Judge Maritza Berdote Byrne, who is under consideration for a seat on the New Jersey Supreme Court, has been temporarily elevated to the appellate court, a move that increases minority representation at the highest levels of the state judiciary and brandishes her judicial bonafides.
Chief Justice Stuart Rabner assigned the Cuba-born Berdote Byrne to the appellate division from March 14 through May 23, in addition to her current assignment as the presiding General Equity judge in Morris County.
The New Jersey Globe first reported last month that Berdote Byrne is being vetted to replace Justice Faustino Fernandez-Vina, who will reach the mandatory retirement age of 70 in six days.
Union County Assignment Judge Lisa Miralles Walsh is also on a short list for the top court.
Fernandez-Vina, commonly known as Fuzzy, is a Republican, and Gov. Phil Murphy willing to keep the partisan balance of the court intact if State Sen. Holly Schepisi (R-River Vale) signs off on his other nominee, Rachel Wainer Apter. Wainer Apter was originally nominated to succeed Justice Jaynee LaVecchia 331 days ago.
Berdote Byrne and Miralles Walsh are Republicans and either would become the first Latina state Supreme Court Justices. Other names are also under consideration, the New Jersey Globe as learned.
Murphy won’t necessarily appoint a woman – if he does, and if Wainer Apter is confirmed, New Jersey would have more women than men on the state’s highest court – but he is expected to ensure that the Supreme Court will not be without a Hispanic justice.
Murphy will get another Supreme Court pick when Justice Barry Albin turns 70 on July 7. Unless there is an unexpected retirement, Albin, who has served on the Court for 19 years, could become the final Democratic seat for Murphy to fill.
Murphy is not expected to nominate a replacement for Fernandez-Vina before his retirement next Tuesday.
Because of the vacancy created LaVecchia’s retirement, Rabner has temporarily assigned Jose L. Fuentes, the senior appellate division presiding judge, to serve on the Supreme Court.
After February 15, Rabner will need to elevate another acting justice to replace Fernandez-Vina until the Senate confirms his successor.
Next in line for the post is Clarkson S. Fisher, Jr., who is the most senior appellate presiding judge after Fuentes.
Fisher, the son of the late U.S. District Court Chief Judge (and former Republican assemblyman) Clarkson Fisher, turns 70 on November 29.
If Wainer Apter is confirmed before Fernandez-Vina’s successor, Fuentes would likely remain as a temporary replacement for a second seat.
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