State v. Buckner
New Jersey Supreme Court
121 A.3d 290 (2015)
- Written by Jamie Milne, JD
Facts
New Jersey resident James Buckner (defendant) was charged with assault and robbery. Judge Salem Vincent Ahto was to preside over Buckner’s trial. Seventy-three-year-old Judge Ahto was a retired superior-court judge who had been recalled to temporary service. Buckner moved to disqualify Judge Ahto, arguing that the Judicial Article of the New Jersey Constitution precluded Ahto from presiding over the trial. The Judicial Article stated that “judges shall be retired” upon reaching 70 years of age. Judge Ahto denied the motion, relying on a state statute that allowed retired judges to be recalled to temporary service. Judge Ahto rejected Buckner’s argument that the recall statute violated the constitution. A jury convicted Buckner. The appellate division affirmed, and Buckner appealed to the New Jersey Supreme Court, continuing to contest the constitutionality of the recall statute.
Rule of Law
Issue
Holding and Reasoning (Rabner, C.J.)
Dissent (Albin, J.)
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