NJ Supreme Court Justice Now Admits Ethics Violation

June 1, 2007. New Jersey Supreme Court Justice Roberto Rivera-Soto conceded that he violated judicial ethics rules by creating an appearance of impropriety in contacting school, police and court authorities in a dispute involving his son, but denied any deliberate misconduct. In a letter to the Advisory Committee on Judicial Conduct, he stated that in order to "prevent any further harm to the Court's reputation" he would waive a formal hearing and stipulate that the charges against him be decided on the basis of the investigatory record and his statement in lieu of formal testimony.

"I deeply regret that my actions in defense of my son have raised questions about my integrity, and have created the potential to undermine the public's trust and confidence in the Court," Rivera-Soto remarked, adding he was "profoundly sorry" for his actions and their effect.

But Rivera-Soto did not recede his position asserted in his May 18 answer that he sought no preferential treatment when he pressured Haddonfield Township school officials to act, called the town police chief's cell phone, reached out to a prosecutor and two judges and handed his business card to a court employee. Rivera-Soto explained that he was trying to have the matter handled "in the ordinary course" and that in hindsight, "I underestimated the capacity that my position has to influence others."

Rivera-Soto's actions occurred last fall in response to alleged bullying of Rivera-Soto’s 15-year-old son Christian by C.L., an older teammate on the Haddonfield Township High School football team. A juvenile delinquent complaint filed by Rivera-Soto against C.L. in Camden County Family Part was resolved on Dec. 15 when the parties agreed to let the matter rest if there were no further incidents between the youths by June 19, 2007, the end of the school year. In his answer to the complaint, Rivera-Soto said he used his own stationery, not the Court's, when he wrote to Camden County Presiding Family Judge Charles Rand about the case against C.L. and implied that the limitations imposed by his position on the Court left his son unable to defend himself against C.L.'s "assaults." He also says, in his letter, that he was not seeking revenge, only "that my son be left alone."

The complaint in In the Matter of Roberto Rivera-Soto, ACJC 2007-097, filed May 11, accuses Rivera-Soto of violating Judicial Canons 1, 2A and 2B and a rule, 2:15-8(a)(6), that bars conduct bringing the judicial office into disrepute. Rivera-Soto, appointed to the Court by Gov. James McGreevey in 2004, will be reviewed for tenure in 2011.

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