HBA-NJ’s Press Release Regarding Associate Justice Roberto Rivera-Soto
The Hispanic Bar Association of New Jersey Strongly Denounces The Recent Calls For The Impeachment Of New Jersey Supreme Court Associate Justice Roberto Rivera-Soto.
For Immediate Release: February 4, 2011
The Hispanic Bar Association of New Jersey (HBA-NJ) has reviewed the statements articulated by New Jersey Supreme Court Associate Justice Roberto Rivera-Soto in Henry v. New Jersey Dep’t of Human Servs., A-69-09, ___ N.J. ___ (2010) and in Hopewell Valley Citizens’ Group, Inc. v. Berwind Prop. Group Dev. Co., A-83-09, ___ N.J. ___ (2011), expressing his intention to abstain from voting on cases where temporarily-assigned Judge Edward Stern’s vote would affect the outcome of a case. Although the HBA-NJ supports the independence of the judiciary and each Justice’s discretion in determining how to vote, it nonetheless disagrees with Justice Rivera-Soto’s determination to abstain from voting in certain cases because it deprives the Court, litigants, and the citizens of the State of New Jersey of his considered views. Diversity on the Court is essential to ensuring that all perspectives and view points are fully represented and considered during the deliberative process. Justice Rivera-Soto’s full participation in all judicial proceedings before the Court is necessary to promote such diversity of opinions. Therefore, the HBA-NJ strongly urges Justice Rivera-Soto to fully participate in all matters presented to the Court for review. Justice Rivera-Soto’s full participation will also uphold the integrity of the State’s highest court and dispel any doubts that may be held by the litigants or the bar concerning the legitimacy of the Supreme Court’s decisions that may be affected by this controversy.
While disagreeing with the position taken by Justice Rivera-Soto, the organization strongly disagrees that the Justice’s decisions would justify impeachment proceedings. The HBA-NJ regards impeachment under N.J. Const. art. VII, § 3 as a power to be exercised by the Legislature to address cases involving misdemeanor offenses committed by public officials. Notwithstanding Justice Rivera Soto’s recent decisions, he has throughout his tenure demonstrated a commitment to the independence of the judiciary. Critically, Justice Rivera-Soto is still participating in the decisional process of many of the cases that are pending before the Court and in multiple other roles as a jurist. Thus, the current controversy does not provide a sufficient basis for the Legislature to take the extreme measure of impeachment. Accordingly, the HBA-NJ denounces the calls that have been made for Justice Rivera-Soto’s impeachment, especially in light of the fact that Justice Rivera-Soto has already communicated to Governor Chris Christie that he will not seek re-nomination to the Court after the expiration of his term in September 2011.
Instead, the HBA-NJ looks forward to working with Governor Christie to help him identify qualified candidates who can serve on our state’s highest court, particularly now that the Hispanic population is the largest minority group in New Jersey, according to the newly released 2010 U.S. Census Bureau data. More than ever, it is of paramount importance that the New Jersey Supreme Court be composed of the highest caliber of professionals while at the same time reflect the demographic makeup of our great State. Achieving that dual goal will help foster public trust in the State’s core principles of providing equal access to justice and a fair and impartial New Jersey Judiciary.
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About The Hispanic Bar Association of New Jersey
Founded in 1980, the Hispanic Bar Association of New Jersey is a 501 (c)(6) nonprofit statewide Association that represents attorneys, judges, law professors and law students who share a common interest in addressing the issues affecting Hispanics within the legal community.
The purpose of the Association is to serve the public interest: (i) by cultivating the art and science of jurisprudence, (ii) by advancing the standing of the legal profession, and (iii) by preserving high standards of integrity, honor, and professional courtesy among Hispanic lawyers.
The Hispanic Bar Association of New Jersey cooperates with other bar organizations, legal organizations, and Hispanic community, business, civic, charitable and cultural organizations in furtherance of the aforementioned purposes.
For press inquiries, please contact: Geida D. Sanlate, Esq., HBA-NJ Press Secretary, at gsanlate@littler.com or 973.848.4744.
For more information about the Hispanic Bar Association of New Jersey, please visit our website at: www.njhba.org or contact Suzette T. Rodriguez, Esq., HBA-NJ President, at suzette.rodriguez@gmail.com or 973.630.0714.
