SYLLABUS
(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).
In the Matter of Randolph M. Subryan, A Judge of the Superior Court of New Jersey (D-34-04)
Argued February 1, 2005 -- Decided June 29, 2006
PORITZ , C.J., writing for a Unanimous Court.
This is a judicial disciplinary matter, which came before the Court on a presentment from its Advisory Committee on Judicial Conduct (ACJC). The ACJC found that Superior Court Judge Randolph Subryan had violated Canon 1 (requiring a judge to conduct himself according to high standards of conduct so that the integrity and independence of the judiciary may be preserved) and Canon 2A (requiring a judge to act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary) of the Code of Judicial Conduct, as well as Rule 2:15-8(a)(6)(engaging in conduct that is prejudicial to the administration of justice that brings the judicial office into disrepute). The ACJC recommended that the Court censure Judge Subryan for his actions.
The Court issued an Order to Show Cause why Judge Subryan should not be publicly disciplined.
Judge Subryan hired J.B. to be his law clerk for a one-year term commencing in September 2002. By J.B.'s own account, she and the judge worked well together. She viewed him as a mentor to her and to other law clerks. Lighthearted bantering and affectionate behaviors were common in his chambers, including kisses on the cheek, hugs, touching on shoulders, and the like. Such conduct was tolerated and accepted, if not encouraged. At times, the banter was gender-related or had sexual implications.
More than one person heard the judge say that a woman attorney who tried cases in his courtroom was "hot" and that he might rule in her favor for that reason. J.B. testified that the judge told her that she would "turn [him] into Judge Seaman" (a judge who was disciplined in 1993 for sexual harassment of his law clerk). The Court found the judge's claim that he did not know who Judge Seaman was to be incredible.
The record also includes substantial testimony about gossip in the courthouse when sexually explicit photographs were offered in evidence during a highly publicized criminal trial before Judge Subryan. No one, including the judge, seemed concerned whether the discussion of the photographs was offensive to anyone who was there. Although jokes and comments about gender and sex are simply not appropriate in a judge's chambers, the record suggests that the people who participated in the banter believed it to be harmless.
The key allegation in the matter is J.B.'s contention that Judge Subryan kissed her against her will. The critical events occurred in the judge's chambers on May 30, 2003. According to testimony before the ACJC, sometime in April 2003 the relationship between J.B. and the judge began to deteriorate. The testimony of J.B. and Judge Subryan in respect of the events of May 30, 2003, must be considered in that context.