the staff of the Ridgewood blog
Hackensack NJ, the New Jersey Supreme Court has suspended a Bergen County judge from judicial office for three months, following accusations of inappropriate behavior on social media. Judge Gary N. Wilcox was found to have violated three judicial conduct rules by posting a series of TikTok videos that were deemed inappropriate. His suspension, which is without pay, will last from October 8, 2024, to January 8, 2025.
What Led to the Suspension?
The Advisory Committee on Judicial Conduct filed a formal complaint against Judge Wilcox on June 30, 2023, accusing him of posting 40 TikTok videos over a two-year span, from March 2021 to April 2023. These videos featured Wilcox lip-syncing to songs that included explicit content, such as references to violence, sex, misogyny, and racial slurs. Some of the videos were filmed while Wilcox was wearing his judicial robes, and at least one was shot in his chambers.
According to court documents, 11 of these videos were flagged as particularly inappropriate. Wilcox’s TikTok account, which operated under the alias “Sal Tortorella”, was also criticized for featuring the judge in questionable attire, sometimes partially dressed and lying in bed.
The Songs Involved
Among the songs mentioned in the complaint were “Jump” by Rihanna, “Sure Thing” by Miguel, and “Touch It” by Busta Rhymes. The combination of the explicit lyrics and the fact that Wilcox is a judge made these posts particularly controversial, as they were seen to undermine the dignity of the judicial office.
The Court’s Response
Judge Wilcox acknowledged using TikTok but argued that the posts were intended for personal use and not for public viewing. He said he later changed the privacy settings on his account to “friends only” or “followers only” and eventually deactivated the account altogether. In his defense, Wilcox emphasized that the videos were filmed on his personal phone, during personal time, and were never meant to be widely circulated.
Despite these claims, the court found Wilcox guilty of violating several key Code of Judicial Conduct provisions:
- Canon 1, Rule 1.1: Requires judges to uphold high standards of conduct to preserve the integrity and independence of the judiciary.
- Canon 2, Rule 2.1: Mandates judges avoid both impropriety and the appearance of impropriety, acting in ways that promote public confidence in the judicial system.
- Canon 5, Rule 5.1(A): Prohibits judges from engaging in extrajudicial activities that could cast doubt on their impartiality, demean their office, or interfere with their judicial duties.
What’s Next?
While Wilcox’s attorney, Robert Hille, declined to comment extensively, stating, “Because the court has now spoken, we defer to the court,” the case has raised questions about the boundaries of social media use by public officials, particularly judges. The suspension serves as a reminder of the high standards to which members of the judiciary are held, even in their personal lives.
This case also underscores the growing influence of social media and the potential pitfalls it can create for professionals in public-facing roles. As TikTok and other platforms become more integrated into everyday life, the need for careful consideration of what is shared—and how it might be perceived—continues to be paramount, especially for those entrusted with positions of authority.
The Bigger Picture: Social Media and Public Office
The controversy surrounding Judge Wilcox is just one example of the broader challenges public officials face in navigating social media. Judges, in particular, are expected to maintain a level of decorum and impartiality that can be difficult to balance with the informal, and often provocative, nature of social platforms like TikTok. This case highlights the importance of understanding that online actions can have real-world consequences, especially for those in positions of trust and power.
As social media continues to evolve, cases like this will likely lead to further discussions about how public officials can responsibly use these platforms while maintaining the integrity of their offices.
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