NJ Dems call for protesting judge to step down

New Jersey Supreme Court Justice Roberto Rivera-Soto issued a statement Wednesday saying he will participate in opinions as long as a temporary justice does not have the ability to affect the outcome of the panel's decision.

That marks a shift for Rivera-Soto, who had previously said he would not to participate in any votes as long as Appellate Judge Edwin Stern served on the high court.

Rivera-Soto's original statement drew criticism from both Republicans and Democrats, including calls for impeachment.

"Among the varied reactions ... a particularly sober, thoughtful, measured and ultimately persuasive analysis stands out, a voice that has triggered additional reflection on the course I earlier charted," Rivera-Soto wrote Wednesday. "Although it does not modify my earlier conclusion concerning the unconstitutionality of the court's present composition, that analysis has resulted in a more nuanced view."

Rivera-Soto, who announced Jan. 3 he would not seek reappointment next year, did not elaborate on whose voice he considered persuasive, but does quote opinions written by other justices.

Wednesday's move did not soften the criticism of his earlier decision.

"If there was any lingering question that Rivera-Soto is unfit to serve and must leave the Court immediately, it's now been answered. When a justice's decision is based on hearing voices, it's time to go," responded Senate President Stephen Sweeney (D., Gloucester).

"I don't know which is worse, Rivera-Soto's original decision not to rule or today's about-face. Neither is rooted in any solid ground of law, logic or common sense," Sweeney said in a statement. "Rivera-Soto's spinning so fast to reclaim whatever shred of relevance or credibility he still has it's amazing he hasn't been flung out of the Supreme Court and clear across the Delaware River."

This is the latest volley since the state's highest court became embroiled in controversy after Gov. Christie followed through on his campaign promise to change a bench he said is too liberal.

In May, Christie refused to reappoint Supreme Court Justice John Wallace Jr., which gave him the power to nominate his own choice, Morris County corporate lawyer Anne Patterson.

The move increased animosity with Democrats who maintain Christie violated the court's traditionally protected independence from political influence. For eight months, Democrats have delayed a hearing for Patterson, who must be approved by the Legislature.

Democrats, who control the Legislature, said they will not hold a hearing for Patterson until March 2012, when Wallace would have left the bench as he turned 70, the mandatory age to retire.

Chief Justice Stuart Rabner appointed Stern to temporarily fill the Wallace vacancy, which also raised controversy, including rebuke from Rivera-Soto, who considered that decision unconstitutional. Rabner only has the power to appoint a temporary judge if a quorum is needed, Rivera-Soto insisted when he announced he would not participate in any decisions involving Stern.

In his latest move, Rivera-Soto writes that his decision to participate or abstain "minimizes the jurisprudential uproar a blanket abstention might create but that also maintains the intellectual and constitutional integrity that undergirds my earlier abstaining opinion."

Sen. Richard J. Codey (D., Essex) also responded to Rivera-Soto's opinion, calling the justice's tenure "bizarre" and "shameful," and concluding he should resign immediately.

"His decision to now take part in only certain court decisions based on an unspecified 'voice' is the latest humiliation Justice Rivera-Soto has bestowed upon himself. While I certainly appreciate Judge Rivera-Soto deciding he would like to actually start working again, all he has done now is go from a no-shower to a part-timer," Codey said.

Rivera-Soto, 57, of Haddonfield, is the first Hispanic to serve on New Jersey's Supreme Court. Until his announcement to step down and return to practicing law, Rivera-Soto's reappointment was to be considered in September when his initial seven-year appointment expires.

In 2007, the Supreme Court censured him after an ethics panel found he had improperly used his title to try to influence a judge in a dispute involving his son.

He is known as the most conservative justice and formerly served as an assistant U.S. attorney and a lawyer for the casino industry.

When Rivera-Soto departs, the Supreme Court will be left with two vacancies that, given the current standoff, may both be filled with temporary appointments until the political battle is resolved. Christie has said he will not nominate someone to replace Rivera-Soto until hearings are held for Patterson.