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Sussex Borough opposes new judge appointment

| 18 Feb 2015 | 11:30
    Photo by Vera Olinski Bill Gettler told the Sussex Borough Council therre is a cloud over the appointment of Judge Glenn Gavan.
    Photo by Vera Olinski Bill Gettler told the Sussex Borough Council therre is a cloud over the appointment of Judge Glenn Gavan.
    PHOTO BY VERA OLINSKI Ann Smulewicz told the Sussex Borough Council her opposition to the appointment of Judge Glenn Gavan.
    PHOTO BY VERA OLINSKI Ann Smulewicz told the Sussex Borough Council her opposition to the appointment of Judge Glenn Gavan.
    Photo by Vera Olinski Kathy Gorman told the Sussex Council she asked the Wantage Township Committee what constitutes an ethics violation serious enough not to appoint someone as judge.
    Photo by Vera Olinski Kathy Gorman told the Sussex Council she asked the Wantage Township Committee what constitutes an ethics violation serious enough not to appoint someone as judge.

SUSSEX BOROUGH — The Sussex Borough Council took a stand against Glen Gavan not getting a permanent appointment at as Municipal Court Judge in Wantage Township on Tuesday, Feb. 18.

The council unanimously moved asking Borough Attorney Francis J. McGovern to draft a resolution, which will it will vote on, and is expected to approve, at its next meeting.

Gavan resigned as chaiman from the Sussex County Community College Board of Trustees this past summer. He had been the attorney for CP Engineers, which received more than $800,000 worth of contracts with the college. He also used office space owned by the company.

Wantage Township named Gavan as the judge of the Municipal Court in January. His appointment must be confirmed by Gov. Chris Christie and the New Jersey state Senate.

Council President Linda Masson read the proposed resolution after the council came out of Executive Session.

“As Sussex Borough is in a shared service agreement for Municipal Court services with Wantage as the provider, this appointment has a direct impact on the community we serve,” she read.

Before the vote, the council discussed whether doing so was the proper course of action to take at that time.

"(This is) not a typical situation," Masson said. "Wantage should get someone without all the baggage."

Mayor Jonathan Rose said the contract doesn't give anyone an out.

Masson countered that there was a problem with an attorney that did not know he had a conflict of interest.

“How can he be a judge and then go on to judge others' actions?” she asked.

Three Wantage residents, Ann Smulewicz, Bill Gettler and Kathy Gorman came to Sussex to present their concerns regarding Gavan's appointment.

They also spoke to the Wantage Committee on Thursday, Feb. 12.

"There's a terrible cloud and he should not have been named judge," Gettler said.

Gorman asked the Wantage Committee three times about what constitutes an ethics violation, but the only response came from Administrator Jim Doherty, who told her there wasn't an "absolute" answer, and that no ethics violations found.

"Courts are the foundation of our society," Smulewicz said. "They shouldn't look the other way. The whole thing was handled poorly."

Rose plans to call Wantage Township while McGovern is preparing the resolution for the borough's March 3 meeeting.

"When I'm doing the right thing, I don't need to know what my friends are doing," Masson said.