Judge Charged With Ethics Violations in Daughters' School Expulsion Seeks Dismissal of Complaint
A New Jersey judge under fire for allegedly acting belligerently after her daughters were expelled from their parochial school is disputing that she violated judicial ethics rules during an incident on school grounds.
July 12, 2018 at 04:28 PM
3 minute read
an answer complaint 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, retired Kenilworth Police Department Capt. 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.Essex 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.The complaint alleged that on Feb. 1, 2017, Margaret Dames, 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, and that Mullen refused. 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. Eventually, Kenilworth police removed Mullen from the school grounds, and school officials filed a trespassing complaint against her. Middlesex County Assignment Judge Alberto Rivas found Mullen guilty of defiant trespass. An appeal is pending.In the answer, Mullen denied bringing news media to school grounds, saying that her husband had told media members about the dispute with the archdiocese during a practice with professional Women's National Basketball Association players that Sydney was invited to participate in, and which was attended by reporters.Mullen also denied being repeatedly told to leave the school grounds and refusing on Feb. 2, 2017.She also contends that the archdiocese merely requested, but didn't demand, that the girls cease attending school.Mullen's attorney on the non-ethics matters, Westfield solo Susan McCrea, was not available for comment Thursday but previously said there are “many inaccuracies” in the complaint.The answer, in addition to disputing much of the complaint's recitation of facts, alleges that Mullen's daughters were subjected to harassment while in school. The harassment, according to the answer, included male students making sexually inappropriate gestures and comments, and the texting of a student with a gun. The answer further alleges that there was little or no corrective action taken by the school.Mullen is charged with failing to meet the high expectations meant for members of the judiciary, impugning the judiciary, and demeaning her office by failing to comply with court rules and ethics guidelines.Mullen, admitted to the bar in 1993, had been a solo in Cranford before her nomination to the bench in 2014. She focused on personal injury work, contracts and general litigation. Mullen practiced briefly at the Law Offices of Floyd F. 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.
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 AllHit by Mail Truck: Man Agrees to $1.85M Settlement for Spinal Injuries
Appellate Div. Follows Fed Reasoning on Recusal for Legislator-Turned-Judge
4 minute readChiesa Shahinian Bolsters Corporate Practice With 5 From Newark Boutique
5 minute readOn the Move and After Hours: Brach Eichler; Cooper Levenson; Marshall Dennehey; Archer; Sills Cummis
7 minute readTrending Stories
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