7 Nominees Pass Senate Judiciary Committee Despite Public Objections

Four nominees to the Passaic County Superior Court, as well as three others, were unanimously approved by the New Jersey Senate Judiciary Committee Thursday, even though some candidates faced testimony from members of the public opposing their nominations.

Ronda Casson Cotroneo, a family practitioner in Wayne, and Edward W. Hoffman, a presiding judge of the Burlington County Family Division who is up for renomination, faced objections from members of the public. The objections came from individuals based on their experiences in family court during divorce and child custody proceedings, respectively.

Cotroneo’s nomination was opposed by two people who testified about their experiences during their divorce proceedings as she served as attorney for their former spouses. Their testimony called Cotroneo’s history “marred with allegations of corruption and unethical behavior,” and accused her of “weaponizing the legal system.”

Sen. Brian P. Stack stopped the testimony of each individual to ask whether each had filed an ethics complaint. Both men responded that they had not.

“I have been practicing family law for 31 years and no ethics complaints have been filed,” Cotroneo said. “It is unfortunate, and I think it is understandable, that family law practice is very emotional and very personal.”

Two other litigants also appeared before the committee to voice opposition to Hoffman’s renomination, citing the reason as parents who have experienced “parental alienation.” The testimony contained many personal details of their cases.

Sen. Douglas J. Steinhardt, R-Hunterdon, Somerset and Warren, said that he has been practicing family law for 30 years. He acknowledged that the kinds of cases discussed can be the most difficult for all parties involved, including for the litigants, the attorneys or the judge. 

However, Steinhardt asked Hoffman to address the question of “parental alienation,” as it relates to his courtroom philosophy and how it relates to the law.

Hoffman responded by saying that none of his decisions—in either of the litigants’ cases—have been successfully appealed.

“I never made a decision that there was, or was not, parental alienation,” Hoffman said. “There was plenty of other reasons to decide the merits of the cases.”

Despite the opposition, both Cotroneo and Hoffman, along with the rest of the Superior Court nominees, passed the committee unanimously.

In total, there were four nominees to the Superior Court bench in Passaic County; one nominee to the Mercer County bench; as well as the renomination of two currently seated judges.

“Personally, I cannot tell you how very happy I am that we are finally here,” said Sen. Nellie Pou, D-Bergen and Passaic. “It has been a very long two years, or more, that we have been trying to get this through the process.”

Joy-Michele Johnson, who currently serves as the executive director of the New Jersey Ethics Commission, was nominated to replace Judge Susan L. Reisner, following her retirement from the Passaic County bench. Johnson attended St. Michael’s College and Seton Hall University School of Law.

“I have aspired to be a judge since interning for Judge [Michael] Giles in 2000 in Newark, and since clerking for Judge [Michael J.] Farren in 2002 in Freehold,” Johnson said. “To me, being a lawyer is to be of service to others and the highest form of service in the legal profession is to serve as a judge.”

William E. Marsala, who is of counsel with Gallo Vitucci Klar, was nominated to succeed Judge Donna Gallucio on the Passaic County Superior Court bench. Marsala spent 20 years as a civil litigator representing insureds and self-insureds in complex matters on local, national and international bases, before joining his firm. He has also represented clients in matters involving products liability, premises liability, liquor liability, workers’ compensation, catastrophic transportation, construction site accident and Federal Employers Liability Act issues in federal and state courts, according to his firm bio.

Marsala attended St. John’s University College of Business Administration and School of Law.

“Bill is a longtime friend,” Sen. Kristin M. Corrado, R-Bergen, Essex and Passaic, said. “For those that go through this process, many of you know it is not for the faint of heart. There are a lot of ups and downs and it can take an incredibly long amount of time. You have stayed incredibly calm through it all.”

Elissa Mizzone Testa of Wayne, who currently serves as an administrative law judge, was nominated to succeed Judge Thomas F. Brogan, also on the Passaic County Superior Court bench.

“You are somebody who has shown, not only your ability to do the job, but to do it well,” Pou said. “You have been remarkably regarded and respected in your current field, not only as an attorney, but … as a judge.”

Robert W. Rubinstein of Lawrenceville, a former municipal prosecutor, was nominated to the Mercer County Superior Court. Rubinstein comes to the bench from private practice with The Rubinstein Law Firm in Hamilton, where he helped individuals and businesses that have been injured or harmed by the careless and negligent actions of others, according to his firm bio.

Rubinstein holds degrees from Tulane University and the University of Miami School of Law.

If confirmed by the full Senate, Cotroneo will succeed Judge Ernest M. Caposela following his retirement. Cotroneo is a former county commissioner, the former president of the Passaic County Bar Association, and a graduate of both Seton Hall University and Wake Forrest University School of Law.

Where Court Vacancies Stand

The Superior Court bench currently stands at 50 total vacancies. Last week, seven nominees were confirmed to the Bergen County Superior Court bench. If those nominees, along with the nominations that passed Thursday are ultimately confirmed in a full Senate floor vote, the vacancies would drop to 38, a low since the vacancy crisis began a few years ago.

The total number of vacancies reached its apex in May 2022, when out of 433 trial court positions, there were 75 vacancies. Last year at the New Jersey State Bar Association annual meeting, Chief Justice Stuart Rabner said that the number of vacancies needed to be reduced to a more manageable level of no more than 25 to 30.

Since the recent Bergen County nominees have not yet been officially confirmed, the county still currently has eight vacant seats on its bench. But that number may soon drop to just two.

Vicinage 11, which covers Passaic County, is still under a civil and matrimonial trial moratorium with a total of nine vacant seats on the bench. If Thursday’s round of nominees is fully confirmed, that number will stand at five. It is unclear whether that will be enough to reopen the last vicinage that remains shuttered due to a high vacancy rate.

Union and Mercer counties both stand at six vacancies. If Rubinstein is confirmed, Mercer will soon have five vacant seats. Middlesex has four, while Camden and Somerset each have three open seats. Essex, Hudson, and Ocean each have two vacancies, while Atlantic, Cumberland, Gloucester, Monmouth and Morris each have one.

Burlington, Cape May, Hunterdon, Salem, Sussex and Warren have no vacant seats.