New Jersey judge’s TikToks spark investigation
Judge Gary Wilcox is being investigated for TikToks on which he lip-synced to Nas and Busta Rhymes, sometimes while wearing his judicial robes. The outcome could impact others on “CourtTok.”
A New Jersey judge could face discipline or removal from the bench because of a series of TikToks.
The New Jersey Advisory Committee on Judicial Conduct filed a complaint Friday against Superior Court Judge Gary Wilcox over short public videos he posted under the alias “Sal Tortorella.”
As “Sal,” Wilcox lip-synced to popular hip-hop and pop songs with explicit lyrics and mature references. Sometimes, he recorded videos from the courthouse, including in his chambers or wearing his judicial robes. The complaint says that in at least one of the TikToks — which are no longer publicly available — he was “partially dressed while lying in bed.”
Here’s what you need to know.
Who is Gary Wilcox?
Wilcox, 58, is a graduate of Harvard Law School who presides over criminal cases in Bergen County. He was admitted to the New Jersey Bar more than 30 years ago and has been a Superior Court judge since 2011, according to the New York Times. He isn’t set to reach mandatory retirement age for 10 more years, according to a court spokesperson.
Complaint says judge used ‘poor judgment’ in TikToks lip-syncing to Rihanna and Nas
According to the complaint, Wilcox’s videos “exhibited poor judgment,” undermined public confidence in the judiciary, and violated judicial conduct rules. The judicial conduct committee said 11 of the 40 videos on Wilcox’s TikTok from 2021 through March 4 were “inappropriate.”
Some of the videos the complaint described mirror popular TikTok trends. For instance, in one, Wilcox appeared to be in his chambers and wearing a suit while lip-syncing to a sped-up version of Miguel’s “Sure Thing.” Other songs Wilcox featured included Rihanna’s “Jump” and “Touch It” by Busta Rhymes.
“These are mainstream performers,” Wilcox’s lawyer, Robert B. Hille told the New York Times. “This is music that’s out there in the public. And clearly, it elicits a different response depending on who is listening.”
In one video, Wilcox wore a Beavis and Butt-Head T-shirt while walking through the courthouse as “Get Down” by Nas plays. The complaint says the song contains derogatory lyrics and references a criminal case, courtroom shooting, drugs, and gangs.
Wilcox isn’t the first to join ‘CourtTok’
The investigation will likely involve arguments about free speech. In one video the complaint references, Wilcox can be seen wearing a “Freedom of Speech” T-shirt while lip-syncing to a scene from the movie Next Friday.
“I don’t think that at the end of the day anybody is going to believe there was any desire to do any harm here,” Hille, told the Times. “Hindsight is 20-20.”
The complaint comes as New Jersey’s Superior Court faces a self-described “vacancy crisis” and as lawmakers stress the importance of a diverse bench.
“The idea of diversity is that you have a link to the community, so you have developed a frame of reference,” Hille told the Times.
Wilcox isn’t the first on “CourtTok.” On TikTok, there are several popular courtroom-adjacent accounts.
Judge Frank Caprio, for instance, who oversees the Providence, R.I., municipal court, has more than 67,000 followers and has gone viral on several occasions for his empathetic approach toward cases. Snippets and full livestreams of high-profile cases also perform well on the app (think Gwyneth Paltrow or Amber Heard).
Lawyers have also been quick to build their brands on the app. TikTok user and lawyer @rebmasel, who does not disclose her full identity or location for privacy reasons, built a loyal audience for her viral series on which she narrates outlandish court transcripts.
Still, the protocol for judges’ social media presence — especially on newer platforms such as TikTok — is murky.
Last July, Kentucky State District Court Judge Josephine Buckner in Louisville was disqualified from presiding over cases for protesters charged during Breonna Taylor protests in part because of Facebook posts she shared related to Taylor’s death before being appointed.
And last April, Tennessee Judicial Circuit Judge Jonathan Lee Young was disqualified and his ruling in an opioid case was found to be improper because of past Facebook posts about opioids.
Young told Law360 at the time that an old guard of judges and law professionals don’t understand social media.
”We are stuck in a world right now where we’ve got some young judges who understand social media and some older judges who don’t,” he said.
What happens next?
In Wilcox’s case, the way things shake out could set a precedent for freedom of speech and expression, as well as how social media plays a role in a judge’s conduct and perceived impartiality.
Wilcox has 20 days to submit a response to the complaint, which his lawyer said he was preparing. From there, the committee will schedule a hearing. Potential actions could range from private discipline, a request for the New Jersey Supreme Court to issue public discipline, suspension, or removal from the bench, the state’s complaint procedures say.