State v. McCabe, 201 N.J. 34

Summary

The Supreme Court of New Jersey held that a part-time municipal court judge must recuse himself when the judge and an attorney for a party are adversaries in another open and unresolved matter. Applying the reasonable, fully informed person standard, the Court concluded that the pending probate litigation created an appearance of partiality even without evidence of actual bias or prejudice. The Court reversed and remanded the municipal case for proceedings before a different judge.

Holdings

1. The appeal was not moot because the after-the-fact dismissal of the probate case could not cure an appearance-of-impropriety problem that existed when the recusal motion was decided, and the issue was also of significant public importance.
2. A recusal motion is reviewed for abuse of discretion, while the legal standard applied by the lower court is reviewed de novo.
3. A part-time municipal court judge must recuse whenever the judge and a lawyer for a party are adversaries in another open and unresolved matter.
4. A matter is considered open through the 45-day period for filing an appeal and while an appeal is pending; if the matter is later reopened for good cause, recusal may be considered at that time.

Questions Presented

1. Whether the appeal was moot after the unrelated probate case was dismissed.
2. What standard of review applies to a motion to recuse a municipal court judge.
3. Whether a part-time municipal court judge must recuse himself when he and a lawyer representing a party are adversaries in another open, unresolved matter.
4. Whether the appearance of impropriety requires recusal without proof of actual prejudice or animosity.

Disposition

reversed_and_remanded