NJ's highest court hears 'joking judge' appeal

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Associated Press

Posted on February 26, 2013 at 5:00 AM

Updated Tuesday, Feb 26 at 3:37 PM

TRENTON, N.J. (AP) — It may have been his toughest crowd yet.

In a decidedly humorless proceeding Tuesday, New Jersey's Supreme Court heard arguments over whether a municipal judge can keep his other paying gig as an actor and stand-up comic.

Vince A. Sicari's attorneys argued that the longtime comedian, who performs under the name Vince August, has always kept his identity as a South Hackensack municipal court judge separate, and "there is never mention in either profession of the other."

The 43-year-old Sicari is appealing a 2008 state ethics committee ruling that said he can't continue working as a paid entertainer while working part-time as a judge overseeing things like traffic ticket cases and disorderly persons offenses.

Kim D. Ringler of the state attorney general's office argued in favor of the ban, saying that some of the characters Sicari has depicted — specifically racist and homophobic characters on the ABC hidden camera show "What Would You Do?" — could confuse the public and reflect badly on the judiciary.

"His actions detract from the dignity of his judicial office and may reflect adversely on the judge's impartiality," Ringler said of Sicari's performances.

Sicari's attorney, E. Drew Britcher, countered that the public is able to tell the difference between Sicari's professional demeanor as a judge and his roles as a television and comedian.

"It's important to recognize that whether he be comedian or actor, he is in roles where he is not expressing ... his opinion," Britcher said.

Sicari makes $13,000 a year as a part-time judge. He argues he is equally passionate about each of his jobs, though his entertainment work earns him more income and entitles him to health benefits.

He never cracks jokes on the bench and never lets on that he moonlights as a comic, Britcher said. On stage, he doesn't touch lawyer jokes, the lawyer said.

Britcher said Tuesday that much of Sicari's comedy is derived from nonwork-related personal observations, such as his upbringing as an Italian Catholic.

On Monday night, Sicari headlined at Caroline's comedy club in New York and brought down the house with his acerbic takes on current events, including the scandals surrounding Lance Armstrong and Oscar Pistorius. None of the jokes targeted the legal profession.

Sicari declined to comment after his Monday night appearance or following Tuesday's Supreme Court arguments, other than to say that he loved being a performer.

Sicari has said he got hooked on standup comedy as a young boy after watching Richard Pryor.

"I immediately thought that's what I wanted to do," he said in an interview with NTDTV that appeared online in 2008.

At an early age, he began doing impressions, including one of Vinnie Barbarino, John Travolta's character on the TV show "Welcome Back, Kotter." He said in the TV interview that he remembers telling his parents when he was 12 he wanted to be a comedian. He said their answer was, "You're nuts."

Being a standup comedian requires some of the same skills as being a lawyer, he said. "You have to be very quick on your feet," he said.

New Jersey's Advisory Committee on Extra-Judicial Activities in 2010 reaffirmed its earlier decision that Sicari could not continue as a paid performer or perform for charity events.

Committee members said they were concerned that the "content of his comedy routine could give rise to an appearance of bias, partiality or impropriety or otherwise negatively affect the dignity of the judiciary," according to court papers.

Sicari says he makes hundreds of stand-up comedy appearances a year, including on stage, on network television, as a warm-up for Comedy Central audiences and in film. He's a member of the Screen Actors Guild and other professional performers unions.

Sicari argues in his appeal that he takes both his entertainment and his legal jobs seriously.

"This issue is about a person who affects lives in many ways in two distinct identities," he said in a court filing.

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Follow Samantha Henry at http://www.twitter.com/SamanthaHenry

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