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A New Jersey judge improperly presided at a criminal trial in which his wife was an alternate juror, but in view of the Code of Judicial Conduct’s lack of clear guidance, he should not be disciplined, says a state Supreme Court committee.

The Advisory Committee on Judicial Conduct, in an opinion released June 1, found that New Jersey Superior Court Judge Andrew Smithson acted in good faith but contrary to the spirit of Canon 2 of the code, which says judges should avoid impropriety and the appearance of impropriety.

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