Judge Disciplined for Contempt Sentence After Getting the Raspberry
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Reprints & PermissionsThe New Jersey Supreme Court on Monday announced a reprimand for a judge who imposed a 180-day jail penalty for contempt without a hearing when a defendant gave him the finger, a raspberry and backtalk.
The court affirmed the Advisory Committee on Judicial Conduct's finding that South River Municipal Court Judge Emery Toth, besides breaking the rules for contempt findings, made undignified and sarcastic comments to a motor vehicle defendant during a video-link arraignment.
Toth, who also sits in Keyport, Perth Amboy and Woodbridge, accepted responsibility and promised not to repeat such conduct, according to a stipulation and a presentment made public on Monday.
Toth was taking cab driver Esmanuel Buldoni's not guilty plea to three motor vehicle violations on a video conference from a prison on March 4, 2008, when Buldoni tried to start a discussion about the charges. Then things got out of hand, according to the transcript of the court's audio tape.
Toth said he figured Buldoni was in prison because he had been arrested for failing to appear in court. Buldoni, also known as Luis Martinez, denied that he was in jail for that reason.
Toth said: "All right. Well if you'd stop getting arrested, then you wouldn't have any of these problems, right?"
Buldoni replied: "Excuse me your honor."
Toth: Look. Well -- stop here. I don't want to have a debate with you. I don't want to have an Oprah Winfrey conversation with you. All right? You're pleading not guilty to three non-moving violations. That's your right. And I'll give you a trial date next week. See you around. Good-bye."
Toth said in his stipulation that if he had testified he would have said Buldoni made a raspberry sound, made a spitting gesture and then, before leaving, gestured with his middle finger touching his mouth, which Toth interpreted as Buldoni's signal to "kiss off."
Toth, who also thought Buldoni muttered a profanity, had the video conference restarted. "I'm a street guy," the judge said. "I didn't mind when you gave me the old fist up in the air. That's okay."
"But when you give me the raspberries walking out and you give me some kind of disrespect like that, I'm just telling you that's contempt in the face of the court. You're going to jail. You're going to stay there for another 30 days."
That prompted this conversation, according to the transcript.
BULDONI: Appreciate it.
TOTH: No, Okay I'm giving you 40 days, 45 days. I told you don't give me any attitude. You want to give me the (indiscernible) and you want to give me the lip. You want to disrespect ...
BULDONI: (Indiscernible)
TOTH: Sixty days. Get out of here. Sixty days. Give him 60 days.
BULDONI: No, give me 70.
TOTH: Seventy-five.
Toth eventually gave Buldoni 180 days.
The ACJC found that Toth's comments were intemperate, inappropriate and objectionable, saying, "his sentencing of Mr. Buldoni more closely resembled an auction than a judicial proceeding that is supposed to be marked by dignity and decorum."
Buldoni's behavior was immaterial, the ACJC found. Under various canons of judicial conduct that Toth violated, "Judges are obligated, without, exception, to treat all those who appear before them with dignity, patience and courtesy," the ACJC found.
Under Court Rule 1:10-1, which he violated, judges can issue contempt orders only after the subject is given an opportunity to respond. The rule also says an order must recite the facts in a certification from the judge. And contempt sentences also must be stayed for five days, according to the rule.
Toth, a Perth Amboy solo, declines to comment.
Buldoni complained about the judge's comments in a letter to the court that prompted the ACJC inquiry. But he did not appeal the contempt sentence. Judiciary spokeswoman Tamara Kendig says the ACJC does not know why Buldoni was in jail in the first place.
