Opinion
D-90 September Term 2021 086520
10-06-2022
In the MATTER OF Arthur BERGMAN, a Judge of the Superior Court
ORDER The Advisory Committee on Judicial Conduct having filed with the Court pursuant to Rule 2:15-15(a), a Presentment finding by clear and convincing evidence that Arthur Bergman, while a Judge of the Superior Court, violated the following Canons and Rules of the Code of Judicial Conduct: Canon 1, Rule 1.1 (a judge shall participate in establishing, maintaining and enforcing, and shall observe high standards of conduct so the integrity, impartiality and independence of the judiciary is preserved); Canon 2, Rule 2.1 (a judge shall act at all times in a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary and shall avoid impropriety and the appearance of impropriety); and Canon 3, Rule 3.6 (C) (in the performance of judicial duties, a judge shall not manifest by words or conduct any bias or prejudice, or engage in harassment) and Rule 3.8 (a judge shall not initiate or consider an ex parte or other communication concerning a pending or impending proceeding);
And the Committee having found that the record before it did not support by clear and convincing evidence the charges of violation of Canon 1, Rule 1.1 and Canon 2, Rule 2.1 of the Code set forth in Count I of the Formal Complaint, and having recommended to the Court that the charges in Count I be dismissed;
And the Committee having recommended to the Court based on its findings in the Presentment that Arthur Bergman be publicly reprimanded; And the Court having ordered pursuant to Rule 2:15-17 (b) (2) that Arthur Bergman show cause why he should not be disciplined with a sanction that is less than removal from judicial office;
And the Court having heard the arguments of counsel on the Order to Show Cause and respondent's motion to dismiss the Presentment (M-722-21);
And the Court this date having denied respondent's motion to dismiss the Presentment;
And the Court having found that the record before it does not support by clear and convincing evidence the charges of violation of Canon 1, Rule 1.1, Canon 2, Rule 2.1, and Canon 3, Rule 3.6 (C) of the Code set forth in Count III of the Formal Complaint, and having determined to dismiss the charges in Count III;
And the Court having found that the record supports by clear and convincing evidence the charges in Count II of the Formal Complaint that respondent violated Canon 1, Rule 1.1, Canon 2, Rule 2.1, and Canon 3, Rule 3.8 of the Code;
And good cause appearing;
It is ORDERED that the charges in Count I and Count III of the Formal Complaint be and hereby are dismissed; and it is further
ORDERED that the findings as to Count II and the disciplinary recommendation of the Advisory Committee on Judicial Conduct are adopted and Arthur Bergman, a Judge of the Superior Court, is hereby publicly reprimanded.