Hispanic Bar Association of New Jersey

For Immediate Release: May 4, 2010

The Hispanic Bar Association of New Jersey (HBA-NJ) is deeply troubled and disappointed by Governor Chris Christie’s decision not to reappoint New Jersey Supreme Court Justice John E. Wallace, Jr. whose term expires on May 20, 2010, and in particular, by the expressed reasons for the decision.

First, Justice Wallace, who was nominated to the New Jersey Supreme Court by Governor James E. McGreevey, and was sworn in as a Justice on May 20, 2003, is the only African-American serving on New Jersey’s highest Court. Justice Wallace has an impeccable record of service during his twenty-six years, serving on all levels of the New Jersey Judiciary.

He has served with distinction on the New Jersey Supreme Court for the past seven years, in the Appellate Division for eleven years and in the Trial Division of the Superior Court for eight years. Justice Wallace, a graduate of Harvard law school, was in private practice with several firms before going onto the bench. He also served admirably in the U.S. Army from 1968 until 1970 rising to the rank of Captain.

In addition to ignoring Justice Wallace’s stellar record, the Governor’s decision ignores the importance of maintaining a diverse Judiciary — a Judiciary that reflects the diversity in our State. The Governor’s decision is troublesome because it undermines the great strides achieved and the significant efforts of many members of the legal profession and others, to date, to diversify the New Jersey Judiciary. In that vein, we urge the Governor to ensure that our highest Court and all courts in New Jersey continue to reflect the State’s citizenry.

Second, while yesterday’s news is reportedly not intended as a commentary on Justice Wallace’s record as a jurist, the Governor’s statements strongly suggest that the Governor has no intention to be bound by settled precedent that has guided and served so well in the appointment of judges in the State of New Jersey. The Governor’s decision marks the first time in recent history that a Governor has denied tenure to a sitting justice. The decision also makes no sense since Justice Wallace would be required to retire on May 13, 2012, when he reaches the mandatory retirement age of 70.

Third, the Governor’s statement appears to signal an erosion of the principle of judicial independence; a principle that has long been a hallmark of this State’s Judiciary and is fundamental to the rule of law. Further, the New Jersey Judiciary has a well-earned reputation for its independence. In fact, our New Jersey Court’s adherence to the principle of judicial independence has rightfully made our Judiciary a model for the rest of the country. The Governor’s decision will likely cause judges to decide cases in a manner that will increase the likelihood that they will receive tenure at the risk of ensuring that justice, not politics, prevails.

Fourth, the Governor’s remarks send a wrong message to our citizens, namely that politics should be a paramount factor in the judicial selection and reappointment process. The Governor’s comment at his press conference yesterday that over the “course of the last three decades [the Court] has gotten out of control,” is unjustified. According to the Governor, the Court has “inappropriately invaded the executive and legislative constitutional functions. . . . And I’ve talked all during the campaign about changing the Court. The only way to change the Court is to change its members.” It is obvious that the Governor is attempting to select judges that are politically in line with his own views.

Finally, in light of the Governor’s declaration that he intends to “reshape” our courts, it is doubly important that the New Jersey State Senate scrutinize every nominee and veto any candidate that is not committed to ensuring that the principles of judicial independence remain a bedrock of our system. The HBA-NJ urges the Governor and the Senate to commit to an independent Judiciary, to preserve and promote diversity in the courts, and to ensure that the judicial appointment process steers clear of or minimizes the significant reliance on politics in the judicial selection and appointment process.

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.