Judge Removed From Bench for Meddling in Custody Case, Lying During Investigation
The New Jersey Supreme Court removed Passaic County Superior Court Judge Liliana DeAvila-Silebi.
September 26, 2018 at 04:19 PM
4 minute read
The New Jersey Supreme Court on Wednesday ordered that a judge charged with improperly intervening in a child custody matter, and then fabricating a story about the incident, be immediately removed from office.
The court, in an order signed by Chief Justice Stuart Rabner, removed Passaic County Superior Court Judge Liliana DeAvila-Silebi and referred the matter for further review to the Office of Attorney Ethics.
DeAvila-Silebi, who has been suspended without pay, had previously waived her right to defend herself against the claims.
Her attorney, Jersey City solo Peter Willis, didn't provide a comment by press time, and attempts to reach DeAvila-Silebi directly were unsuccessful.
The state Attorney General's Office, which represented the Advisory Committee on Judicial Conduct before the court, declined to comment.
The court's order follows the recommendation of a special panel of the Advisory Committee on Judicial Conduct, which determined that she should be removed from the bench. The panel pointed to her dishonesty in the wake of the incident as grounds for removal.
“In light of the panel's finding beyond a reasonable doubt that there is cause of respondent's removal … respondent's continued suspension from the performance of her judicial duties shall be without pay,” said a June 2018 order signed by Rabner.
The special panel reviewed the case after the ACJC issued a presentment recommending DeAvila-Silebi's removal.
In the report, the special panel—Appellate Division Judge Carmen Messano, Camden County Superior Court Judge Deborah Silverman-Katz and Monmouth County Superior Court Judge Lisa Thornton—said: ”In this case, [respondent's] conduct … demonstrated dishonesty, perversion of her judicial authority and betrayal of the public trust.”
“We are compelled to conclude beyond a reasonable doubt that respondent's … deceitful conduct justifies her removal from office,” the panel said.
DeAvila-Silebi was charged with violating the judicial code of conduct by calling the police on a weekend and having a child transferred from one parent to another, and by her conduct in the investigation that followed.
According to documents, the incident, in which DeAvila-Silebi allegedly assisted in having a child moved from the custody of the mother, occurred on May 9, 2015. DeAvila-Silebi called the Fort Lee Police Department and after explaining she was assigned to both Bergen and Passaic counties and was on emergent duty, arranged for the police to pick up the child. DeAvila-Silebi later told authorities she received a call on her cellphone from someone purporting to be an attorney detailing a court order related to a child custody agreement, but that the call turned out to come from an unidentified male using a phone belonging to the mother of the child, documents said.
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