It has been the practice of Chief Justice Stuart Rabner to temporarily assign judges to the state appellate court as a sort of audition before making the promotion permanent, with 28 of the 29 judges having been elevated in that manner.
The lone exception is Jeffrey Jablonski, who was elevated directly to the appellate court without a tryout in November after acknowledging that he was involved in a romantic relationship with a court staffer who reports directly to him.
Now, the judiciary is deftly sidestepping questions about Jablonski’s qualifications and an explanation as to why Rabner allowed him to skip the trial period that every other appellate judge went through. They declined to answer questions about Jablonski’s appellate court experience in private practice before joining the bench in 2013.
A court spokeswoman, MaryAnn Spoto, did not respond to questions about Jablonski’s experience, including arguing cases in appellate court or writing appellate briefs.
Instead, Spoto reproduced his biography from a November press release. Jablonski had been the municipal public defender in Kearny before he was nominated a Superior Court Judge.
“The chief has been fairly steady in making sure appellate is a good fit for the court and the judge, so it’s fair to ask why (Jablonski) is the outlier,” a sitting judge who spoke on the condition of anonymity told the New Jersey Globe. “Not every judge works out in appellate. Sometimes, judges don’t like the assignment. It’s sort of a grass is always greener thing.”
Maureen Mantineo spent three months temporarily assigned to the appellate division in 2013, and Stephen Petrillo was temporarily assigned to appellate for two months in 2022.
After Jablonski acknowledged a personal relationship with a woman he had hired and promoted, Rabner chose to promote him and pay him a higher salary. Rabner could return Jablonski to a trial court judgeship in another vicinage.
Another court spokesman, Peter McAleer, has said Jablonski followed the rules by disclosing his relationship with an employee, but the judiciary has repeatedly refused to say when the two became involved and when it was reported. McAleer also said Jablonski never reported that his relationship was a sexual one.
Attorney Joe Fischetti, a frequent analyst of the New Jersey Judiciary and historian on social media, wrote in November that Jablonski would be the former assignment judge to move to the appellate division.
“It’s a rare leap to make,” Fischetti stated. “Most (assignment judges) retire in that role.”
Fischetti wrote that “most judges looking to attain higher judicial office in New Jersey view Assignment Judge or Appellate Division as two different tracks.”
“A lot of trial court judges view sitting in an office poring over briefs as a rather monastic and undesirable life,” he explained.
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