newjerseynewsroom.com

Senators again call for him to resign

BY TOM HESTER SR.

NEWJERSEYNEWSROOM.COM

New Jersey Supreme Court Justice Roberto Rivera-Soto, who declared he would abstain from all decisions because he believes the current make up of the high court is unconstitutional, is now taking a new tact.

In a court decision Wednesday, Rivera-Soto revealed he will now vote on some decisions. In the 6-1 opinion, he cast a vote dissenting from the majority opinion involving a property dispute.

"Among the varied reactions to (my decision to abstain), 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. "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 also wrote that he will vote on decisions where temporary justice Edwin Stern's vote does not affect the outcome. Rivera-Soto declared that in cases where Stern would cast a crucial vote, he will "defer a decision on casting a vote and reserve the right to abstain." He did not comment further on the "voice" that led him to get re-involved in some decisions.

Rivera-Soto initially announced he would not take part in decisions after Chief Justice Stuart Rabner temporarily appointed Appellate Division judge Stern to fill the seat vacated by Justice John Wallace Jr. last year after Gov. Chris Christie decided not to reappoint him. Rivera-Soto maintains Stern's appointment is unconstitutional.

Rivera-Soto's latest action led Senate President Stephen M. Sweeney (D-Gloucester) to again call for the justice's resignation.

"If there was any lingering question that Rivera-Soto is unfit to serve and must leave the court immediately, it's now been answered," Sweeney said. "When a justice's decision is based on hearing voices, it's time to go.

"I don't know which is worse, Rivera-Soto's original decision not to rule or today's about-face" Sweeney said. "Neither is rooted in any solid ground of law, logic or common sense. 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."

Sen. Richard J. Codey (D-Essex) called for Rivera-Soto to resign.

"I must admit I underestimated Justice Rivera-Soto," Codey said. "I thought he could not make his tenure on the court any more bizarre or shameful. Today he proved me wrong.

"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," Codey said. "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.

"Moreover, his ‘voice' inspired idea to vote only in cases where Justice Stern's vote does not affect the outcome is completely reckless," Codey added. "Essentially, Justice Rivera-Soto is saying when the difficult cases come up, he will take a knee, but when everyone agrees, he will happily jump in and actually do his job. To run away from your responsibility as a public servant so blatantly is abhorrent. "Enough is enough already. Let's hope the next ‘voice' Justice Rivera-Soto hears tells him to resign immediately.

Christie nominated Morristown lawyer and Republican Anne Patterson to replace Wallace but, in response, Sweeney announced that the Senate Judiciary Committee would not consider her nomination until March 2012, when Wallace would have retired.

Rivera-Soto, a Republican, then informed Christie he does not want to be re-nominated to the high court and will leave on Sept. 1. In turn, Christie announced he will not fill Rivera-Soto's seat until the Senate acts on Patterson.