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.
