“Recognizing litigation around cannabis and the risks of judiciary staff or a judge, or having an interest in operators or any other way compromises impartiality.”
By Sophie Nieto-Munoz, New Jersey Monitor
New Jersey court employees are no longer allowed to work in the cannabis medical or recreational industry.
Chief Justice Stuart Rabner approved an amendment last week to Canon 5, which deals outside employment of judicial employees. It exists to prevent impropriety or conflicts of interest.
This change prohibits employment in the cannabis sector for employees of the judiciary, just as it does for those who work in casinos or bars that serve alcohol. The decision was made about a month after a New Jersey Supreme Court advisory panel said that lawyers could use cannabis regulated and work in cannabis industry.
Joshua Bauchner, an attorney in Woodland Park, said that he believed the change was “warranted for better or worse.”
He listed dozens of lawsuits that have been filed since the voters of 2020 approved marijuana legalization. Bauchner explained that the majority of litigation is centered around home rule. Plaintiffs are challenging municipalities who have banned the sale or cultivation marijuana within their borders. He has worked in Middle Township, Eatontown and other towns on these cases.
He said that “Recognizing litigation around cannabis and the risks of judiciary staff or a judge, or having any other interest as operators is obviously compromising partiality.” “I believe that [Rabner] is aware of that and wants to make sure that there was no appearance of propriety when it comes to all of this litigation.”
He said some state courts may be cautious due to criticisms directed at the U.S. Supreme Court. Supreme Court Justice Clarence Thomas has been accused of accepting gifts from billionaire buddies that were not disclosed.
Bauchner stated, “I believe there are bigger political questions today, and I think that is why Justice Rabner felt it was important to do this. He wants to make sure the judiciary is respected.”
The original publication of this story was by New Jersey Monitor.
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