James J. Guida

PART 4 ... ... (continued) ... In conclusion, retirement from the bench does not shield a judge from accountability. Judge Guida’s decisions in my case, especially during the hearing on May 17, 2022, continue to reflect a disturbing willingness to disregard precedent, medical evidence, statutory law, and ethical obligations, simply to shield certain parties and their attorneys (and those attorneys’ respective law firms). Judge Guida’s failure to act in line with caselaw and statutes, even after under oath admissions to overt criminal behavior, undermines the legitimacy of the judicial system, and in my instance, it continues to have lasting negative effects on my constitutional and statutory rights. Hence the grievances I recently filed against Judge Guida with the ACJC and OAE. These are just some of the reasons I strongly caution all litigants and attorneys to think carefully before consenting to or appearing before Judge Guida in any capacity. The official and verifiable record in my case speaks volumes. Truthfully, JM MARIOTTI, ESQ., MS P.S. New Jersey courts have long recognized the potential for abuse of the PDVA in matrimonial cases. In Murray v. Murray, 267 N.J. Super. 406, 410 (App. Div. 1993), the New Jersey Appellate Division warned of the “serious policy implications of permitting [certain] allegations … to be branded as domestic violence and used by either spouse to secure rulings on critical issues such as support, exclusion from marital residence and property disposition, particularly when aware that a matrimonial action is pending or about to begin. In State v. Hoffman, 149 N.J. 564, 586-87 (1997), the New Jersey Supreme Court explicitly acknowledged such problems, stating, “[w]e recognize that in the area of domestic violence, as in some other areas in our law, some people may attempt to use the process as a sword rather than as a shield. The judicial system must once again rely on the trial courts as the gatekeeper.” As gate

PART 3 ... ... (continued) ... More recent case law, including S.G. v. D.R.M., No. A-3884-22 (App. Div. Sept. 20, 2024), confirms that such misconduct (i.e., withholding of medication and personal property) can constitute assault under the PDVA when it results in physical or cognitive harm. The case of K.V. v. K.A.S., No. A-3995-23 (App. Div. Mar. 25, 2025), likewise recognizes “coercive control” - including deprivation of basic necessities like medication - as a form of domestic violence. Instead of upholding these clear legal standards, in my instance, Judge Guida focused on whether I submitted an updated CIS and paid pendente lite alimony. He never acknowledged that my prescribed medicine was being unlawfully withheld. He ignored the fact that I had asked for its rightful return multiple times before I was forced to file my emergent motion on May 17, 2022. Judge Guida disregarded the fact that my estranged wife and her attorneys’ withholding of my medicine was not merely unlawful, but rather a criminal act that endangered my health. Judge Guida’s decision to deny my motion on May 17, 2022, was legally indefensible. He essentially endorsed the violation of multiple criminal and civil statutes, which include, but are not limited to, N.J.S.A. § 2C:35-10(a) (unlawful possession of CDS), § 2C:20-3(a) (theft by unlawful taking), § 2C:17-3(a) (criminal mischief), § 2C:33-4 (harassment), and § 2C:35-24 (unlawful possession of prescription legend drugs). Under these applicable laws, my estranged wife and her attorneys’ misconduct constitutes a third (3rd) degree crime, punishable by three (3) to five (5) years in prison and fines of up to $15,000.00. Still, Judge Guida did nothing to discourage such unlawful behavior on and after May 17, 2022. Judge Guida also showed utter ignorance of the well-documented Adderall shortage at the time, which actually continues to be a worldwide phenomenon as date of this negative review. That has been acknowledged by th

PART 2 ... ... (continued) ... Judge Guida egregiously ignored clear contradictions between my estranged wife and her attorney’s written and oral statements made in opposition to my motion seeking the rightful return of my prescribed medicine on May 17, 2022. That attorney, Ms. ALYSSA A. DEFURIA, ESQ. (“Ms. DeFuria”) (formerly of RIKER DANZIG LLP (Morristown, New Jersey), now at EINHORN, BARBARITO, FROST, BOTWINICK, NUNN & MUSMANNO, PC (Denville, New Jersey)), falsely claimed I had never asked for the medicine, and that it was “not” in my estranged wife’s possession. Instead of ordering the return of my medicine, Judge Guida deflected the hearing to unrelated financial matters, asking me about a Case Information Statement (CIS) and pendente lite alimony, which were issues entirely irrelevant to the emergent and undisputed fact that my Schedule II controlled medication was being unlawfully withheld by someone without a prescription or lawful authority to possess it. That was not a minor oversight. It was a flagrant legal and ethical failure by Judge Guida, and especially considering that Adderall is heavily regulated under both federal and state law. Under 21 U.S.C. § 844(a) and N.J.S.A. § 2C:35-10(a), unauthorized possession of such a controlled substance is a serious criminal offense. Yet instead of addressing the admitted criminal conduct, and Ms. DeFuria’s blatant attempts to deceive and mislead the Court, Judge Guida minimized the issue and asked whether the medication was still clinically viable / medically effective, given that it had been in my estranged wife’s possession for at least ten (10) months prior to May 17, 2022. Judge Guida used that as a point of contention, despite him acknowledging on the record that he lacked medical qualifications to make that assessment. Although, according to his online professional profile, Judge Guida was “assigned to the Criminal Division” and presided “over jury trials involving major crimes such as … narco

PART 1 ... JUDGE JAMES J. GUIDA, J.S.C.’s (Ret.) Misconduct re. Return of Physician Prescribed Adderall for ADHD - Multiple Violations of the Canons of Judicial Conduct and RPCs - by JM MARIOTTI, ESQ., MS My name is JM (JUAN-MIGUEL) MARIOTTI, ESQ., MS; and although I am a New York attorney, I write this negative review about JUDGE JAMES J. GUIDA, J.S.C. (RET.) (“Judge Guida”) in my individual capacity as a pro se litigant after I was subjected to deeply prejudicial and legally unsound rulings entered by Judge Guida during my contentious divorce proceedings before the NEW JERSEY SUPERIOR COURT - BERGEN COUNTY, as in part detailed below. Notably, Judge Guida continues to practice law, even if in a limited capacity, after he retired from the bench in late-May 2023. Even then, allowing a former judge to evade responsibility for misconduct such as that discussed below would set a dangerous precedent and undermine public trust in the judiciary. The integrity of the legal system demands a full inquiry and appropriate consequences to prevent similar misconduct in future cases. Hence the formal grievances I recently filed with the ADVISORY COMMITTEE ON JUDICIAL CONDUCT (ACJC) and the OFFICE OF ATTORNEY ETHICS (OAE). The following negative review particularly relates to a hearing Judge Guida presided over on Tuesday, May 17, 2022. Despite my Motion on Order to Show Cause, Judge Guida refused to require my estranged wife to return medicine I sought from my marital home, after my estranged wife falsely accused me of “harassment” under the New Jersey (NJ) Prevention of Domestic Violence Act (PDVA) on Monday, July 12, 2021. The ensuing frivolous and false accusations leveled against me, which were finally dismissed on the merits on Friday, December 17, 2022, were really out of spite by my estranged wife and her [expensive] matrimonial law attorneys, who sought to gain the upper hand in imminent divorce proceedings. That proved to be the case, despite my estran

An arrogant racist can't remember what he said last time Not the only stupid judge in bergen but he sure tries hard to excel at stupid

Pounding on desk. Shouting. Forgets his previous rulings. Allows abuse of women in courtroom by male attorneys. Stupid and a dinosaur. Demoted to family