Judge who allowed secretary to work remotely didn't violate ethics rules, state supreme court says
The New Jersey Supreme Court has tossed a pending ethics complaint against a judge who sometimes allowed his secretary to work remotely in violation of office policy. (Image from Shutterstock)
The New Jersey Supreme Court has tossed a pending ethics complaint against a judge who sometimes allowed his secretary to work remotely in violation of office policy.
The New Jersey Supreme Court found no ethics violations by New Jersey Judge Douglas H. Hurd in an Oct. 16 order, report Law360 and Law.com. Hurd is civil presiding judge in the Mercer vicinage in Trenton, New Jersey.
It is rare for the New Jersey Supreme Court to dismiss a disciplinary case before a ruling by the New Jersey Advisory Committee on Judicial Conduct, sources told Law.com.
New Jersey courts were working remotely during the COVID-19 pandemic. When in-person operations resumed, a new policy allowed remote work for one and then two days per week. But the new policy did not apply to judges, secretaries of judges, and judicial law clerks, according to the Jan. 30 ethics complaint.
Despite the requirement for in-office work, Hurd’s secretary was allowed to work remotely “on a periodic basis” for about six months in 2022, the ethics complaint said.
Hurd thought that he had discretion to allow remote work in light of the secretary’s “incredible work ethic,” according to an amended answer to the ethics complaint.
The secretary worked remotely about three to six days per month during a five- to six-month period. Hurd immediately ended his approval for remote work when he was advised that he didn’t have the discretion to allow it.
Hurd declined to comment on the dismissal of the complaint when Law360 contacted a representative.
Law.com spoke with lawyers who were relieved to hear that the ethics complaint was tossed.
Michael Donahue, managing shareholder of Stark & Stark in Hamilton, New Jersey, told Law.com that Hurd had “an unblemished reputation.” While the complaint was pending, Hurd “kept his head up and the vicinage running,” Donahue said.
“I am incredibly relieved and gratified to hear the news that the New Jersey Supreme Court has seen the right side of this issue,” Donahue said.
A new policy adopted after the ethics complaint was filed allows law clerks and secretaries to work remotely up to four days per month with judicial approval, according to Law.com.
