TRENTON — The roiling controversy over the New Jersey Supreme Court, which has engulfed all three branches of government, found a new outlet today: the floor of the state Senate. Sen. Nia Gill (D-Essex) proposed a resolution today urging Justice Roberto Rivera-Soto, who is refusing to rule on cases, to resign if the Assembly does not seek to impeach...
New Jersey Supreme Court Justice Roberto Rivera-Soto in this February 2010 photo.TRENTON — The roiling controversy over the New Jersey Supreme Court, which has engulfed all three branches of government, found a new outlet today: the floor of the state Senate.
Sen. Nia Gill (D-Essex) proposed a resolution today urging Justice Roberto Rivera-Soto, who is refusing to rule on cases, to resign if the Assembly does not seek to impeach him.
"By the Legislature not acting to remove Associate Justice Rivera-Soto, we are abdicating our constitutional responsibility," she said.
It’s the latest move in a chain reaction that began in May, when Gov. Chris Christie announced he would not reappoint Justice John Wallace Jr. and nominated Morristown lawyer Anne Patterson. Senate President Stephen Sweeney (D-Gloucester) has refused to consider her nomination.
To fill Wallace’s seat, Chief Justice Stuart Rabner appointed a temporary justice. But Rivera-Soto says that appointment was unnecessary, making the court’s makeup unconstitutional and leading him to abstain for voting on cases.
Rivera-Soto’s decision has inflamed the months-long controversy. Gill took to the Senate floor today to denounce Rivera-Soto, saying he turned his position "into a no-show job." She said he is manipulating the judicial system and undermining the integrity of the state’s highest court.
Also pushing for Rivera-Soto’s impeachment are Sens. Raymond Lesniak and Nicholas Scuatri (both D-Union).
Justices can be impeached for misdemeanors committed while in office. Impeachment proceedings begin in the Assembly, which by majority vote can send the case to the Senate for hearings. Assembly Speaker Sheila Oliver (D-Essex) said there are no impeachment plans but they "will continue monitoring the situation."
Sen. Jennifer Beck (R-Monmouth) called impeachment "ridiculous," saying "he hasn’t committed a crime."
Rivera-Soto is up for renomination in September, which would require approval from Christie and the Senate.
The last time a serious effort was made to impeach a Supreme Court justice was in 2001, when lawmakers targeted Peter Verniero on charges he lied about racial profiling in the State Police. The effort died in the Assembly, but Verniero, who denied the charges, decided not to seek renomination and left the court.
Christie today said it was ironic that Democrats, who have refused to hold confirmation hearings for Patterson, are criticizing Rivera-Soto for not performing his duties.
"This said by the same people who for eight months have been preventing the public from having a full court," Christie said. "Am I the only who notices the irony in that statement?"
He would not say whether he agreed with Rivera-Soto’s decision to abstain. "(Rivera-Soto) is obviously expressing his opinion and his view of what’s constitutional and what isn’t," Christie said. "I’m not going to get into telling you whether I agree with him or disagree with him, that’s not my job."
Sweeney criticized Christie for not taking a stance on Rivera-Soto. "If you’re not opposing it, you must be supporting it."
Republican lawmakers said the controversy over Rivera-Soto’s decision would be solved if Democrats stopped blocking hearings on Patterson. "The current situation on the court could be resolved easily," Sen. Diane Allen (R-Burlington) said.
By Chris Megerian and Matt Friedman/Statehouse Bureau staff
Ginger Gibson contributed to this report.