(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the
convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that,
in the interests of brevity, portions of any opinion may not have been summarized).
Submitted January 10, 1995 -- Decided February 15, 1995
PER CURIAM
The Supreme Court's Advisory Committee on Judicial Conduct (ACJC) has filed a presentment
concluding that retired Superior Court Judge Michael R. Imbriani violated a number of the Canons of the Code
of Judicial Conduct as well as the constitutional prohibition against judges engaging in "gainful pursuit" outside
of their judicial office. On the basis of the ACJC presentment, the Court filed a complaint for removal of Judge
Imbriani. The judge, who retired May 1, 1994, has consented to his removal.
Among the findings of the ACJC were the following: Around 1963, Judge Imbriani formed a
corporation known as Community Medical Arts Building, Inc. (CMAB) and acquired 12.5" of the issued
common capital stock. In about 1970, Judge Imbriani transferred his stock to his wife, Claire. By 1982, that
interest had increased to 40" because several shareholders had been bought out.
Since the creation of CMAB in 1963, Judge Imbriani had assisted in the management of the corporation
and its primary asset, the Community Medical Arts Building in Bound Brook. Among the services he performed
was the receipt of rent checks from the corporation's bookkeeper.
Between April 1989 and June 1992, Judge Imbriani obtained certain rent checks made payable to
CMAB, endorsed them, and deposited them to his own accounts. In this fashion, he converted approximately
$98,037.49 to his own use.
Between June 1987 and June 1992, Judge Imbriani withdrew funds from CMAB's corporate bank
account for non-corporate purposes and for his own uses. These diversions amounted to approximately
$28,973.00.
Judge Imbriani also issued CMAB corporate checks to cover personal expenses. Included in this
category were checks made out to payees who owed CMAB no money. Judge Imbriani endorsed those checks in
the names of the payees and used the funds for personal purposes.
On 6/16/94, Judge Imbriani entered a plea of guilty to the third-degree crime of Theft by Failure to
Make a Required Disposition of Property Received. As a part of the plea agreement, Judge Imbriani agreed to
make restitution to the shareholders of CMAB in the amount of $173,002.93; of that, $85,000.00 had already
been repaid.
The ACJC concluded that Judge Imbriani had, by converting CMAB's funds to his own use, violated
Canons 1 and 2A of the Code of Judicial Conduct, as well as Rule 2:15-8(a)(6). In addition, the Committee
found that by receiving compensation as the manager of CMAB's affairs while on the bench, Judge Imbriani had
violated the limitations of Article 6, Section 6, Paragraph 6 of the New Jersey Constitution. That conduct also
violated Canons 5C(1), 5C(2), and 6 of the Code of Judicial Conduct and Rule 2:15-8(a)(6). The ACJC
recommended Judge Imbriani's removal from judicial office.
HELD: The findings of the Advisory Committee on Judicial Conduct are amply supported by the record,
including respondent's plea of guilty. Respondent's conduct requires his removal from judicial office.
1. The most significant goal of judicial removal proceedings is the preservation of the public's confidence in the
judicial system. (p. 5)
2. For the purposes of a judicial removal proceeding, a judge's criminal conviction is conclusive evidence of the
facts underlying the charge. Respondent's guilty plea to the third-degree offense of Theft by Failure to Make
Required Disposition of Property established facts on which the Court has based its action. Moreover, the
findings of the ACJC are amply supported by the evidence produced at the hearing before that committee. (pp.
5-6)
3. The Court notes that respondent had long years of faithful and dedicated public service as a diligent and
conscientious judge. Notwithstanding that service, the Court must be guided solely by the public interest in
proceedings such as these. The steadfast commitment to maintaining an independent and incorruptible judiciary
requires respondent's removal from office. With his removal, respondent is barred from ever again serving in
judicial office. (p. 6)
So ORDERED.
CHIEF JUSTICE WILENTZ and JUSTICES HANDLER, POLLOCK, O'HERN, GARIBALDI,
STEIN, and COLEMAN join in the Court's opinion.
SUPREME COURT OF NEW JERSEY
D-
127 September Term 1994
IN THE MATTER OF
MICHAEL R. IMBRIANI,
A Retired Judge of the
Superior Court.
Submitted January 10, 1995 -- Decided February 14, 1995
On a presentment from the Advisory Committee
on Judicial Conduct recommending removal.
Patrick J. Monahan, Jr., on behalf of
Advisory Committee on Judicial Conduct.
Donald R. Belsole attorney for respondent.
PER CURIAM
The Advisory Committee on Judicial Conduct (ACJC) has
conducted a formal hearing to consider charges alleging that
Michael R. Imbriani (Respondent), formerly a Judge of the
Superior Court of New Jersey, had engaged in conduct in violation
of the New Jersey Constitution and various Canons of the Code of
Judicial Conduct. The ACJC issued its Presentment on December
28, 1994, finding that Respondent had violated Article 6, Section
6, Paragraph 6 of the New Jersey Constitution, and the following
Canons of the Code of Judicial Conduct:
Canon 1, which requires judges to
personally observe high standards of conduct
so that the integrity and independence of the
judiciary may be preserved;
Canon 2A, which requires judges to
respect and comply with the law and to act at
all times in a manner that promotes public
confidence in the integrity and impartiality
of the judiciary;
Canon 5C(1), which provides that a judge
shall refrain from financial and business
dealings that interfere with the proper
performance of judicial duties and exploit
the judicial position;
Canon 5C(2), which provides that a judge
may not serve as an officer, director,
manager, advisor, or employee of any
business;
Cannon 6, which prohibits a judge from
receiving compensation for extrajudicial
activities;
and [has] engaged in conduct prejudicial to
the administration of justice that brings the
judicial office into disrepute. Rule 2:15-8(a)(6).
On the basis of the ACJC's Presentment, this Court on its own
motion has filed a complaint permanently to remove Respondent
from judicial office. See N.J.S.A. 2B:2A-3; R. 2:14-1.
Respondent, who retired May 1, 1994, consents to his removal from
judicial office.
The Presentment discloses that the ACJC, on the basis of
clear and convincing evidence, made the following findings:
Around 1963, Respondent formed a
corporation known as Community Medical Arts
Building, Inc. (CMAB) and acquired 12.5
percent of the issued common capital stock.
In about 1970, he transferred his stock in
CMAB to his wife, Claire Imbriani. By 1982
that interest had increased to 40 percent
of the stock in CMAB because several
shareholders had been bought out and their
shares retired. At present the balance of
the CMAB stock is owned by three individuals.
Since the creation of CMAB in 1963,
Respondent assisted in the management of the
affairs of that corporation and its primary
asset, an office building known as the
Community Medical Arts Building, 515 Church
Street, Bound Brook, New Jersey. He received
rent checks from the corporation's
bookkeeper, assisted the bookkeeper in the
payment of the corporation's bills, and
assisted the corporation's accountant in
filing tax returns. He performed other
miscellaneous services for the corporation
and the office building, including handling
maintenance.
Between April 30, 1989 and June 1992,
Respondent obtained certain rent checks made
payable to CMAB by tenants of the Community
Medical Arts Building, endorsed them, and
deposited them to his own accounts.
Respondent converted to his own use in this
fashion approximately $98,037.49.
Between June 1987 and June 30, 1992,
Respondent withdrew funds from CMAB's
corporate bank account for non-corporate
purposes and for his own uses. Such
diversions amounted to approximately $26,000
up to May 1, 1992 and $2,973 between May 1,
1992 and June 30, 1992.
Respondent also issued certain checks
drawn on CMAB's corporate account in payment
of his own personal expenses. He issued
other checks drawn on that account to himself
and cashed them, applying the funds to his
personal expenses. He issued still other of
the corporation's checks to payees whom CMAB
owed no money and then endorsed those checks
in their names, using the funds for his own
personal purposes.
One of the assets of CMAB was stock in the Hillsborough National Bank purchased in the early 1970's for between $10,000 and $25,000. That bank was subsequently acquired
by United Jersey Bank, which issued its own
stock in place of the Hillsborough National
Bank stock. With the approval of the other
shareholders, Respondent placed the United
Jersey Bank stock in an investment account
with Merrill Lynch. However, without the
authorization of the shareholders of CMAB, he
took funds from this account for his own
personal purposes. The amount taken was
between $15,000 and $35,000.
On September 12, 1992, Claire Imbriani
endorsed her CMAB stock certificate and
delivered it with a check for $50,000 to an
attorney retained by the other shareholders.
The $50,000 payment was intended to reimburse
the other stockholders for some of the
converted funds. Respondent had previously
repaid $35,000.
On June 16, 1994, Respondent entered a
plea of guilty in the Superior Court to a
charge of Theft by Failure to Make Required
Disposition of Property Received, in the
third degree, contrary to the provisions of
N.J.S.A. 2C:20-9, upon an accusation brought
by the Attorney General on the basis of the
aforementioned conversion of CMAB funds to
Respondent's personal use. Respondent's plea
of guilty was accepted by the Honorable
Samuel D. Lenox, A.J.S.C.
As part of a plea arrangement reached
with the Attorney General, Respondent agreed
to pay restitution to the shareholders of
CMAB in the amount of $173,002.93, $85,000 of
which had already been repaid. The plea
agreement also provided that Respondent pay
$5,314 in taxes on funds unlawfully obtained
and perform 300 hours of community service.
The Committee finds by clear and
convincing evidence that by converting funds
belonging to CMAB to his own use, Respondent
violated Canons 1 and 2A of the Code of
Judicial Conduct, and engaged in conduct
prejudicial to the administration of justice
that brings the judicial office into
disrepute in violation of Rule 2:15-8(a)(6).
The Committee finds that Respondent
managed the affairs of CMAB while serving as
a Judge of the Superior Court. The Committee
also finds that Respondent received funds
from CMAB, including interest-free loans, in
compensation for his activities in managing
the corporation's affairs. By receiving such
compensation for his activities on behalf of
CMAB while serving as a Judge of the Superior
Court, Respondent violated Article 6, Section
6, paragraph 6 of the New Jersey
Constitution, Canon 5C(1), 5C(2), and 6 of
the Code of Judicial Conduct, and engaged in
conduct prejudicial to the administration of
justice that brings the judicial office into
disrepute, in violation of Rule 2:15-8(a)(6).
Respondent informed the Committee that
he took the money in question not to enhance
his own lifestyle but to help make tuition
payments for his five children, all of whom
attended private colleges and went on to
graduate or professional schools. As
Respondent recognizes, his motives do not
justify his actions. He knowingly violated
the law, and his oath of office as a Superior
Court Judge.
Respondent has a long and illustrious
record of public service to this State. That
record, however, cannot assuage the effect of
the wrongdoing. Given Respondent's conduct,
the Committee believes that the most severe
disciplinary sanction should be imposed.
Firmly established is the principle that "the most significant goal of judicial removal statutes is the preservation of the public's confidence in the judicial system." In re Coruzzi, 95 N.J. 557, 571-72 (1984). In recognition of that objective, we have held that for the purpose of judicial-removal proceedings a judge's criminal conviction is conclusive, both in respect of guilt as well as the essential facts underlying the criminal charges. Id. at 572-73. Accordingly, Respondent's
guilty plea to the third-degree offense of Theft by Failure to
Make Required Disposition of Property Received, N.J.S.A. 2C:20-9,
conclusively establishes both Respondent's guilt of that offense
and the essential facts underlying the accusation, for purposes
of this removal proceeding. Moreover, we are satisfied that the
ACJC's findings, as summarized in the Presentment, are amply
supported by the evidence adduced at the hearing before the ACJC.
We are fully cognizant of Respondent's long years of
faithful and dedicated public service, and that Respondent has
diligently and conscientiously discharged his judicial duties.
However, our focus in this proceeding is determined solely by the
public interest, In re Yaccarino,
101 N.J. 342, 396 (1985), and
by our steadfast commitment to maintaining an independent and
incorruptible judiciary. Respondent's conduct warrants his
removal from judicial office. Respondent's resignation from
judicial office effectuates his removal from the judiciary and
vindicates our determination, based on the evidence before the
ACJC, that Respondent's conduct is totally incompatible with
continued judicial service. He shall not hereafter hold judicial
office.
So ordered.
CHIEF JUSTICE WILENTZ and JUSTICES HANDLER, POLLOCK, O'HERN,
GARIBALDI, STEIN, and COLEMAN join in the Court's opinion.
SUPREME COURT OF NEW JERSEY
D-
127 September Term 1994
IN THE MATTER OF :
MICHAEL R. IMBRIANI, : ORDER OF REMOVAL
A Retired Judge of the
Superior Court of New Jersey. :
The Advisory Committee on Judicial Conduct having filed a
presentment recommending that MICHAEL R. IMBRIANI, who retired from
his position as a Judge of the Superior Court on May 1, 1994, be
removed from judicial office for violations of Article VI, Section
VI, Paragraph 6 of the New Jersey Constitution; N.J.S.A. 2C:20-9;
Canons 1,2A, 5C(1), 5C(2), and 6 of the Code of Judicial Conduct;
and Rule 2:15-8(a)(6);
And respondent, through counsel, having waived his right to a
hearing before the Supreme Court and having consented to his
removal from judicial office;
And good cause appearing;
IT IS ORDERED that MICHAEL R. IMBRIANI is hereby removed as a
Judge of the Superior Court, and he is hereby barred from holding
any future judicial office.
WITNESS, the Honorable Robert N. Wilentz, Chief Justice, at
Trenton, this 15th day of February, 1995.
/s/ Stephen W. Townsend
Clerk of the Supreme Court
NO. D-127 SEPTEMBER TERM 1994
PRESENTMENT OF ADVISORY COMMITTEE ON JUDICIAL
CONDUCT
IN THE MATTER OF
MICHAEL R. IMBRIANI,
A Retired Judge of the
Superior Court of New Jersey.
DECIDED February 15, 1995
Chief Justice Wilentz PRESIDING
OPINION BY PER CURIAM
CONCURRING OPINION BY
DISSENTING OPINION BY