Ethics charges against N.J. judge for remote work issue are ‘a joke,’ colleagues say

Ethics charges against N.J. judge for remote work issue are ‘a joke,’ colleagues say

The Mercer County judge charged with violating court rules for allowing his secretary to work remotely when ineligible to do so said in a formal response that his decision was, “at best, an honest mistake.”

A state committee earlier this month accused Superior Court Judge Douglas H. Hurd of “abusing the power and prestige of his judicial office” for the benefit of his secretary, who he allowed to work remotely periodictically for five or six months in 2022.

Hurd has been on the bench in Mercer County since 2009, and was named the presiding civil court judge in 2012.

He previously told the investigatory committee – the Advisory Committee on Judicial Cond – he believed he had such authority and discretion, despite the state judiciary’s policy that governed remote work following the coronavirus pandemic, which was not extended to judges, judges’ secretaries, or judicial law clerks.

In his formal response, publicized Tuesday by the ACJC, Hurd flatly denied he abused his judicial power or failed to adhere to policy.

“Respectfully, if any misconduct is found it is, at best, an honest mistake as to the scope of his discretion as a manager in running his chambers,” Hurd’s response says.

He gave a detailed rebuttal, saying his secretary, who has worked with him since he was named to the Superior Court and is an “exemplary secretary” who is an asset to all judges and staffers, has trained other secretaries and has never had any prior discipline.

Coming out of the pandemic, Hurd said he allowed the remote situation in light of his secretary’s “incredible work-ethic” and the trust he has in her, and how remote work earlier in the pandemic by all staffers did not negatively impact court work.

His secretary moved out of New Jersey in late 2021 and successfully received an exemption from the state’s residency requirement.

The initial complaint said Hurd allowed his secretary to work remotely for five or six months, and his response says it was, “approximately 3 to 6 days in the course of a month.”

Hurd says he was in constant contact with her, and her work, including responding to an array of people, did not wane.

When Hurd was advised he did not have discretion to allow the remote work, he immediately ended the situation, the reply says.

Hurd them discussed himself in the reply, saying he’s displayed “openness, candor, truthfulness, and contrition in this process,” and there’s “no risk” such a situation will occur in the future.

The judge has a solid reputation in the judiciary; two local Mercer County lawyers expressed surprise privately when they learned from NJ Advance Media of the ACJC complaint against Hurd.

And Hurd’s response does do some professional bragging, describing how he’s reduced case backlogs, is the designated acting chief judge in Mercer County when needed, and handles, “one of the most complex, intense and large caseloads in the State.”

“Despite this type of caseload, [Hurd] handles all matters in a timely, professional and thorough manner,” and, “[Hurd] has had and continues to retain an excellent reputation as a Judge,” the reply says.

The judge says he, “considers it an honor to be a Judge and takes this position and its responsibilities very seriously,” and “would never lend the prestige of the office to advance the private interests of anyone.”

This week, the New Jersey Law Journal posted a story in which other lawyers questioned the ACJC allegations against Hurd as an overreach. One lawyer called it, “just silly.”

Also weighing in on the charges is former Mercer County Superior Court Judge Bill Mathesius, who is friendly with Hurd and was so stunned when he learned of the complaint, “I thought it was a prank, a joke, or a deepfake.”

Mathesius, now in private practice, is not known for holding his tongue, or pen, and himself was disciplined by the ACJC during his colorful, 2002 to 2009 tenure on the bench. He plans to write a comprehensive piece about Hurd and the charges, and distribute it to the state legal community.

Hurd’s reputation in that community is stellar, and statewide, “The word around the legal community for this is ‘outrage,’“ Mathesius said Tuesday.

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Kevin Shea may be reached at [email protected]

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