On Monday, July 1, 2024, the Advisory Committee on Judicial Conduct filed a formal complaint against Carl L. Marshall, a judge serving in multiple municipal courts across New Jersey.

The case is entitled “In the Matter of Judge Carl L. Marshall,” with case number 2024-043.

The complaint, submitted by Disciplinary Counsel Maureen G. Bauman, centers around incidents that allegedly occurred while Judge Marshall was presiding over cases in Elizabeth, Roselle, and Plainfield between 2018 and 2023. Judge Marshall has been a member of the New Jersey Bar since 1994 and also maintains a private law practice separate from his judicial duties.

The first count of the complaint deals with a warrant issued in 2018 for defendant Anthony Hawthorne regarding a criminal mischief charge. This warrant remained active until February 2021, when Judge Marshall reportedly contacted a court administrator from his personal cell phone to ask about the warrant status. After learning it was an “at-large” or unserved warrant, Judge Marshall allegedly instructed the administrator to recall the warrant and schedule a hearing. As a CJP or Central Judicial Processing judge trained to handle these types of cases, the complaint states Marshall should have had the defendant processed through that court first before recalling the warrant.

At a subsequent hearing in June 2021, the alleged victim asked to dismiss the charge against Hawthorne, which a different judge allowed. However, the warrant was apparently not removed from the national NCIC police database. This led to Hawthorne’s arrest during a traffic stop in July 2023 and overnight detention, even though the underlying charges no longer existed.

The second count cites Judge Marshall’s use of LinkedIn where he purportedly identifies himself as a judge to advance his personal or economic interests, in violation of conduct rules. If substantiated, the complaint asserts Marshall violated several canons regarding upholding high conduct standards, complying with the law, avoiding impropriety, and not using his judicial position for non-judicial gain.

Judge Marshall has yet to publicly comment on the complaint, and an outcome may not be known for several months as proceedings progress.

A copy of the original filing can be found here.