TRENTON — The state Senate on Thursday fired the latest salvo in the political schism over the state Supreme Court, adopting a resolution saying Justice Roberto Rivera-Soto should resign if the Assembly doesn’t begin impeachment proceedings against him. The resolution (SR105), approved, 21-3, was originally written after Rivera-Soto said he would abstain on all cases because he believed it...
The State Senate might ask Supreme Court Justice Roverto Rivera-Soto to resign.TRENTON — The state Senate on Thursday fired the latest salvo in the political schism over the state Supreme Court, adopting a resolution saying Justice Roberto Rivera-Soto should resign if the Assembly doesn’t begin impeachment proceedings against him.
The resolution (SR105), approved, 21-3, was originally written after Rivera-Soto said he would abstain on all cases because he believed it was unconstitutional to have a temporary judge fill the vacant spot on the court that resulted when Gov. Chris Christie declined to re-nominate former Justice John Wallace Jr.
Later, Rivera-Soto tempered his position, announcing he would rule on cases in which the temporary justice, chief appellate judge Edwin Stern, does not affect the outcome. Rivera-Soto has since said he will not seek re-nomination when his term is up in September.
"If the Legislature does nothing in response to the actions of Rivera-Soto, we will be abdicating our authority as an independent, coequal branch of government that is vested by the New Jersey Constitution with the power of impeachment," said Sen. Nia Gill (D-Essex), sponsor of the resolution.
The fight over the state Supreme Court began in May, when Christie declined to re-nominate Wallace, angering Senate President Stephen Sweeney (D-Gloucester). Sweeney has refused to consider attorney Anne Patterson, Christie’s nominee to replace Wallace. Sweeney, who is a Wallace supporter, has said Christie’s decision could damage the court’s independence by introducing political pressures.
Republicans declined to vote on the resolution. Sen. Christopher "Kip" Bateman of Somerset County said it would be unfair to sign onto the resolution since the Senate would preside over the impeachment if the Assembly decided to start the process.
"For the Senate to consider this resolution would be tantamount to a judge declaring a defendant guilty upon arrest before any charges have been brought against him," Bateman said.
Three Democratic senators — Brian Stack and Sandra Cunningham of Hudson County and Teresa Ruiz of Essex County — voted against the resolution.
Justices can be impeached for misdemeanors committed while in office. The resolution says Rivera-Soto’s conduct "may constitute grounds for impeachment for misdemeanors committed during his continuance in office."
But it does not appear likely the Assembly will start the impeachment process.
"The Assembly remains hopeful the justice will resign, but has no plan for impeachment proceedings," said Assembly Democratic spokesman Tom Hester Jr.
Previous coverage:
• N.J. Senate asks Supreme Court Justice Roberto Rivera-Soto to resign
• N.J. Senate to decide if it will ask Justice Roberto Rivera-Soto to resign
• Poll: Should the Supreme Court discipline Justice Rivera-Soto?
• Codey calls on N.J. Supreme Court to discipline Justice Rivera-Soto
• N.J. Supreme Court Justice Rivera-Soto tempers stance on abstention
• Rivera-Soto calls off plan to abstain from N.J. Supreme Court cases involving temporary justice
• N.J. Supreme Court Justice Roberto Rivera-Soto tells Gov. Christie he doesn't want to be renominated
• 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