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Judge who allowed secretary to work remotely didn’t violate ethics rules, state supreme court says

By Debra Cassens Weiss

October 29, 2024, 8:45 am CDT

The New Jersey Supreme Court has tossed a pending ethics complaint against a judge who sometimes allowed his secretary to work remotely in violation of office policy.

The New Jersey Supreme Court found no ethics violations by New Jersey Judge Douglas H. Hurd in an Oct. 16 order, report Law360 and Law.com. Hurd is civil presiding judge in the Mercer vicinage in Trenton, New Jersey.

It is rare for the New Jersey Supreme Court to dismiss a disciplinary case before a ruling by the New Jersey Advisory Committee on Judicial Conduct, sources told Law.com.

New Jersey courts were working remotely during the COVID-19 pandemic. When in-person operations resumed, a new policy allowed remote work for one and then two days per week. But the new policy did not apply to judges, secretaries of judges, and judicial law clerks, according to the Jan. 30 ethics complaint.

Despite the requirement for in-office work, Hurd’s secretary was allowed to work remotely “on a periodic basis” for about six months in 2022, the ethics complaint said.

Hurd thought that he had discretion to allow remote work in light of the secretary’s “incredible work ethic,” according to an amended answer to the ethics complaint.

The secretary worked remotely about three to six days per month during a five- to six-month period. Hurd immediately ended his approval for remote work when he was advised that he didn’t have the discretion to allow it.

Hurd declined to comment on the dismissal of the complaint when Law360 contacted a representative.

Law.com spoke with lawyers who were relieved to hear that the ethics complaint was tossed.

Michael Donahue, managing shareholder of Stark & Stark in Hamilton, New Jersey, told Law.com that Hurd had “an unblemished reputation.” While the complaint was pending, Hurd “kept his head up and the vicinage running,” Donahue said.

“I am incredibly relieved and gratified to hear the news that the New Jersey Supreme Court has seen the right side of this issue,” Donahue said.

A new policy adopted after the ethics complaint was filed allows law clerks and secretaries to work remotely up to four days per month with judicial approval, according to Law.com.

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Judge faces potential discipline for allowing secretary to work remotely

By Debra Cassens Weiss

February 8, 2024, 9:55 am CST

An ethics complaint alleges that a New Jersey judge abused the power of his office by allowing his secretary to work remotely in violation of office policy.

The New Jersey Supreme Court’s Advisory Committee on Judicial Conduct accused Judge Douglas H. Hurd in a Jan. 30 ethics complaint, Law.com reports. He is the civil presiding judge in the Mercer vicinage in Trenton, New Jersey.

According to the ethics complaint, courts were working remotely beginning in March 2020 because of the COVID-19 pandemic. When the judiciary resumed in-person operations, it instituted a policy in September 2021 that allowed one day weekly of remote work for eligible staff members who obtained approval. The policy was updated in April 2022 to allow two days of remote work each week.

Judges, secretaries of judges and judicial law clerks were not eligible for remote work, however.

Hurd’s secretary, identified as “L.C.” in the ethics complaint, moved out of New Jersey in 2021 and obtained an exemption from a residency requirement. She began working remotely “on a periodic basis,” with Hurd’s “knowledge and consent,” when the remote work policy began in September 2021, the ethics complaint said. She continued to work remotely until December 2022.

When Hurd was interviewed by advisory committee staff members, he acknowledged that L.C. worked remotely for about six months in 2022 and he authorized it, thinking that he had the power to do so.

The ethics complaint alleges that Hurd abused the power and prestige of his office to benefit his secretary, demonstrated an inability to conform his conduct to the high standards expected of judges, and failed to act in a manner that promoted public confidence in the integrity and impartiality of the judiciary.

A person who identified himself as Hurd’s law clerk told the ABA Journal that the judge had no comment at this point.

LAKE COUNTY, Calif. — Secretary of the Interior Deb Haaland and Bureau of Land Management (BLM) Director Tracy Stone-Manning visited Berryessa Snow Mountain National Monument this weekend to meet with federal, Tribal, state and local officials, and community members to learn about their vision for conserving the natural and cultural resources in the region.

During the visit, Secretary Haaland, Director Stone-Manning, Congressmen John Raymond Garamendi and Mike Thompson, and leaders from the BLM and U.S. Forest Service heard directly from the community on proposals to expand the existing National Monument to protect culturally important sites on adjacent BLM-managed public land. There is pending congressional legislation to expand the monument, rename the area commonly known as “Walker Ridge” to Condor Ridge, or Molok Luyuk in the Patwin language, and provide opportunities for the BLM and the U.S. Forest Service to further collaborate with Tribes in the management of the National Monument.

The Berryessa Snow Mountain National Monument was established by Presidential Proclamation on July 10, 2015, in order to protect its rich biodiversity, including rare endemic species, unique serpentine outcrops, relic prairies, and riparian habitats. In addition to providing essential habitat for fish and wildlife, the area is important for scientific study, prehistoric and historic preservation, and exceptional outdoor recreational opportunities.

The lands within the Monument are some of the most scenic in northern California, ranging from rolling oak-studded hillsides to steep canyons and ridgelines with expansive views. These lands retain deep cultural significance for approximately two dozen federally recognized Tribes who inhabited them for at least the last 11,000 years.

Encompassing more than 330,000 acres of public land, the National Monument is jointly managed by the BLM (approximately 133,000 acres) and the U.S. Forest Service (approximately 197,000 acres). Since the establishment of the Monument, the two agencies have worked to carefully manage the objects and values identified in the proclamation. The agencies have held several community conversations to gather public input and build a shared vision for stewardship of the Monument. Additionally, the BLM has created and filled a new Tribal Liaison position in California to facilitate consultation and collaboration with Tribes.

In an exclusive interview, “CBS Evening News” anchor and managing editor Norah O’Donnell sat down with Secretary of the Army Ryan McCarthy to discuss the firings and changes following a probe at Fort Hood, as well as the year-and-a-half long investigation by CBS News into sexual assault within the U.S. military.