JUDGE'S EXIT LEAVES UNANSWERED QUESTIONS
Municipal Judge Jason Witcher, who made statewide headlines late last year when he accused one Cumberland County court of bias against Spanish-speaking defendants, will be relinquishing all of his local judgeships by Aug. 1. While that date pretty much coincides with the start of a new judiciary year, municipal judges are usually appointed on a calendar-year basis by local governing bodies.
We can presume, then, that this earlier exit was not entirely a voluntary choice on the 13-year judge’s part — even though he was permitted to announce the end of his career on the bench.
" What put Witcher in the cross-hairs of higher-level judges and the state Administrative Office of the Courts was his allegation that workers in the Millville court were requiring Latino and Spanish-speaking defendants to appear in person in front of Witcher, while English-speaking defendants slated to face the same kind of hearing or conference were more often allowed to appear via “Zoom court” — a convenience that was utilized heavily starting during the height of the COVID-19 pandemic.
The back-and-forth accusations resulted in a formal investigation by the AOC and the state court hierarchy, and a definitely non-voluntary action that temporarily removed Witcher from his duties. The AOC reported that it had found no evidence of systematic discrimination. Then, the judge was seemingly disciplined for not following a command of the region’s assignment judge to monitor dockets of upcoming court dates for evidence of the bias he claimed was occurring. It’s important to point out that municipal judges sit at the bottom of the pecking order of the state’s judiciary. They generally hear non-indictable offenses such as traffic violations and simple assault charges, but they still answer to a regional assignment judge, who is a Superior Court judge, and, ultimately, to the state Supreme Court.
Witcher’s desire to accept retirement is personal, and described by the judge as best for him and his family. But, he added, “Courage is costly and over the past few months I have paid a heavy personal price for standing on my principles.” What this means for the public and their confidence in the judiciary — or in Witcher himself — is even less clear.
The judge sounded as if he was standing his ground concerning his allegations. To further cloud the issue, it was less than a week before his retirement announcement that court officials said Witcher would soon be returning to his judicial duties following a fitness-for-duty evaluation. Presumably, he passed. If he hadn’t, that would call into question rulings and decisions he’d made over the past few months. Remember, municipal judges hear cases where they, not juries, make the call.
Regardless, Witcher did shed some light on a level of the judiciary that too often sits in a dark, dusty corner. Yet, it’s not unimportant when a laborer from Atlantic County is made to lose a day’s pay and bear travel expenses to Millville, Penns Grove or Bridgeton to appear in person before a judge, while others are allowed to conveniently look at their laptop in order to attend a hearing.
The judge’s accusations did cause court officials to emphasize that language translators need to be available to all defendants, including those making remote appearances.
Advocacy groups and members of the bar will no doubt make their own assessments about Witcher stepping down from the bench. Some will think it’s a way of sweeping his bias claims under the rug; others will conclude that the judge may have had his own demons to deal with.
The state Division on Civil Rights said last week that its separate probe of the practices of the Millville court, as well as whether or not Witcher was subject to unlawful retaliation, was ongoing. The division should see its investigation through, since it can be a more independent roadmap as to whether or not additional reforms are warranted.