A New Jersey municipal court judge said he was threatened with removal from the bench this week after alleging Latino defendants in his Cumberland County courtroom were being required to come to court for hearings while others were given the option of virtual appearances.
Millville municipal court Judge Jason Witcher said he began seeing the alleged discrimination in October and, after trying to resolve the issue with court administrators behind the scenes, called it out in open court on Monday morning.
Witcher questioned defendants in court for motor vehicle and other relatively minor offenses whether they were given the option of attending their hearings remotely by video or by phone. After most Latino defendants said no, the judge said the court session was the most discriminatory event I have ever been a part of in my entire career.
Speaking to NJ Advance Media on Thursday, Witcher said he grew concerned months ago that the list of cases he heard in his in-person court sessions in Millville were largely Spanish-speaking defendants and those with Latino-sounding surnames. Meanwhile, the virtual sessions he presided over were mostly non-Latino defendants.
I was irate at what I was seeing, the 50-year-old judge said. I was irate about what I was continuing to see in terms of the disparate treatment between everyone and the (Spanish)-speaking people.
Interpreters are available for both in-person and virtual sessions, meaning all participants have the ability to take part in online hearings, as required by state law.
After calling out what he believes is a pattern of discrimination in the scheduling of cases in court on Monday, Witcher said was threatened with removal from the bench on an unrelated issue by the assignment judge who oversees the court.
Assignment Judge Benjamin Telsey who oversees all court operations in Cumberland, Salem and Gloucester counties referred questions to the New Jersey Judiciary communications office in Trenton.
Millville court administrator Kimberly Hamlyn, whose staff oversees scheduling court hearings, also referred questions to state judiciary officials.
A spokeswoman for the judiciary said state officials were notified of the discrimination allegations in Millville.
We were recently made aware of this and are looking into it, said MaryAnn Spoto, communications manager with the New Jersey Judiciary in Trenton.
Spoto said municipal court staff members are responsible for notifying defendants of their options when they are called to appear at a court hearing.
Municipal courts in New Jersey have largely operated virtually since the start of the coronavirus pandemic, with judiciary officials finding that Zoom and phone-in appearances were preferable for many participants. Attending court sessions virtually meant many wouldnt have to take a day off from work or make childcare arrangements in order to show up.
More complex cases still require in-person appearances.
After COVID precautions were eased in the courts, many municipal courtrooms continued to use a mix of virtual and in-person court days. Thats when Witcher said he began to notice the alleged issue in his courtroom.
In Millville, in-person sessions are held on Mondays and virtual court is reserved for Wednesdays.
At Mondays court session, Witcher asked defendants one by one if they were made aware of their option to appear at a virtual hearing instead of traveling to the courtroom, according to a recording of the session obtained by NJ Advance Media.
Many of the defendants with Latino-sounding last names and those who spoke in court with a Spanish-speaking interpreter said they were not informed of the virtual option. The cases heard Monday in Witchers courtroom included defendants issued tickets for failing to present documents during traffic stops, driving while suspended or careless driving.
Some defendants said they preferred to appear in person, but most indicated they would rather have attended their hearings virtually.
When one man confirmed he was not made aware of the virtual option, Witcher said, Someone just assumed you needed to come to court because you speak Spanish?
Si, the man responded.
One man told the judge he informed the court that he needed an interpreter.
They didnt tell you you could have an interpreter on the phone? Witcher asked.
No, the man responded.
A mother told the judge she was notified she had to appear in court in person for not having a drivers license in her possession during a traffic stop.
I sincerely apologize for the inconvenience, Witcher told her. You should have had the opportunity to appear on video like everyone else.
A Latino man told the judge he traveled from Atlantic City for his appearance.
You should have had the right to be on video like everybody else, Witcher told him. You should have been treated like everyone else.
A few non-Latino defendants questioned by the judge said they were told they had the option to appear in court virtually, but chose to come to court in person.
Witcher, who has served as a municipal court judge for more than 12 years, said he began noticing months ago that he had few Spanish speakers in his virtual hearings, while the in-person docket was filled with Latino-sounding surnames.
I raised that issue because it seemed like something was wrong with the way things had been scheduled, he said Thursday.
He said he brought the issue to Hamlyn, the Millville court administrator. She told the judge the scheduling must have been a coincidence and denied any discrimination, he said.
During another court session, he said he noticed the same issue with scheduling.
He said he later called for a meeting with Hamlyn and others and went through each case from the days docket to ask why they were directed to appear in person.
Hamlyn told him her staff had done the scheduling and she did not know the details, he claimed.
Witcher, who also presides over municipal courts in Bridgeton, Penns Grove and the combined Pennsville/Carneys Point court, said he told Hamlyn to contact her counterpart in Bridgeton municipal court and follow their procedures for scheduling.
After seeing that nothing had changed in Millville, Witcher said he decided to put his concerns on the record in court on Monday.
At the end of the morning session, before the court paused for lunch, Witcher said he was going to make a statement.
Just for purposes of the record, that is on record , the judge said before declaring the court session was the most discriminatory event hed seen in his career.
The recording provided to NJ Advance Media by court officials ended at that point and resumed with the start of the afternoon session.
But, Witcher said his statement continued for several more minutes. He said he is unsure why it was not included on the recording of the session.
Part of my statement was, not only was this the most discriminatory proceeding I had ever been a part of or seen, I was partially embarrassed and ashamed to have presided over it. I hope that people dont think this represents the judicial system as a whole. I dont think that it does, the judge said.
Everyone should have equal access to the courts, Witcher said.
To deny these individuals, because they have traditional Spanish surnames, the same access of other people is a gross violation. It turned my stomach to see it, he said.
When asked why the court recording did not include Witchers full statement on the alleged discrimination, Hamlyn, the court administrator, said the audio disc provided contained the entire recording of the days proceedings.
After the Monday session, Witcher said he received an email from Telsey, the assignment judge, threatening to remove him from the bench regarding an unrelated compliance issue.
That issue, according to Witcher, involves a medical accommodation he sought under the Americans with Disabilities Act to appear virtually for virtual court sessions, as opposed to being required to appear for those sessions in the courtroom itself, as is currently required for judges.
At the end of the email, Telsy referenced the discrimination allegations in Millville, he said.
He blames me for the discrimination and not being involved in overseeing my court, Witcher said, adding that he responded to that email detailing the steps he had taken.
I took every step that I thought was appropriate, Witcher said. To accuse me of not supervising my court and allowing this to occur is outrageous.
Witcher claimed the email was an attempt to intimidate him for speaking up about the alleged discrimination against Latino defendants.
Witcher noted judges dont handle scheduling. We dont schedule cases. We just adjudicate them. Because I pay a lot of attention to my court, I picked up on it, he said.
The Puerto Rican Action Committee of Southern New Jersey issued a statement Thursday calling the allegations over Millville court operations very disturbing.
When you have a municipal court judge making a statement such as the one that he made that what he observed was discriminatory in nature apparently towards Latinos is disappointing, Ralph Padilla, the groups CEO, and Jose Sanchez Sr., the groups president said in the statement.
We commend Judge Witcher for his courage to call out what appears to be injustice at this court in the scheduling and handling of Latino defendants on motor vehicle or minor offenses, the statement said.
The group called on the state and federal civil rights divisions to launch investigations into the matter.
It is unclear if there are other allegations of similar discrimination in other New Jersey courtrooms.
Witcher said he put his concern on the record because he feared a coverup.
Because it did occur and it might be occurring in other courts, I felt that it was necessary and incumbent upon me as an officer of the court, as a judge and as someone committed to justice, to disclose at my own peril, he said.
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Matt Gray may be reached at mgray@njadvancemedia.com.