BLOOMFIELD, NJ — Bloomfield Chief Municipal Court Judge Wilfredo Benitez filed a formal response Feb. 9 to three ethics violation charges against him following his DUI arrest after being found asleep in his car, on a westbound shoulder of Route 80, by two NJ State Troopers. This occurred Nov. 12, 2016, in Teaneck.
Included in his response, which is part of the hearing process being conducted by the NJ Advisory Committee on Judicial Conduct, is a demand by Benitez for a hearing.
The complaint against him alleges that he did not observe standards of conduct required of a judge; created the appearance of impropriety; and tried to use his office for personal interests. Benitez received his Bloomfield appointment in October 2017.
Benitez either admits, denies, explains or has no comment for 20 statements in the ACJC complaint that identifies him as a judge and outlines his actions once he was discovered by the troopers. Benitez is being represented by Brian Molloy, of Wilentz, Goldman & Spitzer, in Woodbridge.
In his response, Benitez admits that he has been practicing law since 1993; was a part-time judge in Belleville and East Orange; was found asleep in the front seat of his car; was asked by a State Trooper if he had anything to drink and said no; performed several field sobriety tests and said, “What are you trying to do? I’m a judge;”
He admits that he was arrested, but could not admit or deny the reasons why; that while being handcuffed said, “I can’t believe you’re doing this,” but only because he understood the State Police were not required to always use handcuffs; repeated that he was a judge and said he would never do anything to hurt the troopers, but only to explain that the handcuffs were unnecessary.
Benitez also admitted saying, “You’re not going to give me any courtesy?” in response to his being handcuffed; admits when read his Miranda rights, he cursed at the State Troopers and said “You’re wasting your time and you know it;” was taken to the State Police substation in Totowa; and was found not guilty, on May 11, 2017, of driving under the influence of alcohol.
In the response, Benitez denied operating a motor vehicle in Teaneck, but said he had been operating one when he decided to pull over to get some rest and activated his flashers. Once arrested and handcuffed, he denied attempting to walk away from the troopers. He could neither admit or deny if a strong odor of alcohol emanated from his breath when found by the State Police.
He denied outright or would not comment on whether his alleged use of profanity toward the two troopers violated the high standards required of a judge; that by identifying himself as a judge and requesting preferential treatment during his arrest, that he created an appearance of impropriety and attempted to use his office for personal interest; and that when questioned by ACJC about the incident and admitting that he referred to his judicial office for special treatment from the police, he did so because he felt he should not have been treated like a common criminal — patted down, handcuffed and Mirandized.
His response also contained a number of separate defenses. One was that if he were guilty of any misconduct, it was only of a minor nature. Also in his defense, Benitez said the ACJC could not prove any of the allegations with clear and convincing evidence.
The response also listed mitigating factors on his behalf. They included his service to the community; his cooperation in the ACJC investigation; his display of contrition and remorse; the arrest being an isolated incident; and that he was acquitted of the DUI charge.
The ACJC will now review the response and either dismiss the complaint or proceed with a public hearing.
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