State investigating Millville judge's claims of discriminatory judicial practices

MILLVILLE — The city’s Municipal Court judge claims his court unfairly requires defendants with Latino-sounding surnames to appear in person, without the option of having their cases heard virtually.

Municipal Judge Jason Witcher aired his concerns Dec. 5 in his courtroom, saying he was alarmed after many of the Spanish-speaking defendants or those with Latino last names reported that they were not given the option to appear virtually and had to show up in his courtroom in person.

Witcher’s remarks were part of the court record that morning, an audio copy of which The Press obtained.

In his session, Witcher called the situation “the most discriminatory event I have ever been a part of in my entire career.”

State court officials say they are now reviewing the court after the judge’s allegations.

Witcher, 50, wouldn’t discuss the matter further when contacted Monday. He told a reporter he may never sit as a judge on the bench again but that ensuring the legal system is fair was worth the risk.

“Whether I continue as a judge or not as a result of this, I (would) still do what I did again because it was the right thing to do,” Witcher said.

City Commissioner Charles Kirk Hewitt, who is director of Public Safety, could not immediately be reached for comment Monday.

Mondays are set aside for in-person appearances in the city’s Municipal Court, while Wednesday sessions are done through online appearances, according to the city’s website.

Court Administrator Kimberly Hamlyn could not be reached for comment Monday.

Witcher’s remarks were made on a Monday, a day in which people would have been required to appear in person. The judge is heard asking multiple Spanish-speaking defendants, or those with Latino surnames, whether they were given the option of appearing online. Several responded by saying they had no choice but to be in his courtroom.

During one interaction, Witcher spoke to a defendant through the interpreter.

“Did you request to be in court today in the courtroom?” Witcher asked.

“They’ve postponed me twice before,” said the defendant through an interpreter. “This is the third time that I got a court date.”

“Did anybody ask you if you prefer to be on video or if you wanted to come in court?” Witcher asked.

“They told me it was only in person,” the defendant replied through the interpreter.

“Did anybody tell you why?” Witcher asked.

“Yes, because of the tickets,” the defendant answered through an interpreter.

Witcher could be heard apologizing repeatedly to defendants.

“You should have had the opportunity to appear on video like everyone else,” he told one.

State court officials are aware of the allegations and are investigating their claims, state court spokesperson MaryAnn Spoto said.

Spoto said the state’s courts do not have any policy that would distinguish people by their surnames.

“We are not aware of this practice taking place in any other municipal court,” Spoto said.

She declined further comment, saying the issue is a personnel matter and that the courts do not comment on them.

Witcher also is the municipal judge in Bridgeton and Penns Grove, Salem County.

The Puerto Rican Action Committee of Southern New Jersey couldn’t be reached for comment Monday.

However, it told NJ.com that Witcher’s claims are “very disturbing” and commended the judge for pointing out an injustice he perceived happening in his courtroom.

“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 group’s CEO, and Jose Sanchez Sr., the group’s president, said in the statement provided to the news organization.

Virtual appearances have become a popular option for courtrooms during the COVID-19 pandemic. Even as restrictions have eased, courts have found the virtual appearances beneficial.

A recent state court report said the virtual option has boosted New Jersey’s appearance rate. Appearances by defendants arrested in 2020 improved “significantly,” exceeding 97% for the first time, court officials said Wednesday in releasing the report.

In October, New Jersey Supreme Court Chief Justice Stuart Rabner signed off an orderpermitting virtual appearances to continue for certain proceedings. Some more serious cases, such as those involving the possibility of jail, still require a defendant appear in person.