Law Lessons from JASON S. FAZIO VS. DANIELLE M. APISA, App. Div., A-2686-11T1, December 21, 2012:
Where a Family Part judge “may have a commitment to its findings, we believe it is best that the case be reconsidered by a new fact-finder.” N.J. Div. of Youth & Family Servs. v. A.W., 103 N.J. 591, 617 (1986), (citing with approval In re Guardianship of R., 155 N.J. Super. 186, 195 (App. Div. 1977), where the appellate court required that the case be assigned to a new judge because “[t]he judge who heard the matter below has already engaged in weighing the evidence and has rendered a conclusion on the credibility of the Division’s witnesses”); see also State v. Henderson, 397 N.J. Super. 398, 416-17 (App. Div. 2008), aff’d in part, modified in part on other grounds, 208 N.J. 208 (2011); State v. Gomez, 341 N.J. Super. 560, 579 (App. Div.), certif. denied, 170 N.J. 86 (2001).
NOTE from Paul G. Kostro, Esq.: If you are interested in Mediation; or have issues relating to Divorce, Domestic Violence, Child Support or Other Legal Matters, please call me to schedule an appointment — I can be reached by telephone at (908)486-2200; or by Email.
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