judge and gavel

The Advisory Committee on Judicial Conduct has filed a formal complaint against a municipal judge in East Orange, charging him with making disparaging remarks about women during domestic abuse cases that came before him—in particular, one involving a jail inmate facing multiple domestic violence offenses.

Steven Brister is a part-time judge in the East Orange Municipal Court and serves as an acting judge in Newark Municipal Court. He began practicing law in 1985.

Brister is charged with multiple violations of the canons of the Judicial Code of Conduct, including 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.

Brister also is charged with violating Canon 2, Rule 2.2, which requires judges to decide cases according to the law and facts and not permit family, social, political, financial or other relationships or interests to influence their judicial conduct or judgment.

"Respondent's reference to women and the manner in which men should treat them was inappropriate, disparaging to women and had the potential to create the appearance of a gender bias," stated the complaint, dated Oct. 22 and signed by Maureen J. Bauman, disciplinary counsel of the ACJC.

A call to Brister's law office seeking comment was not immediately returned.

One of the incidents under review by the ACJC occurred on Feb. 21, 2019, involving a male defendant detained in county jail with five domestic violence charges pending against him, according to the complaint.

The defendant appeared before Brister via video link from jail over the charges.

Brister allegedly told the defendant, that "as a man," he could relate to his frustration and wanting to lash out at women, and alluded to the need to "straighten out that curve"—alluding to physical features women are born with, as well as biblical teachings.

"I'm going to tell you what I tell a lot of people with this same charge. Because all of these charges are the same," Brister said in court, according to the complaint.

"I can speak to you as a man [because] I am a man as well. We get frustrated with the women human beings," Brister continued, according to the complaint. "Because we try to straighten out a creation cause they was created with a curve. … No matter how much you try, or how you try to straighten out that curve, you can never do it."

The complaint states Brister continued to disparage women in the same video chat, referring to them as boxer Leon Spinks while discouraging the defendant from coming at them as if he were Mike Tyson.

"We get frustrated … but, in our frustration you can't come at them like you Mike Tyson and they're in the ring like they're Leon Spinks," Brister is quoted as saying. "You can't do it. You can't punch, you can't hit. At best, you treat as if you're holding a feather, just to let them know you're the man and you're in control."

On July 30, 2019, the complaint said, Brister appeared before the ACJC for an informal conference, where he was asked: "What's the curve that women were created with?"

Brister, according to the document, replied, "when I was young, I was altar boy and so it says Adam was created from the curved rib of a man. So if you believe in a creation from a higher power, then that curve is the creation of the woman with the curve of the rib of Adam."

"Respondent assimilated his personal religious beliefs into his judicial role and demonstrated an inability to conform his conduct to the high standards of conduct expected of judges and impugned the integrity of the Judiciary," said the ACJC complaint.

The complaint also charges Brister with violating Canon 3, Rule 3.5, which requires judges to be patient, dignified and courteous to all those with whom he deals with in an official capacity; and Canon 3, Rule 3.6 (A), which requires judges to be impartial and not to discriminate because of race, creed, color, sex, gender identity or expression, or religion/religious practices or observances, among other traits.

Brister also is charged with violating Canon 3, Rule 3.6 (C), which requires judges, in the performance of judicial duties, to refrain from using words or conduct which manifest bias or prejudice, or engage in harassment.