STATE v. McCABE

A-88 September Term 2008

987 A.2d 567 (2010)

201 N.J. 34

STATE of New Jersey, Plaintiff-Respondent, v. Terence McCABE, Defendant-Appellant.

Supreme Court of New Jersey.

Decided January 25, 2010.


Attorney(s) appearing for the Case

Alan S. Albin, argued the cause for appellant.

Erin Smith Wisloff, Assistant Prosecutor, argued the cause for respondent (Robert A. Bianchi, Morris County Prosecutor, Attorney).


Chief Justice RABNER delivered the opinion of the Court.

In this case, we revisit the issue of recusal in the context of part-time municipal court judges who are permitted to practice law subject to certain restrictions. We are asked to decide whether a municipal court judge must recuse himself when the judge and the defense attorney are adversaries in an unrelated, pending probate case that has been dormant for two years.

The question raises concerns about...

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