NJ Judge Faces Ethics Charges Over Handling of Children's School Expulsion
In a case that's already made headlines because of the issue of gender in school sports, a New Jersey judge has been charged with ethics violations for allegedly acting belligerently after her daughters were expelled from their parochial school during litigation against the school.
May 03, 2018 at 03:49 PM
5 minute read
In a case that's already made headlines because of the issue of gender in school sports, a New Jersey judge has been charged with ethics violations for allegedly acting belligerently after her daughters were expelled from their parochial school during litigation against the school.
The state Supreme Court's Advisory Committee on Judicial Conduct filed a complaint against Union County Superior Court Judge Theresa Mullen on Monday, and made the charges public on Thursday.
Meanwhile Mullen, through her attorney, is contending that the complaint includes factual inaccuracies and is missing facts.
According to reports and the complaint, the issue dates back to 2016, when Mullen learned that one of her daughters, Sydney Phillips, a middle school student at St. Theresa's School in Kenilworth, would not be allowed to play on the boys basketball team even though the girls team had been discontinued for lack of student participation.
Mullen's husband, Scott Phillips, in December 2016 filed a civil complaint in Superior Court asking that the school be ordered to allow Sydney, then a seventh-grader, to play for the boys team, the documents said.
Union County Superior Court Judge Donald Kessler initially denied the application, but in February 2017 reversed himself after learning that girls were allowed to play on the boys team at St. John's School in Clark.
According to the documents, Sydney eventually played on the boys team, and she and her sister, Kaitlyn, finished the 2016-17 year at St. Theresa's—but it was confrontations in the interim that led to the filing of the ACJC complaint.
On Feb. 1, 2017, Margaret Dumas, the secretary for education for the Archdiocese of Newark, wrote to Phillips and Mullen that they were required to withdraw their girls from the school because of the litigation. Dumas, citing the parent-student handbook, said children could not attend any of the schools in the archdiocese if their parents were involved in any litigation against the archdiocese.
Phillips and Mullen, according to the complaint, refused to withdraw their girls from St. Theresa's.
The next day, Mullen arrived at the school with her children and were confronted publicly by school officials and Kenilworth police, who had been notified that news media would be present, the complaint said.
Mullen, the complaint said, was repeatedly told to leave the school grounds but refused. Instead, the complaint said, she insisted that she be put in handcuffs and be arrested. Eventually, Kenilworth police removed Mullen from the school grounds, and school officials filed a trespassing complaint against her.
The school then wrote a letter to Phillips and Mullen saying that their children's applications for the following school year would not be accepted.
In the wake of the incidents, the archdiocese began receiving letters from other parents of St. Theresa's students, alleging “bullying, rudeness, intimidation and harassment” by Phillips and Mullen, the complaint alleged.
One parent wrote that the family had “become so litigious in nature that we as parents are afraid to speak out against them for fear of retribution,” according to the complaint. Another parent wrote: “I fear they will not stop until they get what they want,” the ACJC said.
Phillips and Mullen, the complaint noted, are in the midst of litigation to have their girls readmitted to the archdiocese's schools.
Mullen, the complaint said, initially refused to appear for a deposition, and when she did appear refused to answer “95 percent” of the questions posed to her, in violation of the rules of civil procedure.
The complaint also noted that Kessler denied Mullen's demand that the record in the case be sealed temporarily.
As for the trespassing complaint, in January, Assignment Judge Alberto Rivas found Mullen guilty of defiant trespass, and noted that Mullen, when testifying, was “combative and evasive,” according to the ACJC.
The complaint, while not specifying the quantum of discipline sought, said Mullen failed to meet the high expectations meant for members of the judiciary, impugned the judiciary, and demeaned her office by failing to comply with court rules and ethics guidelines.
It is likely that her case will be considered by the ACJC as a panel, and then by the Supreme Court.
Mullen did not return a call, but her attorney, Westfield solo Susan McCrea, said there are “many inaccuracies” in the complaint that will be addressed when Mullen files an answer. “There are facts that haven't seen the light of day,” McCrea said.
McCrea added that both Sydney and Kaitlyn were subjected to bullying and harassment while attending the school. The children are now in public school, McCrea said.
The lawyer for the archdiocese, Christopher Westrick of Roseland's Carella, Byrne, Cecchi, Olstein, Brody & Agnello, declined to comment on the ethics charges but noted that Kessler already has ruled that the archdiocese is not obligated to readmit the two girls.
Mullen, admitted to the bar in 1993, had been a solo in Cranford before her nomination to the bench in 2014 by Gov. Chris Christie. She focused on personal injury work, contracts and general litigation.
Mullen practiced briefly at the Law Offices of Floyd Cottrell in Newark before starting her own firm. From 2003 to 2006, Mullen was with Tressler Soderstrom Maloney & Priess in Newark. She was with Sachs, Maitlin. Fleming, Greene, Marotte & Mullen in West Orange from 1997 to 2003, and from 1994 to 2007 was with the Law Offices of William Cambria, which served as the in-house counsel for the Archdiocese of Newark.
Mullen is a graduate of Lehigh University and the Albany Law School of Union University.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllOn the Move and After Hours: Brach Eichler; Cooper Levenson; Marshall Dennehey; Archer; Sills Cummis
7 minute readConstruction Worker Hit by Falling Concrete Settles Claims for $2.3M
4 minute readEagle Pharma Founder Sues Company to Recoup Cost of SEC Investigation
2 minute read$113K Sanction Award to Law Firm at Stake: NJ Supreme Court Will Consider 'Unsettled Law' Frivolous Litigation Question
4 minute readTrending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250