Municipal Judge Admits 'Serious Failure' in Handling Landlord's Cases
"In trusting my integrity to render proper decisions, I never considered how my landlord/tenant relationship might look to others. That was a serious failure on my part," the judge said.
September 11, 2019 at 10:58 AM
4 minute read
A municipal court judge has admitted to several violations of the Judicial Code of Conduct, including her failure to recuse herself from cases involving her law office's landlord, creating a conflict of interest.
In an answer signed by her attorney, Judge Lilia Munoz admitted to each infraction cited by Maureen Bauman, disciplinary counsel at the Advisory Committee on Judicial Conduct, in a formal complaint earlier this year.
The answer, dated Aug. 27 and made public Monday, is signed by Munoz's attorney, Robert Feder, a solo practitioner in Fort Lee.
After acknowledgments of wrongdoing, the answer included a statement: "Respondent acknowledges that her failure to recuse herself created the appearance of impropriety and could bring into question her impartiality."
It also states: "Respondent admits to having exhibited poor judgment that could undermine the public confidence in the Judiciary."
Attached at the bottom, Munoz wrote and signed her own statement addressed to the ACJC, dated Sept. 5, that reads: "In trusting my integrity to render proper decisions, I never considered how my landlord/tenant relationship might look to others. That was a serious failure on my part. Only when several years ago someone asked for my card and on seeing the same address said 'Oh, you're with Ray Gonzalez' did I realize someone could think that way. That's when I told my Court Director/Administrator that Mr. Gonzalez's cases should go to the other judge."
A formal complaint was filed by the ACJC on Aug. 2 against Munoz, alleging, among other things, that she failed to recuse herself on all legal matters involving her law office's landlord that went before her while she was a judge, and her poor judgment in preventing a conflict of interest, or even the appearance of a conflict of interest.
According to the ethics complaint, Munoz, a former Hudson County Bar Association president, had a solo practice located at 545-547 39th St. in Union City from 2005 to 2018 that she rented on a month-to-month basis.
The building's owner is a company whose principals are attorney Ramon Gonzalez and his spouse. Munoz was a tenant in the building, and during that time, Gonzalez allegedly appeared as counsel of record before her on numerous occasions in both Union City and Guttenberg, where Munoz held part-time judgeships.
In private practice, Munoz practiced family law, real estate, wills and estates, and landlord-tenant law, among other areas of expertise.
The ACJC charged that Munoz had a conflict of interest, or the appearance of one, in handling his legal cases while she was his tenant, and she should have recused herself in all matters involving Gonzalez.
The ACJC also noted that Munoz initially leased the office from Gonzalez's father from November 2004 to November 2007, confirming a long-standing business relationship between her and the Gonzalez family.
Munoz "impugned the integrity and impartiality of the Judiciary and demonstrated an inability to conform her conduct to the high standards of conduct expected of judges and exhibited poor judgment," the ACJC said in its formal complaint. "Such conduct undermines the public confidence in the Judiciary," the committee said.
Munoz is accused of violating three canons of the Code of Judicial Conduct: Canon 1, Rule 1.1, which requires judges to observe high standards of conduct so that the integrity and independence of the judiciary may be preserved; Canon 2, Rule 2.1, which requires judges to avoid impropriety and the appearance of impropriety, and to act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary; and Canon 3, Rule 3.17(B), which requires judges to disqualify themselves in proceedings in which their impartiality might reasonably be questioned.
Munoz also is accused of violating Rule 1:12-1(g), which requires judges to disqualify themselves in proceedings in which there exists anything that might preclude a fair and unbiased hearing and judgment, or which might reasonably lead counsel the parties to believe so.
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