At the recent State Bar Convention in Atlantic City, Justice Barry Albin spoke eloquently and passionately about the vital importance of judicial independence. Although he mentioned neither Gov. Chris Christie nor former Justice John Wallace Jr. by name, his remarks obviously were intended to remind us all that Christie’s reckless decision to politicize the reappointment process continues to pose a singular threat to the strength and integrity of our cherished judiciary.
Albin spoke plainly about the insidious consequences of a governor denying reappointment not because a judge or justice is unfit for office, but because he disapproves of an opinion or series of opinions authored by that judge or justice. Albin asked, rhetorically, "Would retaliation against one judge breed timidity among other members of the Judiciary or at least create a public perception that a judge’s impartiality might be affected by outside influences the desire of a judge not to sacrifice a career over a highly charged case?" And he made the self-evident point that judges should neither be courting the governor’s favor nor looking in the rearview mirror. We could not agree more.
