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But see, it's not that simple. The law in the NJ driver's manual does not make a person who fails to properly change their driver's license a non-resident. It just makes them subject to a penalty for failing to follow the law. That's like saying if I fail to change my address on my driver's license, I don't actually live in my new house.

In your post, you demonstrate exactly why experienced jurists should not be burdened by "public opinion" the way elected officials are. Because even the most impassioned, well-intended popular opinion isn't necessarily equipped to help someone grapple with issues of law-enforcement and justice, particularly where important issues such as voter disenfranchisement are concerned.

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That has always amazed me that some places think it's a good idea to elect judges. I lived in Texas for a while and they do that there. It can be an effective way to eliminate checks and balances.

s_f,

I did not state that my assumption would be the judge would rule in favor of Lopez anywhere in the comment I posted. It is my hope to the contrary. In any event, we all are still awaiting the decision.

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Iwitness, you have point. It just sucks that the public is so powerless against the politicians. Enforcement of the law is our only hope for justice. I don't want judges to be political, I just want him to enforce the law.
The NJ drivers manual clearly states that residents have to change their drivers license within 60 days of moving. She didn?t. So she?s not a resident according to the states own rules.

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Cool thanks for the insulting me. Sorry if I want to do what I can to see that our elected officials are held to higher standards. You could have phrased that in a nicer way, but I guess that's against the rules on JC list.



You're probably correct, but judges are human beings too. Judges do consider public opinion. In any case, I wrote a very respectful letter. Hopefully it will be delivered tomorrow.

Amy's good intentions notwithstanding, skepticalhook is correct that it would be highly inappropriate for a Judge in Gallipoli's position to consider public letter-writing campaigns in deciding this case. He is bound to consider the evidence presented in the case, and to apply the law to the facts, free of political influences from constituency groups.

We're fortunate enough to live in a state where judges don't get elected. Treating them like politicians (which is what Amy seems to want to do) doesn't help them do their job.

Regardless of what any of us think or feel about this case (and I suspect Amy and I think and feel the same way about it), we're only privy to what has been reported in the press. Unless of course Amy sat in court and watched the proceedings.

It would be wholly inappropriate for him to consider your thoughts over evidence, but go right ahead-I'm sure you'll know more about how to decide this than the lawyers and judge, (who is not permitted to consider your ramblings in any event).

Thanks for the info.
Of course no one answers the phone.
I think address is:
595 Newark Avenue, 07306

I'm not sure the Judge will get mail at that address but I will try.

This is what I was talking about:

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Sorry, I did misunderstand what you wrote. I think that someone else in the thread was assuming that the judge would rule in favor of Lopez, but would wait until after the election (tomorrow) to issue the ruling. I personally am not so sure if that is the intention, but his is Hudson County - so who knows?

I included the phone number so that you could call and get the mailing address. It should be the main number for the Superior Court.

No, you misunderstood my post. I want to send him a letter expressing my opinion about the matter. I don't really care how long he takes him to decide. I think he's waiting because he hasn't made up his mind yet. He must be torn. So maybe people in the community can convince him to do the right thing.

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I think that urging the judge to speed things up is like pushing on a string, but here you go:

Hudson County Superior Court Judge Maurice Gallipoli
(201) 795-6000

The article from Jersey City Independent:
http://www.jerseycityindependent.com/ ... ourt-but-no-decision-yet/

Does anyone know the name of the Judge? I couldn't find the name in any of the articles. I'd like to write him/her a letter and would encourage others to do the same. Ignorace of the law is no excuse for breaking it. Also no one can reasonably believe that she didn't know what she was doing is wrong. It would be an outrage if the judge gave her a pass on this. If there was enough community outrage then maybe he would consider the gravity of her actions.

Is Nida voting in New Jersey and Florida tomorrow?

i hope the only thing that the jusdge is deciding is how long she is gonna serve. She is commiting a crime and should betreated as a criminal. Lopez step down. Your a disgrace, plain and simple.

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I'm shocked (mock indignation) that the winner of an election would have any bearing on a court case here in New Jersey....

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I'm getting a bad feeling about this... anyone else?

I wonder what the hold up is regarding the Lopez case. Later this week should mean close of business on Friday yet not even a hint of the ruling. I can't help but wonder if we will be kept in the dark until after Tuesday's election.

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It's past noon on Friday.....

Tick. Tock. Tick. Tock.

Speaking of the passage of time - anyone hear anything on the Jack Shaw autopsy? That must have been one complicated examination.

This is the way of life under Healy and his Team..How sad, but we have no one else to blame except for the idiots of Jersey City who keep voting for Team Healy and the people that don't come out to vote to vote Team Healy out.


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David Chase and Steven Bochco writing together couldn't come up with this stuff. It would be so funny if this circus wasn't costing me 12K a year...

Posted on Mon, Oct. 26, 2009


Trial begins in NJ city council residency dispute
VICTOR EPSTEIN

The Associated Press

JERSEY CITY, N.J. - A newly elected councilwoman fighting to keep her seat after her opponent challenged her residency in the state struggled Monday to recall key events at issue in the case, including the last time she had renewed her out-of-state driver's license.

Jersey City Municipal Councilwoman Nidia Lopez is being sued by one of the candidates she defeated in May, who claims she failed to meet the one-year residency requirement because her primary home was in Orlando, Fla., not Jersey City. They want the election voided and a new race held.

"She hasn't filed New Jersey income taxes since 1994," said Howard Myerowitz, an attorney for plaintiff Norrice Raymaker. "She forgot? She didn't forget to vote to raise taxes for the City of Jersey City."

Hudson County Superior Court Judge Maurice J. Gallipoli is expected to rule later this week on whether Lopez can remain in office.

Lopez has homes in both Orlando and Jersey City. She used the Florida home as her primary residence for tax purposes, thereby qualifying for a state homestead exemption, and the New Jersey home for political purposes.

The designation allows Floridians to avoid paying property taxes on the first $50,000 of a home's appraised value by designating it as their primary residence. Lopez also avoided paying state income tax , Florida has none.

Defense attorney William Northgrave said the disparity was unintentional and occurred because Lopez failed to notify Florida tax officials when she moved her primary residence back to Jersey City after her divorce in 2000. He said Lopez has repaid all the taxes she owes New Jersey and is working to pay back more than $30,000 to Florida.

"Ms. Lopez is looking forward to putting this case behind her and getting back to the people's work," Northgrave said after the proceeding.

Myerowitz painted a picture of a professional consultant gaming the system to avoid paying her fair share of taxes. New Jersey is one of the most heavily taxed states in the nation, while Florida is one of the few with no state income tax. Auto insurance is typically cheaper in Florida, too.

Lopez testified Monday that she couldn't remember the last time she renewed her Florida driver's license. She maintained that stance even after being presented with a copy of her 2006 renewal by Myerowitz.

"If you say so," Lopez said when asked if the document refreshed her memory.

Lopez said she didn't obtain a New Jersey driver's license after moving back to Jersey City in 2000 because she drives only in Florida. Proof of New Jersey auto insurance is required to obtain a state driver's license.

In court documents, Lopez claimed she voted only in New Jersey after 2000. However, Myerowitz said she voted in Florida in 2003 via absentee ballot.

The councilwoman also disclosed that she runs her business from an office inside a Hoboken dental practice, where she trades consulting services for space. When asked by a reporter afte the proceeding if she paid taxes on the value of those bartered goods, as required by the Internal Revenue Service, Lopez raised her hand to her face and walked away.

Lopez won the race to replace disgraced Councilman Steven Lipski in an election riddled with corruption allegations. Lipski skipped re-election after being arrested last year for allegedly urinating on concertgoers in Washington, D.C.

Several members of the Municipal Council have been arrested by the FBI in the past four months for raising campaign contributions in exchange for their help with future permitting requests. Jimmy King, who finished second to Lopez and initiated the lawsuit against her, pleaded guilty last month to conspiracy to commit extortion for accepting $10,000 from a developer secretly working for the FBI.

Raymaker, who finished third in the May race and intervened in the lawsuit after King's arrest, said the residency dispute shows the need for the Hudson County Democratic Party to begin conducting background checks on candidates.

Healy isn?t likely to partake in due diligence because of apathy on the part of the citizen involvement in local politics. Few and far between stand up to the mayor and city council and it?s only the same handful of citizens over and over again who question the practices of our city government.

Regarding Ms. Lopez?s reasoning during her trial, I knew when I relocated to New Jersey that I had to relinquish my Louisiana driver?s license in order to receive a New Jersey license and she did too. Using her membership at a local church to prove residency is also ignorant. I?m still on the roles at a church in New Orleans but I legally reside here in Jersey City. All of her answers regarding where she legally resides are a sham. If she is that ignorant regarding these simple issues of residency as well as just signing legal documents without reading them, she is not qualified to represent the people of Jersey City.

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"Ignorance of the law excuses no man: Not that all men know the law, but because 'tis an excuse every man will plead, and no man can tell how to refute him."

I find it very difficult to believe that she didn't know what was going on (anyone who has ever moved will see that it laid out pretty clearly when you file your taxes.) But even if she didn't know, that should have no bearing on the decision rendered by the judge. Her ignorance should not trample the rights of those who ran legitimately.

Moreover, isn't this like a 101 of due diligence if you were going to add someone to your ticket (read: Healy)

She either knowingly committed fraud, is a dope, or both. Whatever the case if I were in that ward I would be very concerned to have her represent me as her attorney is making her seem as if she is not too bright.

So in her world having a doctor or two in nyc, going to church in nyc and being married to a someone who lives in nyc would make someone eligible to be elected to nyc council even if you file State and Federal taxes in NJ, have a NJ license, vote in NJ, have a primary residence mortgage in NJ, and claim a NJ homestead rebate for that property.

Her attorney has balls of steel arguing that nonsense in court and his client is a dope.

Also, NJ should go after her for back taxes owed if for some crazy reason the judge rules in her favor. Feds should also pay her a visit for voter fraud.

Testimony finished in Lopez lawsuit

[from PolitickerNJ.com, October 27, 2009]

Hudson County Superior Court Judge Maurice Gallipoli will issue a written decision on whether Jersey City Ward C Councilwoman Nidia Lopez can remain in office.

Gallipoli today heard arguments from a lawsuit that challenges Lopez?s residency because she claimed her Orlando, Fla. home as her permanent residence for tax purposes and filed income taxes from Florida, which does not have a state income tax.

Attorney Diana Jeffrey, who with law partner Howard Myerowitz represents the plaintiff, unsuccessful Ward C council candidate Norrice Raymaker, said that she expects to hear the decision soon because judges typically rule quickly in election related cases.

Jeffrey said Lopez explained why she did not pay her taxes in New Jersey.

?Basically she said she didn?t know she had to ? that she had to file taxes from her New Jersey address even though she worked exclusively in New Jersey, and as to the mortgage documents said they say her Florida home was her primary residence,she said she didn?t read them, just signed them,? said Jeffery.

Jeffrey said that Lopez admitted that she renewed her driver?s license in Florida in 2006, and said that she was unaware that she was supposed to get a New Jersey driver?s license if it was her permanent address.

An account of today?s testimony from the Jersey Journal said that Lopez attorney Bill Northgrave tried to establish Lopez's status as a Jersey City resident based on her church membership, her husband?s job as director of family services for Hudson County, and the fact that she?s always sought medical treatment in the Jersey City area.

Reached by phone, Northgrave declined to go into specifics, but said that Lopez is "glad the trial is over, and she wants to get back to serving the people of Jersey City."

"We'll await the judge's decision," he said.

- Matt Friedman

ANSWERS EVERYTHING -- Lopez case judge must decide if it all adds up

Tuesday, October 27, 2009
By MELISSA HAYES
JOURNAL STAFF WRITER

Jersey City Ward C Councilwoman Nidia Lopez took the witness stand yesterday to defend herself in a lawsuit that argues she really lives in Florida and should be booted from office.

Norrice Raymaker, who ran unsuccessfully against Lopez in May, is asking Superior Court Assignment Judge Maurice Gallipoli to disqualify Lopez and call for a special election on the grounds that members of the City Council must be residents of the city for at least a year before they are elected - a qualification Raymaker says Lopez didn't meet.

Gallipoli heard arguments for about an hour and said he would issue a written decision on the matter, but didn't give a timetable.

Lopez admitted not paying New Jersey income taxes despite having a business in Hoboken and said she filed federal income taxes in Florida in recent years, but said it was all done through an accountant.

"I didn't think about it," she said. "When I became aware of it, I paid them in full."

Lopez - the wife of Ben Lopez, director of the county Department of Family Services - said she also didn't recall claiming Florida as her primary residence to get a tax break.

She said she is paying Florida over $30,000 for back taxes and penalties.

"I was getting a tax credit I was not entitled to," she said.

Raymaker's attorney, Howard Myerowitz, argued that Lopez was leading a double life, using her previous married name Nidia Boehringer to get a tax break in Orlando while running for public office as Nidia Rivera Lopez in Jersey City.

"It's disingenuous to have it both ways, she's taking advantage of the system," Raymaker said after court.

Lopez contends she moved to Jersey City in 2000 after a divorce. She said she married Ben Lopez in 2001 and that they live at 66 Corbin Ave. She was elected as a Hudson County Democratic committee member in 2003 and 2008.

Her attorney, William Northgrave, said Lopez is treasurer of her church, Iglesia Presbiteriana Nueva Esperanza; that her doctors are local; and all of the bills for her Florida home are sent to Jersey City.

"The only reason this case got as far as it did, I would submit, is because Mrs. Lopez failed to watch her P's and Q's in terms of property taxes (in Florida)," Northgrave said.

Lopez said she spends about 50 days a year in Florida visiting her children.

But Myerowitz said Lopez officially changed her residence to Florida in 1994 by registering to vote there; registering vehicles there; obtaining a Florida drivers license and paying taxes there.

He said Lopez's failure to pay taxes in New Jersey and change her license until recently is further evidence she considers Florida her home.

Excellent coverage from "JCI":
________________________


Raymaker Gets Her Day in Court, But No Decision Yet

[from "Jersey City Independent," October 26, 2009, 6:00 p.m.]

Lawyers for community activist and former Ward C candidate Norrice Raymaker and that ward?s current councilwoman squared off in court today, but Hudson County Superior Court Judge Maurice Gallipoli declined to issue a ruling in the case, saying he would issue it in writing at an unspecified later date instead.

The suit, which was originally filed by Raymaker?s fellow Ward C candidate Jimmy King, alleges that Lopez?s primary residence is Florida, not Jersey City, and asks the court to vacate the result of May?s election. Raymaker joined the suit in August, and King dropped out after pleading guilty to federal corruption charges.

Lopez, who grew up in Jersey City, moved to Ridgefield Park in 1977 with her ex-husband Karl Boehringer. In 1994, the couple moved to Kissimmee, Fla., and in 1996 they bought a home in Orlando. Lopez testified that she moved back to Jersey City in or around 2001 following her divorce from Boehringer. However, Raymaker?s lawsuit charges that Lopez is disqualified from holding office in Jersey City because she never ?abandoned her domicile? in Florida or ?evidenced her intention to establish a new domicile? in New Jersey.

During her examination by Raymaker?s attorney Howard Myerowitz, Lopez testified that she claimed Florida residency and improperly received a homestead rebate on property taxes there; she said she wasn?t aware of it because she entrusted her tax matters to her accountant. Lopez has paid all her personal property taxes, as well as taxes for her Hoboken-based dental consulting business, in Florida for at least the past three years. Florida does not have a state income tax. Lopez indicated that an attorney she hired in Florida has made arrangements on her behalf to pay additional taxes and fees owed to the state Florida as a result of her improper claim.

During Myerowitz?s questioning, which Judge Gallipoli disapprovingly characterized as ?machine-gun style,? he also claimed that Lopez renewed a Florida driver license in 2006 and voted by absentee ballot in Orlando in 2003. While Lopez testified that she did not recall doing either, she agreed that documents produced by Myerowitz indicated she did. Lopez also confirmed that in 2008 she signed a mortgage refinance agreement for her house in Orlando that identifies it as her primary residence. The house is currently occupied by Lopez?s son.

Lopez?s cross-examination by her attorney William Northgrave consisted of a flurry of documents that he claimed demonstrate that Lopez was domiciled in Jersey City from 2001 on. These included a voter profile indicating she registered to vote in Jersey City in 2001, the certificate of her 2001 marriage to Ben Lopez, medical records for treatment she received in New Jersey, various bills for the Orlando house that were mailed to her Corbin Avenue address and election ballots from 2003 and 2008, years in which Lopez ran for county committeewoman. Lopez also testified that she has served as a commissioner for the Jersey City Parking Authority, although she could not remember the name of the commission without prompting, and stated that she is an active member of Iglesia Presbiteriana Nueva Esperanza on North Street.

With arguments wrapping up today, both sides ? and the Ward C community ? will now wait for Gallipoli?s written ruling. A staffer in the judge?s chambers could not give a definite date when it would be issued.

?The only reason this case got as far as it did was because Lopez failed to mind her Ps and Qs,? Northgrave, referring to her improper tax claim, said during his closing statement. He said that the arguments presented by Myerowitz failed to meet the required standard of ?clear and convincing? evidence that the councilwoman does not live in New Jersey, and he requested the matter be dismissed.

But in his closing, Myerowitz argued that his case met the standard of a ?preponderance of evidence? showing that Lopez has not abandoned her Florida home, or made efforts to establish a new home in New Jersey. Lopez?s actions show that she ?intended to defraud? the state of New Jersey, he said, calling her claims that she didn?t recall any wrongdoing ?ludicrous.? He asked Gallipoli to find in favor of Raymaker and void the results of May?s Ward C election.

After the hearing, Raymaker said Lopez was being ?disingenuous? and called for the Hudson County Democratic Organization (HCDO) ? whose stamp of approval is almost always necessary and sufficient to clinch a win in Jersey City elections ? to ?take seriously their duty to nominate authentic candidates.?

Regardless of the outcome of the case, Raymaker said all candidates should be subject to background checks once certified for the ballot. ?As a community, we can?t afford to keep challenging elections,? she added.

Lopez declined to comment, saying only that she would ?continue to serve the people? of Ward C as she awaits Gallipoli?s decision. But her husband Ben Lopez, who is the director of the county?s Department of Family Services and a former city councilman, was anxious to tell the press what he thought.

?This is a travesty,? he said, ?that you have to prove where you live to people who lost in the election box.?

- Shane Smith

No decision in Jersey City councilwoman's residency case
By Melissa Hayes/The Jersey Journal
October 26, 2009, 11:30AM

Superior Court Assignment Judge Maurice Gallipoli today heard arguments from Lopez' attorney and an attorney representing Norrice Raymaker, who is challenging Lopez' residency.

Raymaker finished third behind Lopez in the council election and contends that Lopez' primary residence is in Florida and therefore should not be allowed to serve in Jersey City. Lopez has not paid New Jersey income taxes in at least three years, but filed federal taxes in Florida during that time. Florida does not have a state income tax.

Lopez' attorney William Northgrave argued that Lopez belongs to Iglesia Presbiteriana Nueva Esperanza church on North Street in Jersey City; has sought medical attention in and around Jersey City; and her husband Ben Lopez works for Hudson County.

Judge Gallipoli said he would issue a written decision.

Raymaker's attorney Howard Myerowitz said he expects the decision to be issued soon.

Well it is doubtful that the trial would last only one day. However, I think you are asking what happens if she loses and then has to vacate her seat.

My understanding is that it would then be like the election never happened and there will be a special election before the end of the year. This is merely my understanding, so I could be wrong.