Do/Should NJ Judges Have Absolute Immunity?

First things first: Do New Jersey Judges have absolute immunity in the performance of their judicial duties? 

Regarding civil lawsuits, the answer appears to be yes.  Judicial immunity protects judges from liability for monetary damages in civil court for acts they perform pursuant to their judicial functions. 

In fact, the doctrine of judicial immunity applies even to allegations of malice or corruption (Stump v. Sparkman, 435 U.S. 349, 356-57 (1978) (citation omitted)).  This seems to imply that malice and corruption are interpreted as judicial functions.  If you ever had more than one experience in the New Jersey court system, you know this to be true.

But do judges have immunity from criminal prosecution?  The answer may just depend on who you ask.

Hunterdon County Superior Court Judge Stephen B. Rubin would like you to believe that New Jersey judges have absolute immunity for conduct they engage in from the bench, even criminal conduct.  Judge Rubin expressed this opinion in his finding of no probable cause in three citizen complaints I filed against Bedminster Municipal Court Judge Frank W. Gasiorowski under N.J.S. 2C:52-30 (Violation of Expungement Order), N.J.S. 2C:30-2b (Official Misconduct), and N.J.S. 2C:29-1 (Obstruction).  For the story behind these complaints, see my Case Study, complaint #2.

The New Jersey Attorney General's Office doesn't seem to share Judge Rubin's opinion.  On June 4, 2010, former Jersey City Municipal Court Chief Judge Wanda Molina entered a guilty plea for fixing parking tickets.  The OAG press release indicates that Judge Molina pled guilty to conduct described as judicial action.  It appears that engaging in criminal activity is not interpreted as a judicial function by the New Jersey Attorney General.

Regarding Judge Rubin’s ruling of absolute judicial immunity, the judicial immunity doctrine does not apply to Judge Gasiorowski’s actions because violating my Expungement Order, obstructing the filing of a Complaint with the Bedminster Municipal Court, and preventing me from ordering a transcript by ejecting my attorney and me from the building are non-judicial acts.  Said non-judicial acts violate the judicial oath of office and the Code of Judicial Conduct.  Therefore, they are not the actions that a judge is permitted to engage in, and so no judicial immunity can attach.

By the way, I have since discovered that a conflict of interest existed that was not disclosed by Judge Rubin: Judge Rubin and Judge Gasiorowski were colleagues for 4½ years while Judge Gasiorowski was a Superior Court Judge in the same Vicinage 13 as Judge Rubin.  Perhaps this is the reason for Judge Rubin's questionable opinion regarding judicial immunity in the Judge Gasiorowski complaints.

Should New Jersey Judges have absolute immunity in the performance of their judicial duties?

I say no, especially when there are allegations of malice, corruption, or criminal code violations, because judicial immunity eliminates the concept of accountability in the judiciary.  In short, judicial immunity sets the stage for judicial terrorists to run rampant.

What can you do when you are victimized by the unethical or unlawful conduct of a judge?  In my experience, there is a lot you can do, but it will amount to very little.  County prosecutors don't care; the New Jersey Attorney General's Office doesn't care; the Advisory Committee on Judicial Conduct (ACJC) will blow you off if you file a complaint about a judge; assignment judges don't care; municipal division managers don't care; the New Jersey Commission of Investigation doesn't care; even the administrative director of New Jersey Courts doesn't care.

The whole system is geared toward cover-up, conspiracy, and corruption.  The fix has to stop now.

Note: For more information, read Lawless America's Brief on Judicial Immunity.