Judge Withholds Evidence that Could Implicate Him

Judge Withholds Evidence that Could Implicate Him

On, April 11, 2011, Judge Hany Mawla of the Superior Court of Hunterdon County, Flemington, New Jersey refused to release a recording that could aid an investigation into his activities.

According to Elizabeth Maratta, the woman who wants to have the judge investigated, she was informed by a clerk of the Hunterdon County Law Library that Judge Mawla would not allow her to have a recorded CD of court proceedings where she claims the judge not only violated several points of law, but personally ridiculed her and exposed his own bias in a case before him.

"It's like I need the judge's permission to have him investigated," Maratta said. "During my custody case that was before him, he refused to allow relevant evidence, which is a direct violation of Jersey law." She added that the judge also made several derogatory remarks about her in an apparent effort to stop her from testifying in the case.

Ms. Maratta's court case involved allegations that a minor was being strangled, punched, and illegally restrained by his father, and that the child had reported he felt his life was in danger. According to Ms. Maratta, the judge ruled that the father's behavior was discipline, not abuse. She further asserts that when she cried over having to give up her son, the judge remarked that he thought she was faking it, because he didn't see tears on her cheeks.

"I thought at the time that his remarks were not only inappropriate, but absurdly cruel," Ms. Marratta said. "The judge refused my request to enter into the witnesses stand area so that I could testify. He threatened me with punishment if I insisted on speaking up. I was there expressly for the purpose of speaking up about the child abuse inflicted on my son, and the judge would not let me testify."

The judge has refused to release the audio recording that would confirm Ms. Maratta's allegations.

The investigating body in such matters, the Advisory Committee on Judicial Conduct in New Jersey, asks petitioners to give quotes from the judge in complaints.

"They don't say what to do if the judge refuses to release the recording I need to quote from," Ms. Maratta said.

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