N.J. Supreme Court to hear "joking judge" appeal

Vince A. Sicari, a South Hackensack, N.J., Municipal Judge, performs at Carolines on Broadway comedy club Monday, Feb. 25, 2013, in New York. / AP Photo/Frank Franklin II

SOUTH HACKENSACK, N.J. A judge in New Jersey is asking the state's highest court to have a sense of humor.

Attorneys for Vince A. Sicari plan to argue in front of the New Jersey Supreme Court on Tuesday that the part-time municipal court judge should be allowed to keep his other paying gig as a comedian.

Sicari is appealing a 2008 state ethics committee ruling that he can't continue working as a paid entertainer while on the bench.

Sicari, who performs under the name Vince August, said in court filings he has always kept his identity as a South Hackensack municipal court judge separate, and "there is never mention in either profession of the other."

He insists in court papers that he never even makes lawyer jokes or anything that could tarnish the profession. He claims much of his comedy is derived from non-work related personal observations, such as his upbringing as an Italian Catholic.

But a state ethics board said Sicari's portrayal of racist and homophobic characters on the ABC reality show "What Would You Do?" could make defendants question his neutrality, the (N.J.) Record reported.

The Committee on Extra-Judicial Activities in 2010 reaffirmed its decision that he could not continue as a paid performer/entertainer.

Committee members said they were concerned that the "content of his comedy routine could give rise to an appearance of bias, partiality or impropriety or otherwise negatively affect the dignity of the judiciary," according to court papers.

Sicari countered that he should be able to supplement his $13,000 a year income as a part-time judge "while actively engaged in an entertainment career which provides me a substantial portion of my income."

He says he's made hundreds of stand-up comedy appearances a year, including at a New York City comedy club where he has performed since 1997, on network television, as a warm-up for Comedy Central audiences and in film. He's a member of the Screen Actors Guild and other professional performers unions.

The committee cites rules that judges may hold outside positions including gigs as musicians, as long as they don't get paid, or play at casinos, political events or in scenarios that could present a conflict of interest. They also cite a prior ruling that determined "a municipal court judge may not appear in a TV commercial for Shredded Wheat."

Sicari argues in his appeal that he takes both his entertainment and his legal job seriously.

"This issue is about a person who affects lives in many ways in two distinct identities," he said in a court filing.

[joubauar]

What the HEII's wrong with a judge earning an honest living as a comedian?
Or with having a sense of humor?

[anonymouslawyer]

Judges are people, too, but the public forgets it. Most times people WISH they knew more about the judge assigned to their cases. Here there is that opportunity. What gave rise to Obama's popularity - was his accessibility to the public. Judge Sicari's access to the public is no different from Obama slow jamming the news with Jimmy Fallon or judges traditionally fraternizing with lawyers and politicians on Facebook and golf courses. At least here, Sicari is making himself more open and transparent to the general public. And, he claims he is not criticizing the legal profession or commenting on his work. He is simply making people laugh in a public setting. Judges are people, too. They participate in sports, play in bands, and...have a sense of humor.

[MeBubbleHead]

How about Hollywood do another reality show? The Laughing Judgement? Each time he hears a case he has to on the fly insert a bit of humor into each case.

[VO142857]

So, Vince A. Sicari is running one show in the courtroom, and another one on the stage.