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Lawmaker cites justice's refusal to participate in decisions
State Sen. Richard J. Codey (D-Essex) has sent a letter to state Supreme Court Justice Roberto Rivera-Soto calling for him to resign his seat on the court immediately.
Rivera-Soto last month declared he would refuse to take part in any further court rulings because he believes the temporary appointment of an appeals court judge to fill a vacancy on the high court in unconstitutional. Additionally, this week Rivera-Soto informed Gov. Chris Christie that he does not wish to be reappointed to a second and tenured term and intends to return to law practice on Sept. 1.
Codey said Rivera-Soto's unwillingness to work or to seek renomination is more than sufficient proof that he should no longer reside on the court.
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 reappointed 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.
On Monday, Christie said he will not nominate a successor for Rivera-Soto until Patterson is given a confirmation hearing by the Senate Judiciary Committee.
— TOM HESTER SR., NEWJERSEYNEWSROOM.COM
