Legal Ethics

Lawyer, Filmmaker & Now Ex-Judge Critical of Ethics Rules

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At least for a time, Kenneth Del Vecchio found away to meld his two passions: the law and filmmaking.

By day he was a part-time town judge in New Jersey, while much of the rest of his time was spent producing, writing, directing and acting in low-budget, often politically themed films.

But thanks to an advisory ethics opinion declaring his two jobs create a conflict, Del Vecchio has resigned his North Arlington municipal judgeship. The South Bergenite details his resignation and the New York Times explores the judicial ethics issues.

Del Vecchio tells the Times that New Jersey’s Code of Judicial Conduct is being applied unevenly considering judges who write books, including U.S. Supreme Court justices, aren’t prohibited from continue to write and promote their works.

“They’re either saying, ‘We know better than the United State Supreme Court,’ or they’re muzzling me because they don’t like the content of my speech,” Del Vecchio is quoted saying.

The Advisory Committee on Extrajudicial Activities wasn’t opposed to Del Vecchio’s continuing to make films, but said he “should not be interviewed, promote and participate in the press and publicity” for the works, the Times reports.

Del Vecchio sought out the opinion, but told the South Bergenite that he was “absolutely shocked” by the resulting opinion.

The paper reports that the advisory committee letter says Del Vecchio’s promotions of his films, including his film titled O.B.A.M. Nude is “improper or could create an appearance of impropriety.” Two other films of Del Vecchio’s, An Affirmative Action and Fake, are also mentioned by the advisory committee.

Del Vecchio says he chose to resign to protect his freedom of expression and freedom of speech, which he believed would be restricted had he remained on the bench.

Also see:

Reason: “OK, So We Can All Agree The Movie Sucks, But is it a Fireable Offense?”

One of Del Vecchio’s videos, via YouTube:

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