The Appellate Division has ordered a new trial in the case of a criminal defendant who was a former client of the trial judge who convicted him of drug offenses.

Edward Holland's case was sent back to the criminal presiding judge of the Cumberland-Gloucester-Salem vicinage for vacation of his conviction on drug charges after he claimed in a post-conviction relief application that he had been a client of Superior Court Judge James Swift before the judge presided at his criminal trial. The Appellate Division found the situation posed a potential for an appearance of impropriety after Holland appealed the decision of another Superior Court judge, Robert Malestein, who found Swift's prior representation of Holland did not warrant post-conviction relief.

Holland was convicted of third-degree possession of heroin and third-degree possession of a controlled dangerous substance with intent to distribute, and was sentenced to seven years in prison. The conviction was upheld on direct appeal, but the issue of judicial conflict was not raised in that proceeding.