Rivera-Soto has been sitting out votes recently to protest a temporary justice being added \
State Supreme Court Justice Roberto Rivera-Soto sent a letter to Gov. Chris Christie today saying he doesn't wish to return to the court.TRENTON — New Jersey Supreme Court Justice Roberto Rivera-Soto, whose tenure on the state's highest court has been marked by controversy, will not seek renomination when his term ends in September.
Rivera-Soto sent a letter to Gov. Chris Christie today outlining his decision to leave the bench. His term ends in September.
"Although the rewards of public service and, in particular, service on the court are many, it is time for me to return to my first and true professional love: the practice of law," he wrote. "I always will be grateful for the unique opportunity of service this appointment has provided, and I extend my warmest and best wishes to whoever my successor may be."
Christie, in a letter back to Rivera-Soto, praised his service as a justice.
"Your tenure on the court has been marked by a conscientious commitment to the rule of law, and enduring respect for the core principles of fairness decency and impartiality that support our legal system," the governor wrote. "As the first Hispanic American to serve on our state's highest court, you have used your historic appointment to provide an intelligent and balanced voice in each decision."
Rivera-Soto, a Republican appointed by Gov. James McGreevey, is considered one of the court's most conservative justices. He became a key player in the dispute over Christie's push to remake the Supreme Court, which the governor says has overstepped its bounds with activist rulings.
In May, Christie announced his decision not to renominate Justice John Wallace Jr. Senate President Stephen Sweeney (D-Gloucester), who supported Wallace's renomination, has refused to hold hearings for Christie's nominee, Anne Patterson, creating a stalemate.
Chief Justice Stuart Rabner temporarily assigned an appellate judge, Edwin H. Stern, to the high court in September. Last month, Rivera-Soto announced he was abstaining from voting in all cases, saying the presence of a temporary jurist in Wallace's spot is unconstitutional. Because the court only needs five members for a quorum, calling up Stern on an interim basis was unnecessary and improper, Rivera-Soto wrote in two opinions.
Democrats called for Rivera-Soto's resignation and impeachment, saying he was failing to fulfill his duties as a Supreme Court justice.
Sen. Raymond Lesniak (D-Union), one of Rivera-Soto's harshest critics in the Legislature, called the justice's decision to leave the bench a "good first step" but said impeachment is "still in play" because Rivera-Soto "refuses to do the job that he's being paid for."
"We can't ignore the fact that we have a justice of the New Jersey Supreme Court who believes he is above the law," Lesniak said.
Rivera-Soto's departure from the court is unlikely to end the standoff between Christie and Sweeney. Christie, in a statement today, said he would not nominate a successor for Rivera-Soto until Patterson receives a confirmation hearing.
"It is completely irresponsible that while it took just 88 days for Elana Kagan to become the 112th justice of the U.S. Supreme Court, Anne Patterson is still without a hearing for no good reason and that the Senate has failed to give her the same consideration and deference Republicans and Democrats gave Justice Kagan," Christie said.
Some Democrats said Rivera-Soto's decision to abstain was an attempt to curry favor with Christie. During his campaign for governor, Christie expressed concerns about Rivera-Soto's temperament and indicated he may not renominate any of the current justices.
Rivera-Soto was censured by the court in 2007 for intervening in a dispute between his son and a high school football teammate. The court said his conduct "created a risk that the prestige and power of his judicial office might influence and advance a private matter." It was the second time a justice has been censured in the three-decade history of the Advisory Committee on Judicial Conduct.
Rivera-Soto was also criticized in March 2009 for publicly naming a Hunterdon County investigator whose identity was sealed by court order.
His decision not to seek renomination recalled a similar choice by former Justice Peter Verniero, who left the court in 2004. Verniero, under fire for his handling of the State Police's racial profiling controversy when he was attorney general, was facing an uphill battle for renomination when he decided to leave the court when his term ended.
Justices serve seven-year terms, after which they can be renominated to receive tenure and serve until the mandatory retirement age of 70.
Because Rivera-Soto is the only Hispanic justice, his departure will leave the Supreme Court without any racial diversity. Wallace, who Christie removed from the court, was the only African-American justice, and the governor's chosen replacement is white.
Previous coverage:
• N.J. Senate Democrats urge Supreme Court Justice Rivera-Soto to resign for abstaining on cases
• Editorial: Time for Justice Rivera-Soto to resign
• N.J. Senate president calls for resignation of Supreme Court Justice Rivera-Soto
• N.J. Supreme Court justices disagree over role of temporary judge on court