Prisoner Acts Bad in Court – Judge Gets Punished !

[09/20/09 – 7:42 pm] By order filed September 14th, the New Jersey Supreme Court has issued a public reprimand against a municipal court judge.. The disciplinary order concluded that Judge Emery Toth, JMC violated both the rules of Court and the New Jersey Code of Judicial Conduct in his handling of a prisoner case during a teleconference. As a result of a rude provocation from the prisoner, the judge engaged in a brief colloquy with him using terms that the Advisory Committee on Judicial Conduct found to be intemperate. The judge also found the prisoner guilty of contempt in the face of the court and sentenced him to six-months in jail without utilizing the procedures required by Rule 1:10-1.

Prior to the imposition of final discipline by the Supreme Court, Judge Toth had stipulated to the facts of the case and had apologized. The order of discipline brings the matter to a conclusion.

Download a copy of the ACJC presentment in this case.

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