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 Steven P. Perskie, a Former Judge of the Superior Court (D-75-10) (067680)

Argued June 14, 2011 – Decided August 1, 2011

PER CURIAM

This judicial disciplinary matter came before the Court on a presentment from the Supreme Court Advisory Committee on Judicial Conduct (Advisory Committee). The Advisory Committee concluded that respondent, former Superior Court Judge Steven P. Perskie, who retired from the judiciary in 2010, violated several Canons of the Code of Judicial Conduct: Canon 1 ( a judge should observe high standards of conduct so the integrity and independence of the judiciary may be preserved), Canon 2A ( a judge should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary), Canon 2B (a judge should not lend the prestige of office to advance a private interest), and Canon 3C(1) (a judge should disqualify himself in a matter if the judge’s impartiality might reasonably be questioned), and R. 1:12-1 (f) of the New Jersey Court Rules (a judge should disqualify himself if a party might reasonably believe the judge could not be fair or unbiased in the proceedings). The Advisory Committee recommended that respondent be censured. The Court issued an Order to Show Cause why respondent should not be publicly disciplined.

The disciplinary proceedings against respondent began with the filing of grievances with the Advisory Committee in July 2008 by Alan P. Rosefielde, a party to a civil action captioned Kaye v. Rosefielde, over which respondent presided between February 2005 and October 2006. The litigation was a business dispute involving issues that arose from Rosefielde's employment with and eventual termination from a business based in Atlantic City. Rosefielde contended that his termination was due to his recommendation that his employer end its business relationship with an insurance broker named Frank Siracusa, whom Rosefielde alleged had engaged in improper and questionable business practices. Siracusa was a central witness to Rosefielde’s counterclaim. Respondent had a longstanding business, social, political, and personal relationship with Siracusa, but informed the parties to the Kaye litigation several times that notwithstanding his relationship with Siracusa, he was not uncomfortable presiding over the case and evaluating Siracusa's credibility if Siracusa were to appear as a witness.