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. Notably, Judge Guida continues to practice law, even if in a limited capacity, after he retired from the bench in late-May 2023; but 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.

Please see my complete “negative review” of Judge Guida via the following Adobe link:

https://acrobat.adobe.com/id/urn:aaid:sc:US:342ba510-62a6-42c8-9c26-5146717e4c3c

The subject referenced 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.

That proved to be the case, despite my estranged wife admitting on the record on May 17, 2022, that she was still in [unlawful] possession of my physician-prescribed Adderall, a federally regulated Schedule II stimulant used to treat Attention-Deficit/Hyperactivity Disorder (ADHD).

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 … narcotics distribution” as he also “chaired the Supreme Court’s Criminal Subcommittee on Jury Selection” between 2011 and 2019.

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. Please be very aware of Judge Guida.

See also Judge Guida’s negative reviews on “The Robing Room” ...

http://www.therobingroom.com/nj/Judge.aspx?id=5791

Truthfully, JM...

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