State judge admits mistakes in response to formal complaint

CAMDEN – A state judge facing a formal complaint over his courtroom behavior has acknowledged he “failed” the parties before him.

Superior Court Judge Michael Kassel also said he “regrets” his repeated comments from the bench about his lack of experience during a temporary role in Family Court.

And the judge described as “inappropriate” his criticisms of an assignment that had him hear family division cases one day a week over nine weeks in 2021.

Litigants and lawyers in his courtroom “had the right to expect a judge they were appearing before was fully capable of performing his role,” Kassel said Wednesday in answering a complaint from a judicial disciplinary committee.

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But Kassel denied allegations of willful misconduct and that he had failed to act on the appearance of a conflict of interest.

And he said his gripes, while inappropriate, were “frequently” coupled with his explanations for why he was making them.

Similarly, comments about being unfamiliar with relevant law were often accompanied by vows to “do his best” and requests to attorneys that he be “walked through the motions.”

The Advisory Committee on Judicial Conduct issued a four-count complaint against Kassel on April 19.

It contends Kassel acted improperly on 16 occasions during virtual hearings in family court between April 10 and June 15, 2021.

Kassel, who normally hears civil cases, was pressed into duty in family court due to a staffing shortage.

The judge's six-page answer rejected a charge of willful misconduct, but said he “could have and should have worked harder to prepare for and understand the family matters (before him)."

It disputed a claim that Kassel should have recused himself due to an apparent conflict of interest posed by an attorney at a family court hearing.

In that case, the lawyer had served as a municipal prosecutor in a DWI case involving Kassel 11 years earlier.

The case against Kassel was dismissed after testing by the New Jersey State Police laboratory "demonstrated no alcohol and only Ambien, which (the judge) had a prescription for …,” his answer said.

As part of that argument, Kassel contended an “erroneous failure” to recuse himself would represent "legal error," rather than judicial misconduct.

Kassel asserted he was "respectful and courteous … and always maintained appropriate judicial demeanor."

But he also allowed an incident, where he did not wear judicial robes in court and put his feet up on a desk, “impugned the solemnity of the court proceeding."

He noted he had a "completely unblemished disciplinary records" as both a judge of almost 21 years and as an attorney before that.

Kassel was admitted to the bar in 1982 and became a judge in 2001. He obtained tenure in 2008, positioning Kassel to remain on the bench until he reaches 70 years of age in 2027.

Kassel’s answer noted he had a “completely unblemished disciplinary record” as both a judge and an attorney.

Now that Kassel has responded to the complaint, a public hearing will be scheduled.

The ACJC then may recommend action by the state Supreme Court, the only body that can publicly discipline a judge.

Jim Walsh covers public safety, economic development and other beats for the Courier-Post, Burlington County Times and The Daily Journal.

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This article originally appeared on Cherry Hill Courier-Post: Superior Court Judge Michael Kassel says he 'failed' lawyers, litigants