By David Cruz
NJ Today
Accusations of political pressure. Did Gov. Chris Christie strong-arm judges to support his nomination of Paula Dow to the Superior Court bench? Three high-ranking Democratic senators say “yes.”
It’s been a long, strange trip to the Superior Court bench for former Essex County prosecutor and state Attorney General Paula Dow. After relocating to Burlington County to avoid having her nomination blocked by senatorial courtesy, Dow’s appointment to the bench was finally approved by the state senate two weeks ago. But in a letter to Chief Justice Stuart Rabner, a trio of Democratic senators from Essex County — Nia Gill, Ron Rice and Dick Codey — charge that a fellow state senator, identified by sources as Republican Kevin O’Toole, called assignment judge Patricia Costello urging her to pressure two judges who were up for tenure to get Gill to drop her opposition to the Dow nomination. The letter, which NJ Today got a chance to see today, goes on to say:
“It is our understanding that Judge Costello called both judges, along with their presiding judges, into her chambers. Judge Costello then informed the judges that if they were unwilling or unable to convince Senator Gill to ‘sign off’ on the judicial nominees, the governor would end their judicial careers.”
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Sen. Codey says while he doesn’t think O’Toole was working under direct orders from the governor, he does blame Christie for setting the tone.
“Judges who are on the bench but don’t have tenure yet –- they’re scared,” he said. “There’s like a reign of terror out there. If I make a decision that the governor doesn’t agree with, I may not be re-nominated for tenure. And that’s wrong. I mean that’s very serious. Right now, the judiciary is under attack like it’s never been before.”
Sen. Gill, who sources say initiated the letter, didn’t return our calls today. The Senate Democrats’ office issued a statement on her behalf. “We are going to let the chief justice handle the matter,” it says.
Judge Costello referred us to Chief Justice Rabner’s office. A spokesperson there would only confirm receipt of the letter in which Rabner thanked the lawmakers for bringing the matter to his attention. Codey, whose political animus towards O’Toole (and vice versa) is well known, said O’Toole stepped way over the line.
“Obviously, it’s a very strong violation of his code of ethics as a lawyer, especially one who practices in Essex County,” added Codey. “He made this phone call to the assignment judge in Essex County regarding judges that he appears before and his law firm appears before.”
The two judges, Verna Leath and Siobhan Teare, were both reappointed and now have tenure. The question of Gill’s “signing off” was rendered moot when Christie appointed Dow to the Superior Court in Burlington County, to where Gill’s senatorial courtesy does not extend.
The use of the word “courtesy” is somewhat ironic here as the senators take direct aim at one of their colleagues, something that you rarely see, but definitely a sign of the times in the tumultuous world of Jersey state politics.