Retirement of longtime NJ judge in Passaic County puts attention on judicial shortage

PATERSON — Judge Thomas Brogan, who handled a motley of cases that include everything from election issues to housing disputes to a juicy sex scandal, has retired from the bench.

The complex and varied nature of the job has left His Honor feeling more than satisfied.

But as he also noted, the role of judge in the modern era demands an “endless amount” of work. “You’re not going to get to everything on your plate,” he said Thursday. “But you got to try.”

It is good advice for mortal men and women far and wide, and it puts into sharp focus a serious problem in the New Jersey court system: There are not enough judges.

With Brogan’s retirement, the Passaic County vicinage of state Superior Court has eight openings. He estimated that there are 4,500 cases pending in the civil division alone.

Judge Thomas Brogan in state Superior Court in Paterson in August 2011.
Judge Thomas Brogan in state Superior Court in Paterson in August 2011.

The number of landlord-tenant cases and small-claims cases — those that are typically resolved within a few months — is in the tens of thousands, he said.

“Quite frankly,” Brogan said, “a lot of people don’t understand the value of morale in an industry where you’re a public servant.”

Brogan, of Clifton, is retiring due to a provision in the state constitution that caps the age of judges at 70. His birthday is next week.

He was appointed in June 2000 by then-Gov. Christine Todd Whitman. He was assigned to preside over the civil division in March 2004.

Before his judgeship, Brogan was a partner at a personal injury law firm.

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He said he has tried to emulate his father, the late William Brogan, who planted a seed in him to practice law. He was an attorney and a city councilman in Clifton.

“A good judge is like a referee in a basketball game,” Brogan said.

“You don’t insert your opinion or your philosophy,” he added. “We don’t guarantee results — we just guarantee fairness, and we guarantee that you’ll have your day in court. That’s why the system is so good.”

In one of his more recent high-profile rulings, Brogan decided in favor of a Paterson councilman whose candidacy for mayor was questioned.

The case, which Brogan decided in April 2022, centered on the validity of nominating petitions that council Vice President Alex Méndez, of the 3rd Ward, submitted to put his name on the May ballot. The ruling was appealed by the camp of Mayor André Sayegh, who won the election anyway.

Brogan listens to testimony at a court hearing in April 2013.
Brogan listens to testimony at a court hearing in April 2013.

But it was a June 2009 case that garnered national attention.

A ruling handed down by Brogan blocked, at least temporarily, a secret sex tape that was made of TV personality Danielle Staub of “The Real Housewives of New Jersey” and a jilted lover, who had told a tabloid that he would sell the footage. The reality star sued him, alleging defamation and invasion of privacy.

Brogan said he does not have a plan for retirement, but that he would consider a return to private practice. He and his wife, Cathleen, have been married for 42 years. They have three children: Thomas Jr., a chef; Kelley, an attorney; and Jaimie, a court services supervisor for the Bergen County vicinage in Hackensack.

Brogan will be succeeded as presiding judge of the civil division by Judge Darren Del Sardo, who was appointed in December 2020.

“He’s going to be a phenomenal presiding judge,” Brogan said. “The civil division in Passaic County is in extremely good hands.”

Philip DeVencentis is a local reporter for NorthJersey.com. For unlimited access to the most important news from your local community, please subscribe or activate your digital account today.

Email: devencentis@northjersey.com

This article originally appeared on NorthJersey.com: Retiring Passaic County civil judge: 'We just guarantee fairness'