Not Funny: NJ Supreme Court Says Judges Can't Do Stand Up

from the benched dept

Fri, Sep 20th 2013 5:45am — Timothy Geigner

Humor: some people have it, other people don't. For the humoursly challenged, exposing the funny takes several ingredients. First, you need to be in a position to observe everyday occurrences that can be mocked or exposed for ridicule. Then you need the ability to craft a joke about that topic. Finally, you need the ability to deliver that joke. Vince Sicari has those ingredients. He's also a part-time judge in New Jersey, which is the sort of thing I didn't know existed (part-time judges, not the great state of New Jersey). Unfortunately that apparently makes him the bane of the legal system, as the New Jersey Supreme Court has ordered him to step down from the bench if he continues working in comedy.

"The judge's acting and comedy career is incompatible with the Code of Judicial Conduct and therefore he may not serve as a municipal court judge while continuing with that career," the court wrote in a unanimous 7-0 opinion.

Specifically, the court noted that Sicari's work has included playing bit roles on shows like ABC's What Would You Do?, in which he essentially pretends to be a jackass, often a racist or vulgar jackass, to see how those around him will react. The court says that the discerning public won't be able to separate the words spoken in this role and during his standup routines and the words he utters from the bench, because apparently residents of New Jersey never watched Sesame Street growing up and don't know what the word "pretend" means. Judges, you see, are not allowed to be funny.

Pictured: The Florida Supreme Court shortly before their summary execution under the Rabbit Ears Act Of 1918

This, in case you aren't sure, is stupid. Aside from the fact that what the court points to in terms of Sicari's performances are his in character roles, the other problem is that he's gone out of his way to not do comedy about legal matters or make jokes from the bench. He also performs under a different name (Vince August instead of Vince Sicari). Still, an attorney for the state argued that the public would be confused over which Sicari was the real Sicari after seeing him play characters on the show, because apparently that attorney hasn't seen ABC's ratings.

Look, being a judge is important, even a traffic court judge like Sicari. I get that. But do we really want to live in a society where you can't be a comedian and serve the public? Hell, half of our public servants are hilarious unintentionally. That's because public discourse is inherently funny, due to the fact that the public is involved and half of them are morons. See? That was a joke. Kind of.

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Filed Under: comedy, free speech, judge, new jersey, stand up, vince august, vince sicari

30 Comments

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Androgynous Cowherd, 20 Sep 2013 @ 6:00am

Not just stupid.
This, in case you aren't sure, is stupid.

Not just stupid -- a bright line violation of the First Amendment. A government employer cannot tell a government employee that they'll be fired if they continue with [insert act of free speech/expression here], full stop.
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Anonymous Coward, 20 Sep 2013 @ 6:13am

So in NJ, you have to ask permission for what sort of work you want to do? or are job roles assigned at birth?
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Michael, 20 Sep 2013 @ 6:15am

Re: Not just stupid.
If they included a no-compete clause, it could be argued that the New Jersey judicial system is in competition with the jokes he is telling.
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ChurchHatesTucker (profile), 20 Sep 2013 @ 6:20am

Re:
You get a Cutie Mark when you come of age. Jersey is a magical place.
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Anonymous Coward, 20 Sep 2013 @ 6:55am

uh huh
From the State that wants to make you buckle your pets up in the car. Fuck you chris christie you fat boob.
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Anonymous Coward, 20 Sep 2013 @ 6:56am

Re: uh huh
mmmm boobs
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Anonymous Coward, 20 Sep 2013 @ 6:58am

It wasn't a joke. Kinda of.
It's just a true statement that half of the population (at least half) are morons.
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Anonymous Coward, 20 Sep 2013 @ 7:01am

Re: Re: Not just stupid.
I live in NJ. It's a right-to-work state. Non-competes are not worth the paper they're printed on, here.
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RyanNerd (profile), 20 Sep 2013 @ 7:06am

Hasn't NJ heard of the old sitcom Night Court?
If there were a true conflict of interest between what a part time judge does with his time when he's not on the bench then I can see that there would be an issue. But in this case it's simply an incredibly stupid overreaction.
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MM_Dandy (profile), 20 Sep 2013 @ 7:08am

Night Court is now in recess...
The Honorable Harry T. Stone will be in his office, under his rug.
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Not an Electronic Rodent (profile), 20 Sep 2013 @ 7:09am

Re: Re: Re: Not just stupid.
Non-competes are not worth the paper they're printed on, here.
Telling, perhaps, that you chose to take issue with that rather than the implication that [New Jersey] judiciary and stand-up comedy are direct competitors?
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Erik Grant, 20 Sep 2013 @ 7:17am

Lets look at the "why"
I am guessing the reason why they ruled as they did was due to the current state of our justice system.

Anybody can and should be able to go on TV and be funny, including touching on subjects like race and gender. I don't have a problem with that. As has been said, that's also a first amendment right. In this case, it was a judge. He still has first amendment rights, to be sure, and I'm not positive this decision is consistent with the law.

Lets just imagine for a moment what happens if this judge passes down a harsh sentence on his next black defendant. No matter how guilty the man is, if his lawyer can point to a skit the judge did on TV where he pretended to be racist, do you really think he can't force a recusal of the judge? Now repeat for women, now asian people, and suddenly we have half a judge whose rulings will always be subject to appeal.

It's not right that the man's rights to free speech have been impugned. But there is a tough reality here, and there probably is no really good answer here.
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Jessie (profile), 20 Sep 2013 @ 7:25am

So we have a judge working part time as a judge making $13,000 a year from it and by all accounts seems to be actively disclosing his other job to the mayor and advisory boards, actively trying to prevent conflicts of interest and working another job to support himself while doing the things he enjoys doing.

What's he supposed to do, take kickbacks and become corrupt to make up for the money that being a part time judge doesn't pay?

Then again, maybe the fact he's not is the real issue in this decision.
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Anonymous Coward, 20 Sep 2013 @ 7:27am

What happens when the population changes? Do people spontaneously readjust the amount of morons to preserve the rule or does the government intervene? Is there a branch of government charged with preserving morons?
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Anonymous Coward, 20 Sep 2013 @ 7:32am

Re: Re: Re: Not just stupid.
But you agree that the NJ judicial system is a joke?
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DOlz (profile), 20 Sep 2013 @ 7:36am

Change of Venue?
Prenda just found another windmill to go after.
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Anonymous Coward, 20 Sep 2013 @ 7:48am

Flip Flopity my brain explodes
On one had I see that morons in a hurry might not be able to separate racist joke telling guy from impartial judge. Like it or not just the appearance of impropriety IS a problem.

On the other hand, what the judge does outside of court is his own damn business. If he is being a fair, impartial Judge following the laws as written then he is a good Judge.

How would you feel being sentenced by a judge who has made racist comments outside of the courtroom even if you new they were in jest?
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Anonymous Coward, 20 Sep 2013 @ 8:10am

Re: Re: Re: Re: Not just stupid.
They are?

And here I've been doing stand-up all wrong!
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lar3ry, 20 Sep 2013 @ 8:41am

Judge... take this order to step down. Please.
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Deranged Poster (profile), 20 Sep 2013 @ 9:34am

Re: Re:
No they just get implanted with a Career chip.
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Deranged Poster (profile), 20 Sep 2013 @ 9:38am

Re: Flip Flopity my brain explodes
Too many morons running around in charge now. They take offense at the "Moron in a hurry" test.
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Mike Masnick (profile), 20 Sep 2013 @ 11:35am

Al Franken
I mean how can people separate Franken from Stuart Smalley? Unpossible.
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TaCktiX (profile), 20 Sep 2013 @ 12:40pm

Re: Re:
This begs the question, why aren't they better friends to each other?
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TaCktiX (profile), 20 Sep 2013 @ 12:40pm

Re:
Yes, it's called Congress.
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Mike Brown (profile), 20 Sep 2013 @ 1:59pm

Re: Al Franken
Sonny Bono and Fred Grandy also come to mind.
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Anonymous Coward, 20 Sep 2013 @ 2:43pm

Really?
Someone should tell this to the judges in Effingham County Georgia. That conviction rubber stamp is such a joke all the judges in that circuit should be fired under this decision.
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Anonymous, 20 Sep 2013 @ 4:12pm

"Well, your honor, a funny thing happened on the way to court this morning..."

Judge: "Shut up! I do the jokes around here!"
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Anonymous Coward, 21 Sep 2013 @ 9:12am

Kickstarter for Investigations
Perhaps there should be a kick starter for investigative journalism into people. It'd be one hell of a business model.
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Anonymous Coward, 24 Sep 2013 @ 6:38pm

wow
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Joe, 2 Dec 2013 @ 4:34am

This is ridiculous
Let the judge do his thing. I know a guy who runs a funeral parlor and performs stand up comedy on the side. It's a stress buster.
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