11/18/11 7:49 AMNew Jersey Law Journal: Surrogate Denies Running Fundraiser Flouted Ethics Rule

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Surrogate Denies Running Fundraiser Flouted Ethics RuleA surrogate judge who honchoed a $100-a-plate fundraising event for a New Jersey Assembly hopeful denies that he violatedjudicial ethics canons in the process.

Michael Booth

11-17-2011

A surrogate judge who honchoed a $100-a-plate fundraising event for a New Jersey Assembly hopeful denies that he violatedjudicial ethics canons in the process.

Answering a formal complaint by the Advisory Committee on Judicial Conduct, Atlantic County Surrogate James Curcio admitshaving sent out an invitation letter in behalf of Chris Brown, who was raising funds to campaign for a Second District seat.

The Atlantic County Republican Party eventually nominated Brown and incumbent Assemblyman John Amodeo to run againstDemocrats Alysa Cooper and Damon Tyner. Brown and Amodeo both won in the Nov. 8 election.

But at the time of the fundraiser, Brown had not yet been nominated or even endorsed by the GOP, Curcio says in his answer,which the judiciary made public on Thursday.

The event was held last March 19 at Chickie's and Pete's Crab House and Sports Bar in Egg Harbor Township.

As "Host Committee Chairman," Curcio, a former GOP Atlantic County freeholder, signed and sent a letter inviting Brownsupporters and claimed to speak for "the entire committee," whose names were listed under his. At the letter's bottom appeared thewords "Paid for by Friends of Chris Brown."

The letter prompted an ethics grievance by Hammonton resident Richard Jacobus, filed last August. The ACJC followed with aformal complaint last month. Surrogates are elected officials but they are bound by judiciary ethics rules because they act as judgesin matters involving probate, wills, estates, adoptions and incapacitated persons.

The ACJC charged that Curcio violated:

Rule 1:17-1(f), which prohibits surrogates from engaging in partisan political activity other than what is permitted under the Code ofConduct for Judiciary Employees.

Canon 6.A.3 of the Code of Conduct for Judiciary Employees, which prohibits surrogates from holding "an office or position ofleadership in" or serving as a "spokesman for a political party, organization or club" that supports "partisan political activity."

Canon 1 of the Code of Judicial Conduct, which requires judges to observe high standards of conduct so that the integrity andindependence of the judiciary may be preserved. And,

11/18/11 7:49 AMNew Jersey Law Journal: Surrogate Denies Running Fundraiser Flouted Ethics Rule

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Canon 2A of the Code of Judicial Conduct, which requires judges to respect and comply with the law and to act at all times in amanner that promotes public confidence in the integrity and impartiality of the judiciary.

In his answer, Curcio admitted that he spoke for "the entire committee" and that the letter said, "Paid for by Friends of ChrisBrown."

He denied, however, that his actions violated judiciary canons or the rule against judges' partisan activity.

"I was attempting to make a good faith interpretation of the rule," Curcio said Thursday. "I did not think the rule prohibited me frommaking a personal endorsement."

Curcio added that although he attended the fundraiser, did not act as the emcee or host.

"I guess we'll go through the process and see how the committee addresses it, he said.

The case is In the Matter of Surrogate James Curcio , ACJC-2011-272.

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