No. 18-7647

Lynn Smith, et vir v. Manasquan Savings Bank

Lower Court: New Jersey
Docketed: 2019-01-29
Status: Denied
Type: IFP
Relisted (3)IFP
Tags: association codes-of-judicial-conduct first-amendment judicial-conduct new-jersey new-jersey-state-court political-speech revised-code-of-judicial-conduct rules-governing-the-courts-of-the-state-of-new-jer standards-of-behavior state-courts
Latest Conference: 2019-10-11 (distributed 3 times)
Question Presented (from Petition)

Codes of Judicial Conduct and related sources of authority provide standards of behavior for judges and others within the New Jersey state court family. A revised Code of Judicial Conduct was adopted effective September 1, 2016 and was included in the Rules Governing the Courts of the State of New Jersey as an appendix to the Part I Rules by an order dated August 2, 2016 signed by Chief Justice Rabner. The questions presented relate to violations of this code by persons of the New Jersey Court system named below who in their administration of F-40519-09 violated Canons 1, 2, & 3 of the New Jersey Codes of Conduct. In their knowingly and willfully violating state and federal rules, procedures and laws.

The primary circumstance of the underlying case is the persistence of violations of the above Code of Judicial Conduct and state and federal law by Michelle M. Smith, Esquire, the Clerk of the Court of the New Jersey Superior Court, Kathryn Shabel, Esquire, the Assistant Chief of the Office of Foreclosure in New Jersey, Kathleen J. Wardlow, Esquire, the Civil Division Manager of the Monmouth County Vicinage of the New Jersey Judiciary, Gurpreet M. Singh, the Trial Court Administrator of the Monmouth County Vicinage of the New Jersey Judiciary, Judge Patricia Del Bueno Cleary the presiding judge handling F-40519-09 in the Monmouth County Chancery Court, Joseph Orlando, Esquire, the Clerk of the New Jersey Superior Court Appellate Division, Judge Carmen Messano, the Presiding Judge for Administration of the New Jersey Superior Court Appellate Division, the Mark Neary, Esquire, Clerk of the Court of the New Jersey Supreme Court. an Judge Jaynee LaVecchia, Associate Justice of the New Jersey Supreme Court, and Stuart A, Rabner, the Chief Justice of the New Jersey Supreme Court and the former Attorney General of the State of New Jersey.

The questions presented herein correspond to case events from the return of two $50.00 checks in October 2016 (Appendix A) by the Superior Court Clerk's Office in recognition that we had a fee waiver - to the December 21, 2018 Order for Entry of Final Judgment that was rendered despite the Superior Court not docketing or the Chancery Court judge not having reviewed Opposition Briefs (Appendix B) through to the June 10, 2018 order denying my Reconsideration Motion which appealed the dismissal of my Petition for Certification to the New Jersey Supreme Court - despite the fact that the motion contained a picture of a certified bank check issued on the same day as the motion that would have been tendered had the motion been granted (Appendix C).

The Early Superior Court Filing Fee Incidents

Question I & 2:

Whether it was error or misconduct when the Superior Court Clerk Office! Foreclosure Unit refused to docket (Appendix D) several of the Defendant's Opposition Briefs to a Plaintiff Motion for Entry of Final Judgement in November and December 2016 for failure to pay a $50 filing fee:

After two such $50.00 checks were returned by the Superior Court Clerk's Office in October 2016?

When no such fee is required in the State of New Jersey?

The Chancery Court's Failure to Review and Consider Defendant Pleadings

Question 3:

Whether it was error or misconduct when the Chancery Court judge knowing that the Superior

Question Presented (AI Summary)

Whether the New Jersey Code of Judicial Conduct violates the First Amendment rights of judges and others within the New Jersey state court family by restricting their ability to engage in political speech and association.

Docket Entries

2019-10-15
Rehearing DENIED.
2019-09-25
DISTRIBUTED for Conference of 10/11/2019.
2019-06-28
Petition for Rehearing filed.
2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-06
Petitioners complied with order of April 1, 2019.
2019-04-22
Application (18A1080) granted by Justice Alito extending the time to file until May 6, 2019.
2019-04-18
Application (18A1080) for an extension of time within which to comply with the order of April 1, 2019, submitted to Justice Alito.
2019-04-01
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until April 22, 2019, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-07
Supplemental brief of petitioners Lynn Smith, et vir. filed. (Distributed)
2018-11-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 28, 2019)
2018-10-22
Application (18A409) granted by Justice Alito extending the time to file until November 12, 2018.
2018-09-13
Application (18A409) to extend the time to file a petition for a writ of certiorari from September 13, 2018 to November 12, 2018, submitted to Justice Alito.

Attorneys

Lynn Smith, et al.
Lynn Z. Smith — Petitioner