When A Family Law Judge Crosses The Line
Family Court Judge Melanie Appleby had a child support question. Enter two “distinguished” attorneys, and it went downhill from there.
2014: Quick update: Judge Appleby was suspended for a month. Sans pay. See story here. However, as our original intent was to reveal the rare (yet, still sloppy, reporting) we chose to merely update our original piece. If you want change, go to the newspapers and demand they make space for a beat reporter to cover the nation’s largest, most used most often, court. As mentioned here. Cheers!
Judge Admits Conflict in Hiring Lawyer But denies Knowledge of Cover up
Mary Pat Gallagher12/03/2013
NJ Law Journal
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Gonna dissect Gallaher’s piece…and hope for another.
“A family court judge charged with ethics infractions admits she sought advice on her own child-support problem from a lawyer who had cases filed in her court, but she denies any complicity in covering up the conflict of interest.”
As you will soon see – this is just simply, not credible. The article continues.
“Superior Court Judge Melanie Appleby in Ocean County says she didn't know that the attorney she consulted, Frank Louis, hid behind the name and letterhead of another lawyer in an attempt to conceal his involvement and preserve his ability to appear before her.
Pretty self-serving Frankie.
Louis, a well-known matrimonial lawyer in Toms River with nearly 40 years practice, prepared a letter for Appleby on the support dispute and sent it to her ex-husband on Atlantic County lawyer Mark Biel's letterhead with a forged signature, the Advisory Committee on Judicial Conduct alleged in a Nov. 4 complaint.”
40 years of practice – means one greedy attorney is reduced to swapping letterheads? The piece did not include Louis’ relationship with Mark Biel or his firm except to say they are long-time friends. What does that mean? Are they members of the same social clubs? Do they vacation together? Share a vacation rental, together as did the two judges in Luzerne County now doing time for their
“Kids for Cash” program?
Seems the relationship between Frank Louis and Mark Biehl is worth a separate article.
We pause to mention the background of Frank Louis, from his website.
“Mr. Louis served as the Chair of the Family Law Section of the New Jersey State Bar Association and President of the Ocean County Bar Association, where he chaired the local Family Law Committee for several years. Presently, he is an Emeritus member of the Executive Committee of the Family Law Section. . .(more accolades) The Commission recommended several new statutes, which were ultimately passed by the Legislature including the Limited Duration Alimony Statute, which was based on an article written by Mr. Louis. Mr. Louis is also a member of the American College of Family Trial Lawyers, which is an organization limited to 100 Family Lawyers in the United States.
He is a Fellow of the American Academy of Matrimonial Lawyers
“In her formal answer, made public Tuesday, Appleby admitted she met with Louis around May 2012 to discuss the support issue, provided him with documents, exchanged e-mails with him and sent edits to the initial draft which he incorporated.
She even acknowledged that they discussed Louis' concern that if he assisted her, it would create a conflict of interest that would prevent him from having cases before her.
And she admitted that those communications caused a conflict, which led her a few months later to ask Assignment Judge Vincent Grasso to add Louis' name to her conflicts list.”
Key phrase that, “they discussed.” Later known as, “Second thoughts” followed by potential damage control.
“But Appleby denied knowing that Louis— between his first meeting with her and his sending her a draft of a letter to her ex-husband—had tried to get Biel to take on the matter and that Biel declined because of his heavy workload.
Wait. Clients often have no idea what their attorneys are doing, because their attorneys don’t detail their inner workings history in billing records. Speaking of billing records, where are they? The article doesn’t mention anything.
“Nor did she know that Louis obtained letterhead from Biel Zlotnick & Feinberg in Northfield, even though she saw the words "Biel Letterhead" in boldface capital letters on the draft and the final version was on official Biel Zlotnick letterhead.”
Now this, this is where it gets really interesting. Ocean County is the county seat for Toms River. Frank Louis is a past President of the Ocean County Bar Association and Mark Biehl is described, “is considered a straight-shooter, and a lawyer's lawyer - effective, thorough and the keeper of exceptionally high standards”as a member of the Ten Leaders Cooperative.”
“Appleby claims that given her only 11 months on the bench at the time and her complete lack of family law practice before becoming a judge, she did not recognize the name on the draft letter as referring to Biel or his firm.”
Wait. Appleby knows nothing about FamilyLaw and is assigned as a family law judge?
Nurse!
Separately, Appleby appears to be acting after her “Second thoughts” fueled potential potential, damage control.
(Well, too late.)
“When she saw the final version, she says she "truly believed" Biel wrote and sent it, even though she had never met him before that and never spoke with him afterwards.”
Who does that? Who thinks an attorney they’ve never met, or signed a retainer agreement, is representing them? This clearly Doesn’t pass the smell test.
“She says she still does not know who signed and sent the letter to Christopher Donahue, her ex-husband.”
Or put another way, “That’s my story and I’m sticking to it.”
“After receiving the letter, Donahue (Appleby’s ex) retained Catherine Tambasco of DeNoia & Tambasco in Toms River. She contacted Biel, who told her he did not represent Appleby and knew nothing about the letter, according to the ACJC. Donahue lodged the ethics complaint.”
Biel, by the way, punted.
“Appleby notes she went to Grasso of her own volition in September 2012 to have Louis put on her conflicts list.”
“She admits that before then, she heard matters in two of his cases during June and July of 2012, entering an order of divorce, conducting an early settlement conference, signing a consent order for mediation and ordering the release of medical records Louis sought.
She claims, however, that she "made no independent findings nor decided any contested issues," since the parties were in agreement in each instance.
She asks for the chance to submit evidence "in explanation or mitigation" and to request the sealing of any materials relating to personal, family, medical or other confidential information.
Appleby is charged with violating the Code of Judicial Conduct by facilitating or acquiescing in Louis' attempt to conceal the conflict and consulting with him despite knowing he had cases before her.”
While realizing this is a judicial review, what’s up with the State Bar in New Jersey? What is the State Bar doing about Frank Louis?
“She allegedly violated requirements to uphold the judiciary's independence and integrity (Canon 1), avoid impropriety and its appearance (Canon 2A) and conduct extrajudicial activities so as not to put impartiality in question, demean the judicial office or interfere with judicial duties (Canons 5A(1), 5A(2) and 5A(3)).
By not taking herself off Louis' cases right away, she also allegedly violated Canon 3C(1)'s requirement for disqualification where a judge's impartiality might reasonably be questioned because of a personal bias or prejudice concerning a party or lawyer.
Biel comments that, like Appleby, he does not know for certain who drafted and sent the letter but "it wasn't me nor any member of my law firm." He also states that he has never met or spoken with Appleby or appeared before her.
(This turned out to be BS. Biel later admitted he authorized his paralegal to do so.)
During an earlier interview, shortly after the ACJC complaint was filed, Biel also stated that given his busy schedule he believed Louis—whom he described as a "longstanding friend and colleague" —would expedite things by outlining the facts in a draft letter, following which Biel would speak with Appleby and possibly be retained as her lawyer. That "never happened," he added.”
Lots of things aren’t passing the smell test. However, what is readily apparent is this: They’ve got their game plan ready. Will Frank Louis lawyer up?
One other thing. Frank Louis, of Louis & Judge, is a past chairman of the State Bar Association’s Family Law Section and a member of the Supreme Court Family Part Practice Committee from 1982 to 2011. In other words, he’s got this down.
“He referred a request for comment to his attorney, Justin Walder of Walder Hayden & Brogan in Roseland, who says, “Mr. Louis has and will continue to cooperate fully with the ethics authorities.”
Yep. Frank Louis lawyered up.
“Appleby's ethics counsel, Guy Ryan of Secare & Ryan in Toms River, declines comment.”
Guy Ryan is smart.
“Appleby was a Toms River councilwoman and practiced municipal law when appointed to the bench by Gov. Chris Christie in 2011.”
Gee thanks, Gov. Christie. Appleby will likely get a ding. But the real losers are family court litigants who have cases before her.
