A Harvard-trained judge claimed he didn’t know his TikTok was public after posting “inappropriate” videos online.
Gary Wilcox, 59, of New Jersey, was arrested for sharing clips of him rapping songs by Nas, Busta Rhymes and Miguel in bed or in his chambers.
Some of the songs contained racist, sexist and sexual language, and the Judicial Conduct Committee ruled that 11 of the 40 songs it shared were “inappropriate.”
But Wilcox, who used the alias Sal Tortorella between March 2021 and April 2023, claimed he didn’t realize he was allowing anyone to view his content.
New Jersey Supreme Court Justice Gary N. Wilcox, 59, used the alias Sal Tortella and posted up to 40 videos of himself dubbing lyrics from popular rap songs, some of which contain references to violence, sex and contained misogyny
On Friday, he responded with a 21-page verified response to a formal complaint filed against him by the Advisory Committee on Judicial Conduct on July 1.
Disciplinary Attorney Maureen Bauman accused the judge of violating three legal norms.
Wilcox acknowledged his behavior was questionable and “inappropriate,” but claimed it could have been avoided if someone had told him his videos weren’t private.
He now faces a hearing that could lead to a warning or dismissal from the judge’s seat.
The complaint alleged that Wilcox’s decision to publish the TikTok videos demonstrated “poor judgment and disrespect for the judiciary, and an inability to uphold the high standards of behavior expected of judges.”
He has released up to 40 clips of lip-synching lyrics by well-known rappers, including Nas’ “Get Down,” Busta Rhymes’ “Touch It,” and Miguel’s “Sure Thing.”
The New Jersey Supreme Court building where 59-year-old Justice Gary Wilcox resided
Reference was sometimes made to violence, sex, misogyny and racist language. Eleven of the videos were found inappropriate by the Judiciary Committee.
In some videos, the judge can be seen in his judge’s robes. One showed him in bed, others showed him in his chambers.
Wilcox stated in the document, “Defendant admits to having used the platform but does not consider themselves an expert in its use and account personalization.”
He continued, “He didn’t know the meaning of ‘public’ in the TikTok posting context.”
According to court documents, at least 11 of the videos, the lyrics, or Wilcox’s performance “discredited the judiciary.”
In some videos, he filmed himself in courtrooms or inside the courthouse, in judge’s robes or “lying in bed partially clothed.”
Pictured: Busta Rhymes and Nas during a 2006 event held in the capital, New York
Wilcox took the recordings on his personal cell phone and in his free time when he was not at work.
He believed that “the setting made it possible to look beyond himself and include family, friends, and people trying to connect with him that he allowed.”
“He never intended the post to be widely available,” but later changed the title of his videos to “Friends Only” or “Followers Only.”
His TikTok account is no longer active and he stated in the court document that he has no plans to renew the account.
It’s unclear exactly who filed the complaint against Wilcox, given that he had few followers or if his videos prior to the July 1 complaint had any effect.
Wilcox’s attorney, Robert Hille, told NewJersey.com, “We have no idea who filed the complaint.” He added, “We don’t believe there was any underlying motive.”
Wilcox, a Bergen County criminal judge, has been a Superior Court judge since 2011 and was admitted to the New Jersey bar more than three decades ago.
Regarding the allegations leveled against him, Wilcox argued that any disciplinary action “should not be greater than a reprimand.”