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Conservative judge tells Christie he does not want to be renominated

State Supreme Court Justice Roberto Rivera-Soto Monday notified Gov. Chris Christie that he will not seek renomination when his term ends in September.

Rivera-Soto is the first Hispanic-American on the high court and his seven-year term has been peppered with controversy. His letter to Christie details his decision to leave the state's highest court.

"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," Rivera-Soto 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."

In a response Christie wrote to Rivera-Soto, the governor praised him for his service.

"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," Christie said. "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."

Winnie Comfort, a spokeswoman for Chief Justice Stuart Rabner, said only, "The chief justice has nothing to add to either the governor's or justice's statements."

Responding to the Rivera-Soto and Christie statement, Sweeney said, "How can the governor praise someone who's refusing to do his job yet will still receive his state paycheck?

"What justice has the governor actually been watching over the past seven years?," Sweeney said. "Certainly not the one who was censured for misusing his office or who just last month decided to simply stop working. The governor failed to reappoint a model justice, yet offered high praise to a man who will go down in history as the most ethically challenged. Unbelievable."

Rivera-Soto, a Republican appointed by Democratic Gov. James McGreevey, is one the court's most conservative justice. He played a key role in the controversy over Christie's effort to make the Supreme Court more conservative. Christie believes the court is too liberal and hands down what he considers activist rulings.

The controversy began in May when Christie announced he would not renominate Justice John Wallace Jr., a Democrat. Senate President Stephen M. Sweeney (D-Gloucester), who wanted to see Wallace's renomination and serve until his mandatory retirement in March 2012, has refused to hold hearings for Christie's nominee, Anne Patterson, a Republican and a Morristown attorney. Sweeney said he will have the Senate consider Patterson until next year.

With the Wallace vacancy going unfilled, Chief Justice Stuart Rabner temporarily appointed Appellate Court judge, Edwin H. Stern, to the high court in September.

The controversy erupted again last month when Rivera-Soto announced he was abstaining from voting in all cases, charging that Stern's appointment is unconstitutional. Because the court only needs five members for a quorum, appointing Stern was unnecessary and improper, Rivera-Soto declared in two opinions.

Responding to Rivera-Soto announcement, legislative Democrats called for Rivera-Soto's resignation and impeachment, charing he is failing to fulfill his duties on the high court.

Sen. Raymond Lesniak (D-Union), called Rivera-Soto's announcement a "good first step" but added that 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 told The Star-Ledger of Newark.

In a statement Monday, Christie said he will not nominate a successor for Rivera-Soto until Patterson is given a confirmation hearing by the Senate Judiciary Committee.

Christie said, "245 days ago I nominated Anne Patterson to the State Supreme Court because of her high level of legal intellect, character and compassion. Today, 245 days later, she has yet to receive a fair hearing as required by New Jersey's Constitution while a seat on our highest court continues to remain vacant. I will not provide a nominee to fill Justice Rivera-Soto's seat until Anne Patterson receives the hearing that she deserves and that the Senate is constitutionally obligated to provide.

"In fact, over the past 20 years, the average confirmation time for a State Supreme Court Justice nominee submitted by both Democratic and Republican governors is just 25 days," Christie said.

"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 added.

If both Christie and Sweeney maintain their positions, the seven-member Supreme Court could function end up functioning with five members for six months beginning Sept. 1 when Rivera-Soto will leave the bench.

Justices serve seven-year terms, after which they can be renominated to receive tenure and serve until the mandatory retirement age of 70.

As the only Hispanic-American justice, Rivera-Soto's departure will leave the high court without any racial diversity. Wallace, who Christie removed from the court, was the only African-American justice, and Patterson is white.

Rivera-Soto was censured by the court's Advisory Committee on Judicial Conduct in 2007 for becoming involved in a dispute between his son and a high school football teammate. The committee held his conduct "created a risk that the prestige and power of his judicial office might influence and advance a private matter."

Rivera-Soto was criticized again in March 2009 for publicly naming a Hunterdon County investigator whose identity was sealed by court order.

The Star-Ledger notes that Rivera-Soto's decision not to seek renomination recalls a decision by former Justice Peter Verniero, who left the court in 2004. Verniero, who was criticized 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.

Here is Rivera-Soto's letter to the governor:

Dear Governor Christie:

Kindly accept this letter as my request that I not be considered for reappointment as a Justice of the Supreme Court of New Jersey.

When my service on the Court is added to my earlier service as an Assistant United States Attorney, I have dedicated nearly a third of my career to public service, with all that such service entails. Although the rewards of public service and, in particular, service on the Court are many, it is time for me to retum to my first and true professional love: the practice of law.

I always will be grateful for the unique opportunity of service this appointment has provided, and I extend my m e s t and best wishes to whoever my successor maybe.

Wish you and yours a happy, healthy and prosperous New Year, I remain,

Yours most sincerely,

— TOM HESTER SR., NEWJERSEYNEWSROOM.COM