State v. Tucker

In State v. Tucker, 264 N.J. Super. 549, 554, 625 A.2d 34 (App.Div.1993), certif. denied, 135 N.J. 468, 640 A.2d 850 (1994) defense counsel informed the trial judge during a pretrial hearing that the judge, while an assistant prosecutor, presented two cases involving the defendant before a grand jury. Tucker, supra, 264 N.J. Super. at 553, 625 A.2d 34. The judge did not recall defendant but acknowledged he had been involved in the prior matters after he examined the indictments. Ibid. The Court concluded that "such involvement has the capacity to undermine public confidence in the impartiality of the judicial system." Id. at 555, 625 A.2d 34. Therefore, we held that defendant's motion for recusal should have been granted and the conviction was reversed. Ibid.