State Sen. Dick Codey (D-Roseland) called for the resignation of state Supreme Court Justice Roberto Rivera-Soto today, following the justice’s announcements to not partake in any decisions and to not seek re-appointment.
“By remaining on the court, you only seek to cause further chaos and impede the judicial system during a critical juncture,” Codey said in his letter to Rivera-Soto today. “Your continued presence in what you have made the state’s most luxurious and high-profile no-show job simply does nothing to serve the best interests of the public.”
Rivera-Soto is sitting out as a protest because he believes the court is unconstitutionally-composed since Chief Justice Stu Rabner brought up a replacement for Justice John Wallace, who was sent packing by Christie last year.
The state Senate is protesting that move by not considering the governor’s replacement, Anne Patterson.
Codey asked Rivera-Soto to give up his protest so that the Democrats can give up their protest and hold a hearing on Patterson for Rivera-Soto’s seat. But Christie is protesting that.
“What we now need to get to is a hearing on Anne Patterson (for Justice Wallace’s seat),” Christie said at a press conference today. “Until we do that we can’t get to the Rivera-Soto seat…My mother always taught me, first things first.”
He said it has been 247 days since his nomination of Patterson – who has been roundly complimented by both parties and independent reviewers on her own merits – and the average length of consideration is 25 days. So by Christie’s math, once the Senate hears Patterson, they should be able to consider his nominee for Rivera-Soto’s seat before the summer break with time to spare.
“Hold a hearing and question Anne Patterson as extensively as you want,” Christie said.
Christie would not weigh in on whether Rivera-Soto should just step down now, as Codey asked, considering the justice’s $185,000 annual salary.
All Christie would say was that Rivera-Soto believes his decision is constitutional, but would not discuss the merits of the claim.
“The issue of resignation is his choice, not mine,” Christie said.
He has made a policy of not commenting on specific decisions made by justices, although he has repeatedly commented on the “politicization” of the court in general.
Christie was nearly effusive in his praise of Rivera-Soto’s in the governor’s lettered response to the justice’s notice of not seeking re-appointment.
“Your thoughtful and reasoned opinions in scores of cases will guide New Jersey through the next century, and your distinguished career as a public servant will serve as an example for generations of future lawyers,” Christie wrote.
Given Rivera-Soto’s 2007 censure and his current predicament, PolitickerNJ asked Christie why the wonderful words, including a nod to the adjudicator’s decisions.
“We have something in our society called common manners and politeness,” Christie said, noting his similar letter to Wallace upon exit.
“He deserved to be thanked for his service,” Christie said, without the chief executive standing in agreement or disagreement of particular opinions.
“For people to be kicking him on the way out,” Christie said. “People think I’m ill-mannered…”
Rivera-Soto was the first Hispanic justice, a point that Christie noted in his letter.
Read Codey’s letter to Rivera-Soto below
