The New Jersey Supreme Court at a hearing on Tuesday appeared sympathetic to a municipal court judge who faces ethics sanctions because his law partner made political contributions without his knowledge or consent. Philip Boggia’s partner donated $2,200, using the firm’s business account, after his January 2004 appointment as Moonachie, N.J.’s part-time judge, despite Boggia having told the partner and firm employees at that time that such contributions would no longer be allowed.
The Advisory Committee on Judicial Conduct has nonetheless recommended an admonition, not on a theory of vicarious liability or on the law of partnership but rather on the “undeniable appearance” that Boggia shared responsibility for the contributions, which is all that is needed to violate the Code of Judicial Conduct’s prohibition of political contributions by judges, Canon 7A(4).
