Judge who accused N.J. courts of bias against Latinos credits his faith for his decision to retire: ‘I have no regrets because I had no choice’

Former Millville Municipal Court Judge Jason Witcher has no regrets about speaking out.

When he publicly accused the N.J. judiciary of discriminating against defendants needing Spanish-English translation or having Hispanic-sounding names, he knew it might be career suicide.

But he believed he had a moral and spiritual obligation to say something, even if the December accusation jeopardized his historic role as Cumberland County’s first Black municipal judge, a position he could have held onto until retirement.

“It was the right thing to do,” Witcher, 50, said in an interview. “I have no regrets because I had no choice. As a man and as a judge, my primary responsibility should always be the integrity of the justice system.”

After he resigned and in June filed a lawsuit against the Administrative Office of the Courts, the N.J. Attorney General’s Office conducted a monthslong investigation, filing in August a civil-rights complaint corroborating bias claims against the City of Millville in Cumberland County.

According to the complaint, although virtual court appearances were available with translation services, the municipal court required in-person appearances by people needing Spanish-English translation or having names that appeared to make them Spanish-speaking.

The complaint, which covers the period from June to December 2022, doesn’t offer a motive for why in-person appearances were favored. That case is pending.

The Administrative Office of the Court conducted its own investigation and released a 45-page report in February that recommended changes for improving the availability and awareness of translation services but found “no direct evidence that Millville Municipal Court officials were denying individual defendants the opportunity to appear for court virtually because they had a Hispanic/Latino-sounding surname or a need for interpreting.”

Meanwhile, Witcher’s replacement, Judge Steven Neder, resigned this month, and was suspended by the state from all courts in the Cumberland, Salem, and Gloucester County vicinage, said Peter McAleer, a judiciary spokesperson. A reason was not provided. Without a judge or adequate staff, Millvale’s cases were assigned to the Vineland municipal court by a state judge.

Brock D. Russell, city attorney for Millville, has said while the city has the power to appoint the judge and other officers, the operation of the municipal court is determined by rules established by the state’s judiciary.

The controversy began in 2022 when Witcher noticed Latino defendants were reporting to his Millvale courtroom in person and not choosing to appear remotely like other defendants. Witcher said he notified court administrators about the discrepancy, but nothing changed.

The matter escalated at a Dec. 5 court session when Witcher questioned every defendant who appeared before him. He described a stark difference between the responses of Latino defendants and those of other races: Most of the Latino defendants were unaware of the virtual option. He directed the clerk to put his comments on the record that it was the “most discriminatory thing” he had ever encountered in his career.

Two days later, Witcher received a letter from Superior Court Judge Benjamin Telsey threatening to remove Witcher from the bench, according to the lawsuit. He cited the bias allegations and an unrelated health issue that led Witcher to seek permission to appear for cases virtually. Telsey said Witcher must appear in person, according to the lawsuit.

“Your failure to do so will result in my assuming control of your courts pursuant to my authority as Assignment Judge,” Telsey wrote.

Witcher said he knew the writing was on the wall. He warned Leslie, his wife of 19 years, “This is not going to end well for me or for us.”

“I knew my career was probably going to end,” Witcher said.

Witcher eventually was suspended with pay from the bench in Bridgeton and Millville for about a month. He returned in February but later had second thoughts after a bad bout with Crohn’s disease. While presiding, he became dizzy, his heart was racing, and his blood pressure became elevated. He collapsed, toppling onto the floor.

After speaking with his doctor and his family, Witcher decided in April to resign from his judgeship in Millville and four other courts, effective Aug. 1. He handled more than 50,000 cases annually in Cumberland and Salem Counties.

“It was not without a lot of tears,” Witcher said. “My life was physically more important than the job. I decided I had to retire.”

» READ MORE: New Jersey AG accuses Millville of discriminating against Latino people in municipal court

Then a Republican (now an independent), Witcher was tapped for a municipal judgeship in 2010. It was a tough decision for a father of three young children. He would have to give up a thriving law practice for a part-time job that only paid $18,500. His wife and his spiritual adviser encouraged him to accept the position.

Witcher said he knew that a lot was at stake. He would become the first Black municipal court judge in Salem County. In 2014, Witcher was appointed to the Bridgeton municipal court, the first Black judge in Cumberland County. He was appointed in Millville in 2017. He also served in municipal court in Fairfield, Carneys Point, and Penns Grove.

“It was a moral responsibility. I had to do it,” he said. “It was scary — the responsibility of a judge in general, with the added likely scrutiny as a Black judge.”

As a child growing up in Willingboro, Witcher, the oldest of four brothers, had considered a teaching career. But after graduating from Kean University, he earned his juris doctor degree from Rutgers-Camden Law School in 2001. He spent seven years as an assistant prosecutor in Salem County and later became a certified criminal lawyer.

Witcher said he loved sitting on the bench but tried not to let it change him. He wore Chucks sneakers, coached Little League, and volunteered in the community so that youths would see him as a role model.

He once thought he would never retire, but serving as a judge, which Witcher believed was his calling, has taken a toll, mainly, he says, because there has been little peer support with only a handful of judges of color. At least three Black or Hispanic judges have taken the bench since his appointment.

“The cause of justice is a lonely job,” Witcher said. “The robe is heavy.”

Now, Witcher believes he has been vindicated by the Division on Civil Rights, and his name has been cleared. The Latino Action Network presented Witcher with its Courage Award, and the Bridgeton and Penns Grove City Councils also adopted resolutions heralding his actions.

About 200 people celebrated Witcher at a lavish, judicial-themed retirement party this month at Adelphia’s Restaurant in Deptford with speeches, prayers, cheers, and tears. There were resolutions from both sides of the political aisle and a standing ovation.

The party was carried out like a court proceeding. Witcher’s longtime court bailiff issued a commanding “All rise.” Witcher’s 22-year-old son, Justice (named by his father), gave a moving tribute, and his wife laughingly told him she has a to-do list for him.

“Thank you for being so courageous. Thank you for being the man of honor,” his wife said.

Witcher told the crowd that his strong faith and support from elders at the Perfecting Church in Sewell got him through the tough times. He cited his favorite Scripture passage, Matthew 5:10: “Blessed are those who are persecuted because of righteousness, for theirs is the kingdom of heaven.”

Blessed are those who are persecuted because of righteousness, for theirs is the kingdom of heaven.

“I’ve indeed been persecuted,” he said. “I realized it was only by God’s mercy and grace that allowed me to survive.”

A licensed minister since 2014, Witcher began classes Monday to pursue a master’s in biblical studies at Lancaster Bible College. He’s leaving his future plans to divine intervention but plans to spend time with his family and dogs.

“I don’t know what God will have in store,” he said. “I’m excited for it.”