9-24-08
A-61-07
Judges must avoid actual conflicts as well as the appearance of
impropriety to promote confidence in the integrity and
impartiality of the Judiciary. Unfortunately, the negotiations
between trial judge and lawyer in this case created an
appearance of impropriety. Stated simply, the conduct here fell
short of the high standards demanded of judges and fellow
members of the legal profession and had the capacity to erode
the public’s trust. Because any lesser remedy would allow
reasonable doubts to linger about the fairness of the outcome of
the case, the judgment of the Appellate Division is reversed and the matter is remanded for a new trial.
