A New Jersey appellate court has vacated a contempt finding against a man who refused to remove his knit ski cap in Egg Harbor City, N.J., municipal court for religious reasons.
The adjudication of contempt, which carried a $50 fine, was procedurally defective because Egg Harbor City Municipal Court Judge William Cappuccio failed to adhere to procedural requirements in R. 1:10-1, Appellate Division Judges Paulette Sapp-Peterson and Marie Lihotz said in an order made public Aug. 15. And a remand of the case to municipal court, signed by Atlantic County Superior Court Presiding Judge Michael Donio, was also reversed because, Sapp-Peterson said, “the interest of justice is not served under this record by a remand.”
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