# No laughing matter - N.J.'s high court rules part time judge can't moonlight as comic. **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [September 20, 2013, 2:57pm UTC](https://boards.straightdope.com/t/no-laughing-matter-n-j-s-high-court-rules-part-time-judge-cant-moonlight-as-comic/669311 "2013-09-20T14:57:19Z")\ **Posts on this page:** 14\ **Page:** 1
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [September 20, 2013, 2:57pm UTC](https://boards.straightdope.com/t/no-laughing-matter-n-j-s-high-court-rules-part-time-judge-cant-moonlight-as-comic/669311/1 "2013-09-20T14:57:19Z")
I get the impression this guy’s primary job is a working comic. He’s in SAG and appeared on ABC _What Would You Do_. His comic work is under a stage name. I’m very surprised NJ’s high court ruled that a perfectly legal and respected craft somehow disqualifies someone from being a part time traffic court judge. Nothing in the article implies he ever cracked jokes in the courtroom. I guess NJ would impeach Al Franken then? Just imagine the impropriety of a member of SAG and a former SNL cast member representing NJ in congress. 😛 I guess theres no appealing this injustice to SCOTUS? He’s just S.O.L? > **[No joke: N.J.’s high court rules judge moonlighting as comedian can’t do both](https://www.nydailynews.com/2013/09/19/no-joke-njs-high-court-rules-judge-moonlighting-as-comedian-cant-do-both/)** > > NEWARK, N.J. — This one-liner probably won’t make it into Vince Sicari’s standup act. New Jersey’s Supreme Court on Thursday ordered Sicari, a part-time municipal judge, to … > [@](#): > > A state ethics board recommended in 2008 that Sicari quit his comedy work, expressing concern over his character depictions on the ABC reality show and the potential content of his sketches. > > Sicari appealed the ruling to the state’s highest court, which heard arguments in February. > > Sicari’s attorney, E. Drew Britcher, insisted at the time that his client never cracked wise on the bench and never let on that he moonlighted as a comic. In his comedy routine, Britcher added, Sicari refrained from jokes about the legal profession and never divulged his judicial job. > > An attorney for the state attorney general’s office, Kim D. Ringler, argued against Sicari being allowed to hold both jobs, saying municipal judges represent the most frequent contact the public has with the justice system. Some of the characters Sicari has depicted could confuse the public and reflect badly on the judiciary, she argued. > > Sicari, who is a member of the Screen Actors Guild and other professional performers’ unions, has said his entertainment work entitles him to health benefits and earns him more than his $13,000-a-year part-time judge salary. > > He said during the Supreme Court arguments in February that he was equally passionate about both his jobs. ---
**Author:** ![Jimmy\_Chitwood](https://avatars.discourse-cdn.com/v4/letter/j/f475e1/32.png) [@Jimmy\_Chitwood](https://boards.straightdope.com/u/Jimmy_Chitwood)\ **Post date:** [September 20, 2013, 3:05pm UTC](https://boards.straightdope.com/t/no-laughing-matter-n-j-s-high-court-rules-part-time-judge-cant-moonlight-as-comic/669311/2 "2013-09-20T15:05:19Z")
“Somehow disqualifies” [meaning](http://www.nytimes.com/2013/09/20/nyregion/judge-resigns-when-told-he-cant-also-be-a-comic.html?_r=0): > [@](#): > > Several justices questioned whether the public could separate Mr. Sicari’s position as a judge from roles he has played on the ABC hidden camera show “What Would You Do?” in which he has portrayed homophobic and racist characters. That quandary played a central role in the ruling on Thursday, as the justices noted that someone tuning into the show might not know that actors were used in the sketches. They applied the same standard for Mr. Sicari’s stand-up performances. > > “In the course of his routines, Sicari has demeaned certain people based on national origin and religion and has revealed his political leanings,” according to the court’s opinion. “The court cannot ignore the distinct possibility that a person who has heard a routine founded on humor disparaging certain ethnic groups and religions will not be able to readily accept that the judge before whom he or she appears can maintain the objectivity and impartiality that must govern all municipal court proceedings.” ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [September 20, 2013, 3:25pm UTC](https://boards.straightdope.com/t/no-laughing-matter-n-j-s-high-court-rules-part-time-judge-cant-moonlight-as-comic/669311/3 "2013-09-20T15:25:39Z")
That identical argument could be made for any number of professions. Doctors, accountants, police officer, or even a psychiatrist. Is Dr Phil (a psychologist) somehow an unethical embarrassment to his profession? Maye Dr. Oz should turn in his medical license. That’s the problem. There’s nothing special about being a traffic court judge. It’s a job just like any job. All he’s doing is ruling on mundane stuff like speeding tickets. I would agree a higher standard applies to family court judges and criminal judges. They rule on more serious cases with potential long term prison sentences. ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [September 20, 2013, 3:36pm UTC](https://boards.straightdope.com/t/no-laughing-matter-n-j-s-high-court-rules-part-time-judge-cant-moonlight-as-comic/669311/4 "2013-09-20T15:36:22Z")
> [@aceplace57](#): > > That identical argument could be made for any number of professions. Doctors, accountants, police officer, or even a psychiatrist. Is Dr Phil (a psychologist) somehow an unethical embarrassment to his profession? Maye Dr. Oz should turn in his medical license. > > That’s the problem. There’s nothing special about being a traffic court judge. It’s a job just like any job. All he’s doing is ruling on mundane stuff like speeding tickets. > . Except for one thing- if I think my doctor or accountant is biased against me becasue of my religion or ethnic group, I can choose to go elsewhere. I don’t get to choose which officer pulls me over or which judge hears my case in traffic court - and if I’ve seen that judge demean people of my ethnicity in a stand- up routine, I may not feel all that comfortable that he found me guilty on the merits rather than my ethnicity. You’ll notice no one said he couldn’t practice law along with being a comic - only that he couldn’t be a judge. ---
**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\ **Post date:** [September 20, 2013, 3:45pm UTC](https://boards.straightdope.com/t/no-laughing-matter-n-j-s-high-court-rules-part-time-judge-cant-moonlight-as-comic/669311/5 "2013-09-20T15:45:53Z")
This ruling strikes me as ridiculous; the “logic” followed is unbelievably short-sighted and seems tailored to reach a desired conclusion. For instance, the same “logic” would likely prevent someone from being a judge if they had a twin who was a stand-up comic who made ethnic and political jokes. Also, the court ruling makes it clear that when he is performing, Mr. Sicari is acting. How is portraying a fictional character or a fictional viewpoint evidence of possible bias? This ruling and the reasoning behind it seem deeply flawed to me. ---
**Author:** ![lavenderviolet](https://avatars.discourse-cdn.com/v4/letter/l/cdc98d/32.png) [@lavenderviolet](https://boards.straightdope.com/u/lavenderviolet)\ **Post date:** [September 20, 2013, 4:01pm UTC](https://boards.straightdope.com/t/no-laughing-matter-n-j-s-high-court-rules-part-time-judge-cant-moonlight-as-comic/669311/6 "2013-09-20T16:01:11Z")
> [@aceplace57](#): > > Doctors, accountants, police officer, or even a psychiatrist. Is Dr Phil (a psychologist) somehow an unethical embarrassment to his profession? Maye Dr. Oz should turn in his medical license. My understanding is that Dr. Phil stopped practicing as a psychologist before his show. Not sure about Dr. Oz, but some of the advice he gives on his show is pretty new agey and out there from what I’ve read. Also, psychiatrists are in fact doctors, for the record. Psychiatry is a specialty of medicine just like cardiology is. 🙂 ---
**Author:** ![Uber\_the\_Goober](https://avatars.discourse-cdn.com/v4/letter/u/58956e/32.png) [@Uber\_the\_Goober](https://boards.straightdope.com/u/Uber_the_Goober)\ **Post date:** [September 20, 2013, 6:27pm UTC](https://boards.straightdope.com/t/no-laughing-matter-n-j-s-high-court-rules-part-time-judge-cant-moonlight-as-comic/669311/7 "2013-09-20T18:27:27Z")
> [@doreen](#): > > Except for one thing- if I think my doctor or accountant is biased against me becasue of my religion or ethnic group, I can choose to go elsewhere. I don’t get to choose which officer pulls me over or which judge hears my case in traffic court - and if I’ve seen that judge demean people of my ethnicity in a stand- up routine, I may not feel all that comfortable that he found me guilty on the merits rather than my ethnicity. You’ll notice no one said he couldn’t practice law along with being a comic - only that he couldn’t be a judge. So all judges nationwide are supposed to make sure nobody ever hears anything remotely political come out of their mouth, or witness them in public acting in a way that might be construed as biased, or know of their personal opinions? Where does the line get drawn? ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [September 20, 2013, 6:40pm UTC](https://boards.straightdope.com/t/no-laughing-matter-n-j-s-high-court-rules-part-time-judge-cant-moonlight-as-comic/669311/8 "2013-09-20T18:40:10Z")
> [@Uber\_the\_Goober](#): > > So all judges nationwide are supposed to make sure nobody ever hears anything remotely political come out of their mouth, or witness them in public acting in a way that might be construed as biased, or know of their personal opinions? > > Where does the line get drawn? This is legally akin to a police agency limiting off duty employment to approved jobs, which is legal. This is from the opinion; IV. This case presents the first opportunity for this Court to address whether the appearances by a sitting municipal court judge in comedy clubs, commercial videos, and regular television appearances contravene the Code of Judicial Conduct, specifically Canon 5. We have had the occasion to review a 16 situation where a sitting municipal court judge made regular appearances on commercial television programs to discuss cases pending in other jurisdictions. In re Broadbelt, 146 N.J. 501, 505 (1996), cert. denied, 520 U.S. 1118, 117 S. Ct. 1281, 137 L. Ed. 2d 332 (1997). In that case, we determined that the appearance violated Canon 3A(8) – prohibiting comment about pending or impending matters in any court – and Canon 2B – directing judges to avoid impropriety and the appearance of impropriety in all activities. Id. at 511, 512. Addressing the possibility that other judges might be invited to appear on a televised program, this Court noted that it could not envision every circumstance in which an appearance might occur and suggested that a limited appearance on public television might be consistent with the canons. Id. at 515. We stated: Not every television appearance by a judge on commercial television will be improper, or will create the appearance of impropriety. For example, it might be permissible for a municipal court judge to make an isolated appearance on public television to comment on the role of municipal court judges in the judiciary. Similarly, a one-time appearance by a Superior Court judge on a commercial television program dealing with the benefits and disadvantages of televising civil trials might be permissible. However, a judge’s regular weekly appearance on a television program, whether the program was commercial or non-commercial, to comment on recent court decisions in New Jersey clearly would be improper. ---
**Author:** ![Happy\_Fun\_Ball](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/happy_fun_ball/32/17664_2.png) [@Happy\_Fun\_Ball](https://boards.straightdope.com/u/Happy_Fun_Ball)\ **Post date:** [September 20, 2013, 6:48pm UTC](https://boards.straightdope.com/t/no-laughing-matter-n-j-s-high-court-rules-part-time-judge-cant-moonlight-as-comic/669311/9 "2013-09-20T18:48:37Z")
I think Justice Scalia may be biased, I saw him on TV demeaning people of different religious backgrounds and political leanings. How can I be sure he is objective in his rulings? ---
**Author:** ![cochrane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cochrane/32/10441_2.png) [@cochrane](https://boards.straightdope.com/u/cochrane)\ **Post date:** [September 20, 2013, 7:09pm UTC](https://boards.straightdope.com/t/no-laughing-matter-n-j-s-high-court-rules-part-time-judge-cant-moonlight-as-comic/669311/10 "2013-09-20T19:09:09Z")
They all laughed when I told them I was going to be a standup comic. Well, nobody’s laughing now! > [@aceplace57](#): > > I guess NJ would impeach Al Franken then? Just imagine the impropriety of a member of SAG and a former SNL cast member representing NJ in congress. 😛 Al Franken is a Senator from Minnesota. ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [September 20, 2013, 7:49pm UTC](https://boards.straightdope.com/t/no-laughing-matter-n-j-s-high-court-rules-part-time-judge-cant-moonlight-as-comic/669311/11 "2013-09-20T19:49:50Z")
> [@Uber\_the\_Goober](#): > > So all judges nationwide are supposed to make sure nobody ever hears anything remotely political come out of their mouth, or witness them in public acting in a way that might be construed as biased, or know of their personal opinions? > > Where does the line get drawn? As far as I can tell, the line is drawn between a public setting and a private one. There is a difference between a judge making a comment to a friend ( even if it is is overheard) and one making that same comment in a club, newspaper column, television interview , etc. Two differnces, actually. One is that if I am a judge, I will have to recuse myself from my friend’s case regardless of any comment I made. The second is that many more people will exposed to the comment made in the club or newspaper or on TV. causing a much bigger practical problem. ``` Look around- when you see active judges ( not retired ones) interviewed on TV or in other media, it's a biographical type of interview, not an interview regarding the judge's opinions of court decisions or his political views or how she would rule in a hypothetical case. Some judges in my state are elected- and their campaign literature consists of their family status and education and work history. Nothing that would give me a hint about the candidate's beliefs. ``` Oh, and there are plenty of government entities that require approval of outside employment. It’s not just judges. ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [September 20, 2013, 8:30pm UTC](https://boards.straightdope.com/t/no-laughing-matter-n-j-s-high-court-rules-part-time-judge-cant-moonlight-as-comic/669311/12 "2013-09-20T20:30:55Z")
What makes all this … well … laughable is that New Jersey does permit part-time judges to work as lawyers, which Sicari [did](http://www.news-sentinel.com/apps/pbcs.dll/article?AID=/20130920/ENT/130929985/1009/LIVING). Somehow, it’s OK for him to represent particular clients, argue legal positions over disputed issues, and generally take sides in pending cases, and none of that raises a concern about the appearance of his objectivity like telling jokes does. ---
**Author:** ![Flywheel](https://avatars.discourse-cdn.com/v4/letter/f/eb8c5e/32.png) [@Flywheel](https://boards.straightdope.com/u/Flywheel)\ **Post date:** [September 20, 2013, 9:02pm UTC](https://boards.straightdope.com/t/no-laughing-matter-n-j-s-high-court-rules-part-time-judge-cant-moonlight-as-comic/669311/13 "2013-09-20T21:02:35Z")
That reminds me of something funny a client of mine allegedly [said!](http://www.theonion.com/articles/that-reminds-me-of-something-funny-a-client-of-min,11123/) ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [September 21, 2013, 3:31am UTC](https://boards.straightdope.com/t/no-laughing-matter-n-j-s-high-court-rules-part-time-judge-cant-moonlight-as-comic/669311/14 "2013-09-21T03:31:01Z")
> [@cochrane](#): > > Al Franken is a Senator from Minnesota. That’s why it was given as a hypothetical. New Jersey could only impeach their own senators, after all.