JUDGE ANNOUNCES RETIREMENT- ATTORNEY GENERAL INVESTIGATING RETALIATION

By Jackie Roman | NJ Advance Media for NJ.com

Municipal Judge Jason Witcher — whose concerns about alleged discrimination against Latino defendants in his courtroom last year led to statewide reforms — announced this week he will retire from the bench this summer.

 Witcher’s announcement follows a high-profile clash with state judiciary officials over his bias allegations along with his claims that he was retaliated against by court officials for whistleblowing.

The judiciary announced last week Witcher would be returning to judicial duties after he said he was briefly removed from the bench after officials told him he needed a fitness-for-duty evaluation. 

“This is a difficult decision, an emotional decision, but the best decision for me and my family.” Witcher said he will step down from the bench after 13 years of service on Aug. 1. 

A spokesman for the state Administrative Office of the Courts declined to comment on the judge’s announcement.

Witcher became the first Black municipal court judge in the history of Salem County with his appointment to the bench in Salem City in 2010. He was later appointed to serve in municipal court in Carneys Point and Penns Grove. In 2014, Witcher made history again when he was appointed to sit on the bench in Bridgeton municipal court — this time as the first Black judge in Cumberland County. Three years later, Witcher was appointed as the first Black judge in Millville.

“Over the past 13 years, I have been committed to making a difference in people’s lives,” Witcher said in a statement on Monday. “Striving to be a positive role model, an inspiration and a voice of encouragement to people both inside the courtroom and within the communities where I serve. Specifically striving to be a positive example to our youth,” Witcher said.

“I have sought to be a living example of the grace of God and am thankful that God found me worthy to serve you.”

Witcher made headlines in December when he accused the Millville municipal court of discriminating against Latino defendants by scheduling them to appear in person in court while other defendants were given the choice of attending virtual hearings. Witcher said he began noticing months earlier that he had few Spanish speakers in his virtual hearings, while the in-person docket was filled with Latino-sounding surnames.

 His statements in court about the alleged bias, unusual for a sitting judge, were praised by the leadership of a state Latino advocacy group. Witcher’s allegations also prompted an investigation by the state judiciary.

The state judiciary investigation of Millville cases that were scheduled from June through December of last year found no evidence of discrimination in how cases were scheduled. However, investigators found a slightly higher percentage of Millville cases involving Latino defendants were scheduled for in-person sessions when an interpreter was available.

 Under state law, interpreters should be available for all in-person and virtual hearings. The state judiciary’s report on the investigation listed a series of reforms planned statewide and locally to ensure defendants are aware of available interpreting services and have access to virtual hearings when appropriate.o

He previously alleged his assignment judge, who oversees all courts in Cumberland, Salem and Gloucester counties, threatened him via email with removal from the bench on an unrelated issue shortly after he alleged discrimination in scheduling in his courtroom.

Last month, Witcher said he was unfairly removed from the bench after local officials said they were told he needed a fitness evaluation. Witcher said he was notified the state Judiciary and the Administrative Office of the Courts would not permit him to preside over court proceedings until it could be demonstrated that he was able to perform the full functions of his position, with or without accommodations.

State officials denied Witcher was suspended or removed from the bench at the time and did not provide any additional information. However, last week a spokesman for the state Judiciary said Witcher would be returning to active duty in South Jersey shortly. 

Witcher will continue to preside over municipal courts in the towns where he serves until Aug. 1, he said.

“Thank you for the many stories, comments, and words of encouragement. But to everything there is a season, and it is time for me to enter a new season,” Witcher said Monday. “

Court is adjourned.”

The state Division on Civil Rights is conducting its own independent investigation into claims of discrimination in Millville municipal court, officials said. “

That investigation, which also encompasses whether any person or entity has engaged in unlawful retaliation in response to these allegations of discrimination, remains pending,” a spokeswoman said last week.