MONTCLAIR NEW JERSEY ESSEX COUNTY DIVORCE

The Early Settlement Panel judge abused his discretion in sanctioning defense counsel for his failure to appear at the ESP proceeding, finding his excuse – that he was stuck for hours in major traffic due to flooding – inadequate. Counsel had called the courthouse on several occasions to advise of his predicament, and ultimately was told he was released by a law clerk. He did not separately call plaintiff's counsel, because he assumed the law clerk would advise her. The trial judge failed to properly follow the procedures governing a contempt citation. Defense counsel's behavior was not contumacious and the imposition of any sanction was a mistaken exercise of discretion.      Cimmino v. Cimmino, New Jersey App. Div., February 28, 2008