conduct cannot be permitted," the complaint reads, quoting from the Superior Court ruling. The court referred the matter to the Advisory Committee, which filed the formal complaint. McCloskey, an attorney since 1977, can respond to the complaint and a formal hearing could be held. If the committee finds the complaint is proved by clear and convincing evidence, it could recommend a public reprimand, censure, suspension or removal from the bench. Also, it could recommend that the complaint be dismissed and that no action be taken. Danielle Camilli can be reached at 609-267-7586 or dcamilli@phillyBurbs.com.
Seems like New Jersey takes their judicial ethics a tad more seriously than New York. Like a big tad more.
ReplyDeleteI don't understand that these lawyers-turned-judges simply think they are above other people. It's gross.
Take the corrupt New Hampshire Judges while you're at it!
ReplyDeleteEx parte communications and fixing a case is OK in NY Courts. It's been approved in the several Appellate Divisions and even the Federal Second Circuit Court of Appeals approves of such judicial conduct in the entire Second Circuit. Maybe, Mr. Tembeckjian of the NY Commission on Judicial Conduct can help this judge with a "Friend of the Court" brief showing such conduct is routinely acceptable in NY Courts and by his Commission.
ReplyDeleteSadly, this judge isn't in the Second Circuit and Governor Christie may label Tembeckjian, a varmint, to be shot on sight.
How many people believe that the Federal Bureau of Investigation is a totally useless, pointless, retarded Agency?
ReplyDeleteThat they only go after big money financial cases, or ones that can put them in the Newspaper Headlines?
That they aren't completely owned by the richest and wealthiest families/people in each and every state they have a Field Office in, and are a completely Political Entity for selective prosecution/persecution of unpopular religious, racial, or ethnic minorities in their Communities?
That they don't give a damn about justice, or protecting the people or small businesses of the United States, but rather, enable criminals by doing nothing about federal crime until it's too late?
DISBAND THE FBI!
I and many of my friends have been victims of this "judge"! He is a very nasty man who has been known to insult defendants, imposes astronomical fines, & find innocent people guilty. He presided in two townships I lived in in NJ one of which was Mount Laurel. Every week that courtroom would have between 150-250 cases to be heard. Everyone was found guilty n if they weren't they still were fined a $36 court cost. I believe the judge & the entire police force along w the prosecutor & the public defender were all in cahoots and went out of their way to fill the courtroom everyweek so they would continue to reap the benefits of our "injustices". Yall remember that song The Lights Went Out In Georgia? Let me say conclude with this fact, I was being harrassed by the Mount Laurel Police Force so much so that I moved to the deep south a few years ago to get away from Judge McCloskey & the goonsquad he had under him.
ReplyDeleteIn In 2011 , I was the defendant in a neighbor dispute in Maple Shade , moved to Delanco.
ReplyDelete" Had gotten a new lawyer the day of court because the one ( Appel ) that was paid via phone , never returned calls ,so I fired him.
Came trial or plea time , McCloskey
Would not allow time to prepare or a continuous.
I quote " I Don't need Any Of Your SHANNAGANS ".
He violated MY Right to DUE PROCESS.
He belongs in Prison !!
But I guess like most things in BC it's all about who's connected.