Municipal Court Judge Emery Toth was reprimanded last month for
violating the New Jersey Code of Judicial Conduct by "speaking
disrespectfully and intemperately to a litigant" and for abusing his
contempt power by throwing the litigant in jail after he responded.
The litigant had escalated matters, though, by using certain well-known
gestures and that time-honored salute, the "raspberry."
The
defendant, a cab driver named Esmanuel Buldoni (a.k.a., oddly, "Luis
Martinez"), had been charged with three traffic violations. He was in
prison at the time of his arraignment, possibly because he had failed
to show up for a prior court date, and so the exchange took place over
a video link to the courtroom. After Buldoni pleaded not guilty, he
and the judge got into a dispute over why exactly Buldoni was in prison
at the time. After a short exchange, Judge Toth ended the argument.
"I don't want to have an Oprah Winfrey conversation with you," he
said. "All right? . . . I'll give you a trial date next week. See you
around. Goodbye."
According to Toth, Buldoni then made the
"raspberry" sound and gestured with his middle finger in a way that
Toth said he interpreted as meaning "kiss off." The kiss-off does not
seem to have been a big deal, but the raspberry was not to be endured: