No. 25-584

Kenneth J. Rosellini v. Gary N. Wilcox, Individually, and as Judge, Superior Court, Bergen County, New Jersey, et al.

Lower Court: Third Circuit
Docketed: 2025-11-18
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights-statute constitutional-review due-process federal-jurisdiction state-court-procedure younger-abstention
Key Terms:
DueProcess FirstAmendment
Latest Conference: 2026-01-16
Question Presented (AI Summary)

Is there a full and fair opportunity for a person to raise constitutional issues in state court attorney ethics proceedings, so that Younger Abstention can be invoked by a federal district court to dismiss a §1983 civil rights case, where state court rules bar constitutional issue review and the state's highest court fails to provide a substantive opinion?

Question Presented (from Petition)

1) Is there a full and fair opportunity for a person to raise constitutional issues in in state court attorney ethics proceedings, so that Younger Abstention can be invoked by a federal district court to dismiss a §1983 civil rights case filed by that person alleging constitutional violations, where a state court rule bars the trial level tribunal and appellate level tribunal from hearing constitutional issues, reserves constitutional issues for a hearing with the state ’s highest court, and the state ’s highest court fails or refuses to make any opinion or decision whatsoever on those constitutional issues, except to deny the person ’s petition to the highest court without explanation?

Docket Entries

2026-01-20
Petition DENIED.
2025-12-30
DISTRIBUTED for Conference of 1/16/2026.
2025-12-08
Waiver of right of respondents Gary Wilcox, Hon. Edward Torack, Marie E. Lihotz, Hany Mawla, Marie P. Simonelli, Stuart Rabner, Supreme Court of New Jersey District XI Ethics Committee, Norman I. Klein, and Robert C. Papa to respond filed.
2025-07-29
Petition for a writ of certiorari filed. (Response due December 18, 2025)

Attorneys

Gary Wilcox, Hon. Edward Torack, Marie E. Lihotz, Hany Mawla, Marie P. Simonelli, Stuart Rabner, Supreme Court of New Jersey District XI Ethics Committee, Norman I. Klein, and Robert C. Papa
Phoenix N. MeyersOffice of the Attorney General State of New Jersey, Respondent
Phoenix N. MeyersOffice of the Attorney General State of New Jersey, Respondent
Kenneth J. Rosellini
Kenneth J. Rosellini — Petitioner
Kenneth J. Rosellini — Petitioner