Improper for Judge to file
contempt proceeding then serve as Judge of case
LISA IPPOLITO VS.
TOBIA IPPOLITO
A-4840-13T1
In this matrimonial action,
the family judge instituted a contempt proceeding, pursuant to Rule 1:10-2,
against defendant upon the judge's receipt of a letter from plaintiff's counsel
claiming that defendant violated an order which prohibited defendant from
"threatening or intimidating any expert in this matter." Because the
judge presided over the very contempt proceeding he initiated, failed to
appoint counsel to prosecute the matter, and shifted the burden of persuasion
to defendant, the court vacated the order under review and remanded the
contempt proceeding to the assignment judge to designate another judge to
preside over the contempt proceeding.
