Judge examined his profane TikTok videos

For two years, a New Jersey judge used a pseudonym to post TikTok videos of himself lip-syncing lyrics to popular rap songs.

In some, he wore court robes or walked through a courthouse, according to the state’s Advisory Committee on Judicial Conduct. Others contain explicit references to violence, sex and misogyny. At least one was taken to bed.

On Monday, the court said yes filed a complaint to Superior Court Judge Gary N. Wilcox, who will now face a hearing that could lead to disciplinary action ranging from a reprimand to dismissal from the bank.

The complaint states that Judge Wilcox’s decision to post the TikTok videos showed “poor judgment and disrespect for the judiciary and an inability to meet the high standards of conduct expected of judges.”

The case, which is likely to involve free speech arguments, was filed a day after the trial Supreme Court of New Jersey a potential spent precedent-setting decision regarding privacy protection when using social media. The court ruled that police needed to prove more than basic probable cause for continuously monitoring Facebook to investigate crimes, concluding that the surveillance was the “functional equivalent” of tapping someone’s phone.

Judge Wilcox, who presides over criminal cases in Bergen County, NJ, was admitted to the New Jersey bar more than three decades ago and has served as a judge of the Superior Court since 2011. His attorney, Robert Hille, said he was reviewing the complaint and would file a response.

“I don’t think at the end of the day anyone will believe there was any desire to do harm here,” said Mr. Hille. “In hindsight it’s 20-20.”

According to the complaint, he used an alias, “Sal Tortorella”, to post about 40 publicly available videos on TikTok between 2021 and March 2023. Eleven were deemed inappropriate by the Judicial Conduct Committee.

Several were recorded in his courtrooms and included songs containing “profanity, explicit sexual references to female and male body parts, and/or racial slurs,” the commission said.

In a video cited in the indictment that appears to have been deleted from TikTok, Judge Wilcox recorded himself wearing a “Beavis and Butt-Head” T-shirt walking through a courthouse as “Get Down” from the rapper Nas plays in the background.

The complaint noted that the song contains explicit lyrics about a criminal case and a courtroom shooting, as well as drug and gang references, including the murder of a doctor who was treating a rival gang member.

Another video showed Judge Wilcox in a car, wearing a T-shirt with the words “Freedom of Speech,” uttering lyrics about spilling cognac on a “$200 suit.”

“Do you think you can run up to me and punch my monkey ass? Come on. Come on!” he lip-synched in another video, which was shot in a judge’s chambers for law books.

Many of the songs cited in the complaint are by mainstream musicians. One video included “Jump” by the artist Rihanna; others include “Sure Thing” by R&B singer Miguel and “Touch It” by rapper Busta Rhymes.

Judge Wilcox is in his 50s and will reach mandatory retirement age in 2034, according to a spokeswoman for the courts.

Alexander Shalom, a senior attorney with the American Civil Liberties Union of New Jersey, noted that there was often a distinction between conduct that can oblige an employer and speech that is constitutionally protected.

“Judge Wilcox has a right to a fair trial,” said Mr. Shalom, who has intervened in other high-profile free speech cases in New Jersey. “As he goes through that process, many important issues will come up about freedom of speech and free speech and what questions the status of the judiciary.”

He said the ACLU, which is not involved in the case, would monitor the progress of the case and would be “eager to delve into those issues.”

The complaint against Judge Wilcox comes because the New Jersey Superior Court has so many judicial vacancies civil and matrimonial cases have been discontinued in six provinces.

Lawmakers have emphasized the value of a diverse bank as they approve the slow stream of Supreme Court nominees. And on Friday, Michael Noriega becoming the first former public defender to be confirmed as a member of the New Jersey Supreme Court, a move the governor says has restored “representation of the Hispanic community at the highest level of our judiciary.”

Mr Hille said the focus on appointing judges from different backgrounds was a noble endeavor.

“The idea of ​​diversity is that you have a connection with the community, so you’ve developed a frame of reference,” said Mr Hille, clarifying that he was speaking in general terms and not about Judge Wilcox’s case.

“These are mainstream performers,” he said of the music cited in the complaint. “This is music that is out there in the audience. And it clearly elicits a different response depending on who is listening.”