text:
Hotel Stücki Basel, Basel
- Free WiFi
Main amenities
- 144 smoke-free guestrooms
- Restaurant and bar/lounge
- Breakfast available
- Fitness center
- Self parking
- Business center
- Terrace
- 24-hour front desk
- Coffee/tea in a common area
- Air conditioning
- Daily housekeeping
- Front desk safe
For families
- Free cribs/infant beds
- Playground on site
- Rollaway/extra beds (surcharge)
- Private bathroom
- Free toiletries
- Terrace
What's around
- Heart of Basel
- Messeturm Basel (1.2 mi / 1.9 km)
- Basel Town Hall (1.8 mi / 2.9 km)
- Spalentor (1.9 mi / 3.1 km)
- Basler Muenster (2 mi / 3.1 km)
- Basel Historical Museum (2.1 mi / 3.4 km)
Hotel Stücki Basel, Basel
Hotel Info: 866-539-8117from $83
- Comfort Room, 1 King Bed
- Twin Room
- Standard Room (Room for 5)
- Family Room
- Triple Room
- Standard Room, 1 Queen Bed
More great choices
At a glance
Key facts
Hotel size
- This hotel has 144 rooms
- This hotel is arranged over 6 floors
- Check-in time starts at 2 PM
- Check-out time is noon
Required at check in
- Credit card or cash deposit required
- Government-issued photo ID required
- Minimum check-in age is 18
Travelling with others
- Up to 2 children (6 years old and younger) stay free when occupying the parent or guardian's room, using existing bedding
- Pets allowed *
- Up to 10 lb
- Free WiFi and wired Internet access in public areas
- Free WiFi and wired Internet access in rooms
- Self parking *
Other information
- Smoke-free property
Nearby Three Star Basel hotels
In the hotel
- Buffet breakfast daily (surcharge)
- Restaurant
- Bar/lounge
- Coffee/tea in a common area
- Fitness facilities
- Free bicycles on site
- Playground on site
- Hiking/biking trails nearby
- Business center
- Meeting rooms 5
- Conference space size (feet) - 200
- Conference space size (meters) - 19
- 24-hour front desk
- Dry cleaning/laundry service
- Laundry facilities
- Hair salon
- Luggage storage
- Multilingual staff
- Number of buildings/towers - 1
- Year Built 2009
- Elevator/lift
- ATM/banking
- Safe-deposit box at front desk
- Terrace
- Television in common areas
- Accessible bathroom
- In-room accessibility
- Roll-in shower
In the room
- Air conditioning
- Coffee/tea maker
- Blackout drapes/curtains
- Soundproofed rooms
- Premium bedding
- Sleep Number by Select Comfort mattress
- Private bathroom
- Shower only
- Free toiletries
- Hair dryer
- 80-cm flat-screen TV
- Satellite TV channels
- Desk
- Free newspaper
- Free WiFi
- Free bottled water
- Daily housekeeping
- In-room safe (laptop compatible)
Top Basel hotels
Recently reviewed hotels in Basel
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"The room was very quiet for being in the old town. I was happy about that after having a long flight. The staff was very helpful and informative about the area."Nov 19, 2016
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Special features
DiningBlock House - This restaurant serves lunch and dinner.
Bar Business Lounge - This bar specializes in international cuisine and serves breakfast, lunch, dinner, and light fare. Open daily.
Food Corner - This restaurant specializes in Mediterranean cuisine and serves breakfast, lunch, and dinner. Open daily.
Hotel Stücki Basel, Basel's small print
Also known as
- Best Western Hotel Stuecki
- Best Western Hotel Stuecki Basel
- Best Western Stuecki
- Best Western Stuecki Basel
- Stuecki
- Hotel Stücki Basel
- Hotel Stücki
- Stücki Basel
- Stücki
Mandatory fees
You'll be asked to pay the following charges at check in or check out:
- A tax is imposed by the city: CHF 3.50 per person, per night
Optional extras
Self parking costs CHF 16 per night
Rollaway beds are available for CHF 20 per night
Buffet breakfast is offered for an extra charge of CHF 19 for adults and CHF 10 for children (approximately)
Pets are allowed for an extra charge of CHF 20 per pet, per day
We have included all charges provided to us by this hotel. However, charges can vary, for example, based on length of stay or the room you book.
Recent reviews
Outstanding 4.6 /5 from 175 reviews
modern, new hotel, very comfortable. Somewhat on the outskirts but good public transportation options and great parking.
Blah. Cold room, bathroom was fine, although hair dryers didn't work. Mostly clean but it all felt a little cheap. Noisy room not near any tourist sites.
Wonderfully comfortable hotel for a quick weekend getaway. The hotel is close to public transport so getting downtown is a breeze. The service was great. The hotel staff was friendly and helpful.
Was there for a trade show and a convenient shuttle took us to Basel fair daily. Easy free pass on tram brought us back nightly. Nice restaurant attatchme and shopping center with grocery store, etc. Room was modern and nice, but pricey at $538.00 nightly. This wasn't a luxurious five star property!
We were in town on business and traveled back and forth to Allschwill. The tram service was convenient. We trammed into town for dinner. Hotel was very quiet
Is the description of this hotel not correct? Tell us


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Assigned Reading: I agreed to be a suicide bomber
(FROM: BBC News)
Ever wonder where suicide bombers come from? Well here's one thing you should know: they aren't always volunteers.
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They beat me hard for five days. I wasn't given any food. While they were beating me I agreed to become a suicide bomber. They separated me from the other boys.
Even after agreeing to kill himself the young man was heavily drugged before they finally put a suicide vest on him and sent him to the mosque of a cleric who had condemned the Taliban. The young man refused. He eventually escaped from the Taliban and returned to his home. Now?
I want to join the army because they are the defenders of the land. They are fighting for the right cause. I want to fight against the Taliban. I have no other intention except to defend my country. The Taliban should be eliminated.
I want to tell the Taliban that they are cruel, and what they did to me was unjust. I can't kill innocent Muslims.
I am not afraid of them. I am only afraid of God. I am answerable only to Him.
Afghanistan needs more such young men.

subset: commoncrawl


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Wide Sargasso Sea
Release Date: January 1st, 2006
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An Englishman (Rafe Spall) and a Creole heiress (Rebecca Hall) form a relationship in 19th-century Jamaica.
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your comments review this restaurant and win a bottle of champagne
Our small family of 3 visited the Duke of Cambridge purely based on the fact that we only eat organic food. The food was absolutely amazing. at the time we were meat eaters (November 2013) now September 2014 booking a Christmas lunch there for the 3 of us plus more! Everything was delicious. The only change that will be made is that we will be ordering only vegetarian food- if possible vegan :) Great food no doubt, experience it for yourself! Our 2 year old loved it too!
Comment on this reader review
Musama Heppell
Overall rating
Food 10 | Service 8 | Atmosphere 10 | Value for money 10
Sunday, September 21, 2014
i have to agree with the other review, this place is way overpriced for below average quality, while the staff are very pleasant.
Comment on this reader review
Overall rating
Food 2 | Service 7 | Atmosphere 6 | Value for money 2
Thursday, January 30, 2014
Sorry but I don't agree, this restaurant represents rip off britain at its very worst.
Two runny tasteless curries with soggy basmati rice for £32!!
Awful, avoid it at all costs
Comment on this reader review
Jez Clinch
Overall rating
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Tuesday, January 21, 2014


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Oncofertility is a specialty that bridges the disciplines of reproductive endocrinology and infertility and oncology, with the goal of expanding the reproductive options of cancer patients. Given fertility risks associated with specific cancer treatments, as well as the improved long-term survival made possible by these therapies, there has been growing interest in expanding reproductive options for cancer patients. Indeed, both cancer survivors and the medical community have acknowledged the importance of patient counseling and the pursuit of fertility preservation options prior to starting cancer treatment.
DETTAGLI PRODOTTO torna su
Titolo: Oncofertility Medical Practice - Clinical Issues and Implementation
Autori: Gracia - Woodruff
Editore: Springer Verlag
Volume: Unico
Edizione: 2012
Lingua: Inglese
Pagine: 518


text:
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New Jersey Supreme Court
Decided: June 28, 1965.
CAPE MAY COUNTY BAR ASSOCIATION ET AL., PLAINTIFFS-RESPONDENTS,v.JOHN LUDLAM, DEFENDANT-APPELLANT
For affirmance -- Chief Justice Weintraub, and Justices Jacobs, Francis, Proctor, Hall, Schettino and Haneman. For reversal -- None.
[45 NJ Page 123]
The Cape May County Bar Association (later joined by the New Jersey State Bar Association, as intervening plaintiff) brought suit against John Ludlam, charging that he is not a licensed attorney; that he engages in the preparation of legal instruments for others; and that such conduct is unlawful and constitutes the illegal practice of law.
From a summary judgment in favor of plaintiff, permanently enjoining defendant from "engaging in the practice of law by drawing bonds, mortgages, deeds, warrants, releases of mortgages, affidavits and other legal instruments" and further enjoining him "from holding himself out as carrying on and from carrying on a conveyancing business," defendant appealed to the Appellate Division. This Court certified the
[45 NJ Page 124]
matter on its own motion before argument there. R.R. 1:10-1.
The facts are not in dispute. The defendant is the third generation of Ludlams who have searched and abstracted titles, sold title insurance and prepared deeds, bonds, mortgages and other legal instruments in Cape May Court House, New Jersey. The defendant graduated from the University of Virginia and attended one year of its law school. Since his father's death in 1957 he has been the sole proprietor of the business, which he categorizes as a "title searching and conveyancing business." The defendant admits that part of the complaint which charges:
"5. Defendant in the course of his business at the said place draws deeds, bonds, warrants, mortgages, releases of mortgages, affidavits and other legal instruments. In addition defendant carries and holds himself out as carrying on a general business dealing with the conveyancing of real estate. From time to time defendant charges a consideration for the aforesaid services.,"
but denies that such acts constitute the unauthorized practice of law. Any merit there might have been to such a contention was foreclosed by this Court in New Jersey State Bar Ass'n v. Northern N.J. Mtge. Associates, 32 N.J. 430, 444 (1960), where we held that:
"The drawing of legal instruments [ e.g., bonds and mortgages] by the Title Company for others (particularly, where as here, it is compensated) is clearly within the traditional definition of the practice of law and nonetheless so where the drawing consists in the filling in and completion of legal forms."
See also Jeffcott v. Erles, 84 N.J. Super. 70, 74 (Cty. Ct. 1964).
The practice of law embraces the art of conveyancing, e.g., Washington State Bar Ass'n v. Washington Ass'n, 41 Wash. 2 d 697, 251 P. 2 d 619, 628 (Wash. Sup. Ct. 1953) (concurring opinion); Grand Rapids Bar Ass'n v. Denkema, 290 Mich. 56, 287 N.W. 377, 381 (Mich. Sup. Ct. 1939); In re Opinion of the Justices, 289 Mass. 607, 194 N.E. 313, 317
[45 NJ Page 125]
(Mass. Sup. Jud. Ct. 1935); Childs v. Smeltzer, 315 Pa. 9, 171 A. 883, 885 (Pa. Sup. Ct. 1934), which has been defined as
"A term including both the science and art of transferring titles to real estate from one man to another." Black, Law Dictionary (4 th ed. 1951).
That aspect of conveyancing encompassing the drafting of legal instruments has, at least in the context of the Northern New Jersey case, been proscribed to all but licensed attorneys. To the extent that such services are performed by defendant (a non-lawyer conveyancer), who realistically carries on the same functions as did the Title Company in the above case, they necessarily constitute the unauthorized practice of law.
The defendant seeks to avoid the above conclusion by urging that at English common law the conveyancer's profession was recognized as separate and distinct from the practice of law; that that common law is a part of our state law; that public policy in the United States and the State of New Jersey has been to recognize the independent profession of conveyancing and that for all these reasons a "conveyancer" may engage in what might otherwise be the practice of law. Such an argument is unsound, seeking as it does to make the distinction turn on who performs the service rather than upon the inherent nature of the act itself. Cf. Stack v. P.G. Garage, Inc., 7 N.J. 118, 120 (1951). This Court has the sole responsibility for determining what constitutes the practice of law, New Jersey Constitution of 1947, Art. VI, § II, par. 3; New Jersey State Bar Ass'n v. Northern N.J. Mtge. Associates, supra, 32 N.J., at pp. 436, 446; N.J. State Bar Ass'n v. Northern N.J. Mortgage Associates, 22 N.J. 184, 198 (1956), and we have held that admission to our bar is a privilege granted in the interests of the public, for the purpose of protecting the unwary and the ignorant from injury at the hands of persons unskilled or unlearned in the law, as determined by this Court's requirements of prior education and passage of the bar examination. New Jersey State Bar
[45 NJ Page 126]
Ass'n v. Northern N.J. Mtge. Associates, supra. 32 N.J., at p. 436; N.J. State Bar Ass'n v. Northern N.J. Mortgage Associates, supra, 22 N.J., at p. 195; In re Baker, 8 N.J. 321, 338 (1951); Auerbacher v. Wood, 142 N.J. Eq. 484, 486 (E. & A. 1948). In view of that purpose we have no difficulty in concluding that, despite what might have been the status and domain of a "conveyancer" at common law, see 12 Holdsworth, A History of English Law 70-72 (1938), such a function is, today, insofar as it involves the preparation of legal instruments for others, within the exclusive realm of the legal profession. The exercise of judgment in the proper drafting of legal instruments, or even the selecting of the proper form of instrument, necessarily affects important legal rights. The reasonable protection of those rights, as well as the property of those served, requires that the persons providing such services be licensed members of the legal profession.
The foregoing is also dispositive of defendant's contention that he has been denied a property right without due process. Since we herein hold that he has been practicing law, a right to engage in which he never had, he has been deprived of nothing. Furthermore, even assuming that one had at one time a right to "practice his profession of conveyancing," such activity can be prospectively regulated in the public interest without being violative of due process. Cf. Nebbia v. People of State of New York, 291 U.S. 502, 525, 54 S. Ct. 505, 511, 78 L. Ed. 940, 950 (1934); Ferguson v. Skrupa, 372 U.S. 726, 83 S. Ct. 1028, 10 L. Ed. 2 d 93 (1963), reversing 210 F. Supp. 200 (D. Kan. 1961); American Budget Corp. v. Furman, 67 N.J. Super. 134 (Ch. Div. 1961), affirmed o.b. 36 N.J. 129 (1961).
Judgment is affirmed.
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When 100 people 'were forced to' dip hands in boiling oil
BJP-leaning candidate held for testing voters' loyalty
To prove that they had voted for a candidate who lost the gram panchayat elections, 100 people were allegedly forced by him and his campaign manager to put their hands in boiling oil in north Gujarat's Sabarkantha district on Tuesday night.
Though the gram panchayat elections were not fought on party symbols, the candidate, Dinesh Parmar of Deria village in Bayad taluk, 40 km from Ahmedabad, is believed to have leanings towards the BJP.
District Superintendent of Police Chirag Koradiya said: "Over 25 persons dipped their hands in boiling oil to prove to the lost candidate that they had indeed voted for him and were treated by a team of the Health Department on Wednesday."
Local sources, however, told The Hindu that more than 100 people were forced to do so.
The candidate's campaign manager, Amrut Laxman Parmar, allegedly tried to get the entire village into this act, saying their hands would not be burnt if they had voted for Dinesh Parmar.
Dinesh and Amrut Parmar were arrested on Wednesday.
"Amrut Parmar called us to the village temple and asked us to dip our hands in boiling oil to prove that we had voted for Dinesh Parmar," said Gopal Parmar. "Since we had voted for him, we had no problem, and we put our hands in the oil but we were hurt."
He claimed that his mother Panchhi Parmar died of heart attack after undergoing the test. But Mr. Koradiya denied it. "There was a natural death in the village on Tuesday night, but this is not connected to the incident; we would have otherwise charged them with murder."
Chief Minister Narendra Modi has praised the police for the prompt action and said an investigation was on.
Mahendrasinh Vaghela, son of Congress leader Shankersinh Vaghela, visited the area on Wednesday and berated Dinesh Parmar.
Social scientist Achyut Yagnik said such incidents recurred in rural areas, while the killing of women thought to be witches was a more regular phenomenon.
Manishi Jani, a member of the Rationalists Association, pointed to a recent incident reported from south Gujarat, in which an old woman and her daughter were forced to dip their hands in boiling oil to prove that they were innocent of a theft. "Most such cases… are a sequel to cases of thefts."
"The killing of women for their property after they are declared witches is quite common in the tribal areas of central and parts of south Gujarat. At least three cases are reported every year," he says.


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Liverpool and Chelsea came out top of a list released showing how much money Premier League clubs paid to agents in the last 12 months.
Between the top 20 teams in English football, more than £67 million was paid to agents, £3 million down from last year.
Chelsea topped the list, spending £9.29 million, with Liverpool, a club struggling under the burden of huge interest payments to service their existing debt, coming in just behind having spent £9 million.
With agents fees paid equally over the length of a players contract, the drop in transfer fees was not equally represented in a drop in agents fees.
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2. Liverpool £9,032,528
3. Manchester City £5,952,261
4. Tottenham Hotspur £5,361,229
5. Sunderland £4,421,990
6. Arsenal £3,660,199
7. Everton £3,599,040
8. Bolton Wanderers £3,549,316
9. West Ham United £3,419,089
10. Wigan Athletic £2,461,500
11. Newcastle United £2,417,776
12. Manchester United £2,312,726
13. Aston Villa £2,279,536
14. Stoke City £2,196,968
15. Fulham £2,087,373
16. Blackburn Rovers £1,623,232
17. Birmingham City £1,518,529
18. Wolverhampton £1,291,794
19. West Bromwich Albion £614,195
20. Blackpool £45,000


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Baku. 23 August. REPORT.AZ/ 'The room, where we accommodated in Rio, was of three meters in length and two meters in width. We were to keep all our things, sculls, used during the trainings, in this room.
Report informs, Rio 2016 participant, Ukrainian canoeist Dmitry Yanchuk said.
Expressing his dissatisfaction over the condition at the Olympic Village, the athlete also complained about the lack of space in the room. He said that conditions established during Baku 2015 European Games were much better: 'Last year we visited Azerbaijan. European Games were organized at high-level. Rio de Janeiro is a city located in the jungle. But the great desire to be here'.
Notably, Taras Misuka and Dmitry Yanchuk won the bronze medal at C-2 1000m.
Kayaking and canoeing competitions during I European Games were held at Kur Olympic and Rowing Center in Mingachevir.


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We were visiting friends less than a half mile away so we were not expecting much even with all the good trip advisor reviews. We were pleasantly surprised and feel we can safely say we stay no where else when visiting Orange County again. Our room was large and the bed was the super comfy and not just on hotel standards - it was a good bed. And good pillows which is such a rarity in hotels. Parking was easy and it was great to wake up and get a cup of coffee and cereal from the breakfast bar and sit looking at the ocean. For those not familiar with this part of southern CA be warned that you are right on PCH and right across from the train tracks. But so are most of the other places so do yourself a favor and stay here.
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When should you really order those textbooks? Tips so you don't waste time or pizza money
It seems like there are typically two types of students: the planners and the procrastinators. When it comes to ordering your textbooks, is it better to be one of these over the other? Not necessarily. Everyone can win in this case, and we'll explain how.
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Lodge | Havelock North | #22844
Mana Lodge is an exclusive use, self-catering, country estate seated in amongst the rolling hills of the beautiful Poukawa Valley, Hawke's Bay on New Zealand's sunny East Coast. Located just 40 minutes from Napier Airport and 15 minutes from Hastings and Havelock North the property is a wonderful choice for a peaceful, private and relaxing holiday at any time of the year and an excellent rural base for exploring the many attractions of this much loved region renowned for its authentic food and wine experiences.
Mana Lodge is a handsome and elegant country home with a fusion of contemporary and farmhouse flavours whilst still retaining a cosy sense of welcoming with the comforts of a private home. With 47 acres of exquisite park-like, landscaped gardens and sweeping manicured lawns this idyllic estate offers guests an exclusive, gentrified retreat from the world - a private haven in which to recharge, re-energise and unwind whilst creating magical memories that will surely endure for a lifetime.
Special conditions: Children must be supervised at all times. There is a a fenced swimming pool however there are open ponds on the property and electric fences. From time to time there may be sheep grazing on exterior parts of the property. Smoking allowed outside only. Events available on request at an additional fee depending on the event and number of people. Conditions apply. Prices include GST (a GST invoice can be provided)
Bedroom 1. Master with ensuite
1 x Super king bed
Bedroom 2. large room with balcony
2 x Queen bed
Bedroom 3 ensuite bathroom
1 x Queen bed
Bedroom 4.
1 x Queen bed
Bedroom 5.
1 x Bunk bed
1 x Queen bed
Bedroom 6. Smaller room
1 x Double bed
Multi-night stay: Get 1 FREE night when you stay for 4 nights or longer. Not valid for periods where a last minute discount applies. Free night applies to lowest priced night.
|Rate period
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08-Dec-16 to 29-Apr-17
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01-May-17 to 30-Oct-17
|2 night minimum stay
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31-Oct-17 to 08-Mar-18
|2 night minimum stay
*Pricing may vary depending on the dates you choose and the number of guests. Additional charges (extras) and minimum stay criteria may also apply. Bookings paid for through Bookabach online payments incur a 3% credit card transaction fee.
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This local Lexus ES300 comes well equipped with a cream leather interior, sandstone beige metallic exterior, heated and power adjustable front seats, keyless entry, power sunroof, power windows, power mirrors, climate control, air conditioning, 6 disc CD changer, 16 alloy wheels, and has a 3.0L V6 engine producing 188hp / 203ft-lbs paired to a 4 speed automatic transmission
We have the CarProof document for your viewing, a 150 point inspection report, both sets of keys, as well as the factory books for this vehicle
For further questions or for an appointment to come see the vehicle, please contact PS Motors/Granville Island Auto Centre at 604-732-9722. We welcome all trades and have financing options available on select models
Please note there will be a $295 documentation fee as well as any applicable taxes applied to the selling price of the vehicle
DL#10566 Contact PS Motors/Granville Island Auto Centre Trades welcome, Financing available. Toll Free 1-877-794-9594 DL#10566
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Ratings based on 136 Verified Reviews
They paid and stayed. We double-checked.
4.3 Room cleanliness
4.2 Service & staff
3.9 Room comfort
4.0 Hotel condition
Expedia Verified ReviewsThey paid and stayed. We double-checked.
by A verified traveler
Nice Room, But No ViewPosted Feb 5, 2015 on Hotels
Hotel Verite is a good choice for those with moderate budgets. It isn't fancy, but not no frills, either. The staff was friendly, the facility clean, and the room was not cramped. My only complaint was that my room lacked a window. I suppose one gets what one pays for, but I wish I knew that fact before I booked.
by KIMBERLY
Posted Jan 23, 2015 on Hotels
by Rebecca from Melbourne
lovely stay!!Posted Jan 20, 2015 on Hotels
Very close to the Flatiron Building and subway stations, walking distance to Timesquare. A little further and you will reach 911 Memorial or Central Park (or via the subway). Hotel was lovely and staff were very helpful. Beautiful, tidy, professional-looking room. :) would recommend
by Junho from Austin, TX
Location is perfect but an average hotelPosted Jan 17, 2015 on Hotels
Stayed 3 nights and the hot water did not work two of those evenings. Non-HD/Limited TV channels. The water pressure was also very low. Complimentary bottle of water is only provided the first night. The hotel is located very close to Union Sq, madison sq park and fifth ave where there's a lot of dining and shopping options. Overall, a 2-3 star rating for my stay.
by Aaldert from Phillipsburg, NJ
Friendly small hotelPosted Jan 11, 2015 on Hotels
This is the first time I booked this hotel and was pleasantly surprised. It is very conveniently located close to Union Square. The rooms are decent sized and the beds are absolutely excellent. Well equipped and clean room, large flatscreen TV, nice bathroom.
by Francisco from Mexico
Dificil de Superar, gran eleccion de HotelPosted Jan 5, 2015 on Hotels
Insuperable la ubicación, la comodidad de las camas, y el servicio, no hay ningun tipo de queja, fue un gran acierto elegir este hotel.
by A verified traveler
Posted Dec 18, 2014 on Hotels
by Joyce from Boston
Quiet locationPosted Dec 7, 2014 on Hotels
A very accommodating and courteous staff.
by katherine from Hong kong
Clean basic hotel w gd mattressPosted Dec 3, 2014 on Hotels
Korean run, clean but a bit dim lighted, AC only hv heat n it was way too hot cant adjust the temperature that i hv to kept it off at all times. It would help for locating the hotel if they hv a sign that pokes out from the entrance
by David from Ellenton, FL
Nice stay at the VeritePosted Dec 1, 2014 on Hotels
Very Friendly Staff, Clean Room, nice and Cosy.


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431 North Hanover St Charleston SC 29403 MLS# 1102513
1102513 - Residential real estate
Charleston, SC
Nice older Charleston home with 4 full bedrooms, 2.5 bath, laundry closet, large family room and dining room. Front and rear porches for sitting out on summer nights. Convenient to all of downtown locations.
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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Term Paper:
(Paul, 2005) In fact, the AAPC survey found that African-Americans, devout evangelicals, people without a college degree, the elderly and people age 18 to 29 are most likely to fear that a professional counselor won't take their religious beliefs into serious consideration when treating them. (Paul, 2005)
People come to Christian counselors for two reasons," commented Randolph Sanders, executive director of the Christian Association for Psychological Studies, an association of Christians in mental health and behavioral sciences. "One is faith perspective; they want a therapist who resonates with their worldview. The second is moral ethics; they want a counselor who understands what guides their decisions." (Paul, 2005)
Christian counseling, more than secular counseling, has the ability to present a starkly positive viewpoint. In fact, the origins of Christian counseling were planted in the clergy, whom parishioners historically consulted about emotional and spiritual well-being and health.
According to Paul, The progenitors of faith-based counseling may well have been psychologist William James, Freudian psychiatrist Smiley Blanton and Norman Vincent Peale, the New York preacher and apostle of self-esteem whose widely broadcast sermons and 1952 best seller, "The Power of Positive Thinking," asked people to realize their psychological potential.
With this new focus on Christian counseling, change came quickly to the AAPC. In 1957, some 42% of Americans sought counseling for their personal problems from the clergy. Even today, the amount of time clergy spend counseling parishioners is equal to that of all members of the American Psychological Association practicing 35 to 40 hours per week. (Paul, 2005)
As a bottom line, the church is called on to care for persons in need. But this is generally interpreted as only physical needs. What do faith communities and their leaders offer those who need physical, psychological, and spiritual healing? What is the role of pastoral counseling in the church's ministry of pastoral care?
Today, overwhelmingly, the answer is a combination of psychology and theology. Kelcourse's research supports this assessment: "North American pastors and congregations typically encourage their members to seek medical treatment for physical illness while providing visitation and intercessory prayer. Pastors and elders are less likely to refer members to counselors, treatment centers, and twelve step programs for psychosocial/spiritual problems such as depression, marital discord, parenting difficulties, post-traumatic stress, and addictions. Mental health care is sometimes viewed with suspicion as being individualistic, based on a secular belief system not in keeping with the gospel. While such concerns may occasionally be justified, this essay focuses on the role of pastoral counseling as a healing resource for the church, fully compatible with the life of faith." (Kelcourse, 2002)
The Christian church's historical response, especially in America, to the need for healing, whether physical, psychological, or spiritual, has focused on the redemptive power of the gospel, specific practices of pastoral care, spiritual direction, "the cure of souls." (McNeill, 1977)
Christian counseling is generally undertaken by practitioners who may or may not be ordained, with distinct connections to recognized congregations that include experience in community leadership. A Christian counselor's practice of psychotherapy is, as follows logically, theologically grounded, informed by psychological theory, and tempered through supervised clinical experience, as mandated for membership in the American Association of Pastoral Counselors (AAPC). (www.aapc.org) In fact, Christian counseling is a particular ministry within the large gamut of the church's outreach to its patrons, just as completely trained chaplains are nationally recognized specialists in pastoral care. (www.aapc.org)
But Kelcourse asks the question that is central to his paper: "What does it mean to say that the pastoral counselor's work is "theologically grounded"? Pastoral counselors hold the values of their faith tradition to be normative for their work. This is in contrast to a secular model of counseling that may view self-actualization and personal fulfillment as the highest goals of health, disregarding at times the necessary relational claims that family and community covenants place on individual lives. Like marriage and family therapists, pastoral counselors give attention to relational responsibilities -- love of neighbor, love for self - as essential to human wholeness." (Kelcourse, 2002)
However, on the other hand, Christian counselors also possess a uniquely theological bent: In other words, they view and analyze life's stories and encounters and experiences in the context of God's love and justice as revealed through biblical scripture and the actual practices of religious - Christian -- communities.
Christian counselors acknowledge the existential relevance for all persons of theological categories such as "ultimate concern" or "Ground of Being," with or without a consciously identified covenant relationship with God. (Tillich, 1951)
Indeed, that leaves the most pressing role belong to Christian counseling specialists in the life of the church as support of congregations and their leaders in their ministries of health and healing. Health is more than physical well-being, and it is the Christian counselor's calling to combine theology and psychology to establish that not only to the patient, but to the church as well.
Christian counseling combines integrity, right relationship with self, others, and God. As Kelcourse concludes, "Healing is the redemptive work of God through grace and by people of faith as co-creators of shalom, peace founded on justice and relational harmony. Given these definitions, how does the work of pastoral counseling promote health and healing? A look at the actual pastoral care demands placed on leaders and congregations suggests the kind of support needed and the ways pastoral counselors are equipped to respond." (Kelcourse, 2002)
Applying These Findings To The Role Of A Christian Counselor
It is one thing to acknowledge the inexorable link that must exist between theology and psychology in successful Christian counseling; it is entirely another thing to implement and practice it.
Bluntly put, being a Christian counselor means not only establishing the need of faith-based psychology to the patient, but to the church too. Being a Christian counselor can indeed be a lonely job. As Kelcourse points out, well-intentioned laity, family, and friends do not always understand the professional responsibilities of Christian counselors. In fact, the woes of ministers overwhelmed by the demands of their role include children who get into trouble, affairs, divorce, depression, exhaustion, addictions, and loss of faith. Is it any wonder at all, then, that by their third job after ordination 37% of women and 26% of men are no longer serving in congregational settings? (Zikmund, 1988)
According to Kelcourse's research, "Pastoral counseling specialists support congregational leaders through consultation, supervision, referrals, and denominational "nurture and certification" committees as well as offering personal support for the minister and his or her family. Every minister could use a pastoral counseling consultant with whom to be in dialogue about their own needs and the needs of the congregation, in the same way that pastoral counselors and chaplains receive on-going supervision. What frequently stops ministers from seeking support is a "god complex" - the belief that while the minister should be prepared at all times to meet the needs of others, ministers do not or should not need support for themselves. To deny one's own legitimate human need for support and encouragement in such an emotionally demanding profession is to fail to model the appropriate self-care ministers encourage for their members." (Kelcourse, 2002)
The Christian counselor has three callings, then, according to the research presented in this paper:
Establish to the patient that a religious perspective on problems is not only "okay," but in some situations and in some patients, favored.
Establish to the church that funding for Christian counseling is critical to the completion of the church's mission: help with both physical an mental healing of parishioners.
Ensure that any prescription of medication is in full compliance with the AAPC's guidelines; if any doubts arise, referral to a secular counselor may be appropriate.
In the post-9/11 world, the role of the Christian counselor is undeniable and rapidly accelerating. As a result, Christian counselors such as myself have heightened responsibilities to this new found "profession," not only to our patients. We must simultaneously heal our patients while demonstrating to the church and the world at large that our methods of healing are legitimate and this recent surge in popularity is one that is justified by psychologically sound results.
Tillich, Paul. 1951. Systematic Theology, vol. 1. Chicago: University of Chicago Press.
Friedman, Edwin. 1985. Generation to Generation: Family Process in Church and Synagogue. New York: Guilford Press.
Zikmund, Barbara, et al. 1988. Clergy Women: An Uphill Calling. Louisville: Westminster John Knox Press.
Yust, Karen. 2002. "The Toddler and the Community," in Human Development and Faith, ed. Felicity Kelcourse. St. Louis: Chalice Press.
Lyon, Brynolf. 2000. "The Hatred of Learning from Experience: Why Pastors and Congregations Fail One Another." Encounter 61, no. 4 (Autumn 2000): 465-477.
Tillich, Paul. 1963. The Eternal Now. New York: Charles Scribner's Sons.
Kelcourse, Felicity. 2002. Pastoral counseling…[continue]
"Theology And Psychology In Christian" (2005, October 27) Retrieved December 7, 2016, from http://www.paperdue.com/essay/theology-and-psychology-in-christian-70048
"Theology And Psychology In Christian" 27 October 2005. Web.7 December. 2016. <http://www.paperdue.com/essay/theology-and-psychology-in-christian-70048>
"Theology And Psychology In Christian", 27 October 2005, Accessed.7 December. 2016, http://www.paperdue.com/essay/theology-and-psychology-in-christian-70048
I never found out what became of him afterwards. Uniting psychology with spiritual guidance would be the ideal way, I believe, that Eric could have been reached. Eric had clear psychological problems that related to his difficult family situation. But there was also a clear, deep spiritual craving to relate his longings to a cause larger than himself, and to engage in some form of self-improvement. Eric had a good
Christian Counseling According to McMinn Counseling others through difficult time, challenging personal crises or the simple complexities of everyday life requires patience, compassion and selflessness. These are also all features of a good Christian life devoted to fellowship and the scriptures. These are the ideas at the crux of Mark McMinn's 1996 text Psychology, Theology and Spirituality in Christian Counseling. At its most basic, the text is an outline of the
The articles point out the need for additional research into the field of forgiveness. Only recently have researchers begun to explore the psychological constructs that contribute to forgiveness. Much of the research that has been conducted has consisted of relatively small and homogenous population samples, as evidenced from the research conducted above. Each of these articles includes a rather small sample sizes. Hence all of the articles are weak in
The Pastoral Epistles mention good works, as the concept of blending faith plus good works becomes embedded in Christianity ("Deutero-Pauline and Pastoral Epistles" n.d.). The concept of faith is re-framed from one of personal commitment to one of belief in core Christian dogma, a "a body of propositions," ("Deutero-Pauline and Pastoral Epistles" n.d.). Terms that were uncommon in earlier writings like "epiphany" appear in the Deutero-Pauline texts, too. Most
Theology The Theological Message of Genesis Chapter 1 The ultimate purpose of God in His work of creation is to display His glory in its fullness and to fill the earth with it (Krell 2005). All other doctrines and beliefs in opposition to this message and its implications are thereby repudiated and rejected. God deals only with absolutes. What are some of these theories and how do they differ? Atheism This is the belief
S/he must therefore implement correction and rehabilitation measures as the courts of the country see fit for the convicted individual. However, the compromise would be the kind of treatment the convicted individual gets from the Christian practitioner. As a person of faith, s/he must recognize also that the person is an individual who might have shown deviant behavior to society, but s/he is nevertheless a person who must be
Integration of Counseling Theory From a Christian Perspective Current Integration of Counseling Theory from a Christian Perspective The biblical approach to counseling brings with it so much in the field of counseling. Unlike many other logical approaches to counseling, Christian view of personality and counseling takes a spiritual angle to behavior and behavior change. Effectively, the worldview of a Christian ion as far as counseling is concerned will be very different from


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New Jersey Superior Court, Appellate Division
Decided: July 25, 1994.
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,v.DONALD SALENTRE, JR., DEFENDANT-APPELLANT.
On appeal from the Superior Court of New Jersey, Law Division, Mercer County.
Before Judges Brody, Stern and Keefe.
The opinion of the court was delivered by
Defendant was charged in three counts of a twenty-four count indictment with conspiracy to receive and fence stolen property, N.J.S.A. 2C:5-2 (count one), theft by receiving stolen property, N.J.S.A. 2C:20-7 and 2C:2-6 (count two), and fencing, N.J.S.A. 2C:20-7.1 and 2C:2-6 (count three). The charges alleged offenses occurring between April 28, 1982 and April 27, 1987, and aggregating more than $75,000 and, hence, were second degree crimes, N.J.S.A. 2C:5-4a, 2C:20-2b(1)a. However, by order entered on December 15, 1989, the second and third counts were "amended to reflect a shortened alleged time period of April 10, 1987 to April 27, 1987 and to reflect a reduced stolen property value of over $500." Hence, counts two and three, as amended, embodied third degree crimes. N.J.S.A. 2C:20-2b(2)a. The Judge declined to so amend the conspiracy count which related to defendant, his father and twenty other co-defendants. Only defendant and his father were charged in counts two and three.
Defendant was convicted on the three counts and sentenced to seven years in the custody of the Commissioner of the Department of Corrections on count one. He was also fined $7,500. The other convictions were merged into count one.*fn1
On this appeal defendant argues:
AND EVID. R. 4. (partially raised below).
EXCESSIVE AND SHOULD BE REDUCED. (not
raised below).
DEFENDANT OF A FAIR TRIAL. (not raised below).
Defendant was tried alone. The proofs included tape recorded conversations as well as video and audiotaped transactions. While the recorded transactions were not produced on the appeal or made available for our review, we have no hesitation in concluding, based on the references to them and the other testimony, that the proofs were strong. A composite tape of twenty-nine recorded conversations, fifteen of which allegedly implicated defendant, were admitted into evidence. The nature of the investigation, including the surveillance tapes and recordings made, was detailed to the jury. Several witnesses testified as to stealing goods for defendant and his father and selling them to the Salentres. Other witnesses testified that they purchased stolen goods from defendant and his father.
Co-defendant Sheldon Seavey testified that he had purchased "literally thousands" of dollars in stolen property from both Salentres over a four year period, and co-defendant Rose Gankiewicz testified that she made substantial money by shoplifting what the Salentres, including defendant, said they "needed." Similarly, co-defendant Joanne Ottaviani testified that she would "take an order for stolen property from Mr. Salentre Junior" and sell the stolen goods to him. She also observed him selling stolen merchandise. Charles Runyon testified that he delivered to the Salentres $2,000-$3,000 in stolen goods on a "daily basis" and was often paid by defendant. Similarly, Michael McGee purchased stolen property for both Salentres and was occasionally paid by defendant.
We find no basis for disturbing the convictions or sentence and no need for extended consideration of the issues, R. 2:11-3(e)(2), except as noted herein. In essence, defendant challenges actions which constituted reasonable exercise of the trial court's discretion or errors which were remedied by the Judge's limiting or curative instructions. In any event, any error was harmless by virtue of the strength of the proofs.
The defendant contends that the trial Judge erroneously rejected a negotiated plea to third degree conspiracy and did so in violation of R. 3:9-3. On April 17, 1990, after a conference in chambers, the Judge placed the following on the record:
In short, there had been numerous Discussions concerning plea agreements in this case. This Court at one time had discussed with counsel the maximum sentence of four years. The prosecutor had indicated a willingness to accept a third degree plea, and the Court here is of the opinion that while it will accept a plea, it will be only to a second degree charge and will abide by the maximum four-year sentence. The reason for that is this, that if the Court were to accept the plea to a third degree charge with a maximum of four years, in effect, the Court would be in a position of not only permitting the downgrade of the charge, but then, also, being in the position of finding that it would have to impose a sentence presumptively of non-incarceration. So, there is a miscommunication. The Court will accept a plea to a second degree offense, the defendant to be sentenced as a third degree offender. What that effectively does is this. It removes from the Court the obligation to justify the four-year sentence and places upon the defendant the obligation or the burden to justify good cause why he should be placed on probation as opposed to receiving a presumptive sentence.
The Judge's statement of the law is correct. The presumption of imprisonment continues, and the presumption against imprisonment does not apply, on the downgrading of a second degree crime to third degree for sentence purposes; the presumption against imprisonment would apply to a first offender if the plea is to a third degree crime. See N.J.S.A. 2C:44-1d,e; 2C:44-1f(2); State v. O'Connor, 105 N.J. 399, 404-05, 522 A.2d 423 (1987); State v. Partusch, 214 N.J. Super. 473, 476-77, 519 A.2d 946 (App. Div. 1987).
After the plea was rejected defendant moved to disqualify the Judge because he "preJudged" defendant "as to guilt." In denying the motion the Judge further explained the basis for his rejection of the plea:
The Discussion was over whether he would receive -- whether he would get jail time or not. That was the nub of the dispute. It really wasn't second degree or third degree. It was jail time and the question was: How do you get there?
Defendant argues that a Judge cannot reject a plea offer because of his or her belief that a defendant must receive custodial time, or serve a particular sentence, until he reviews the presentence report. Defendant further asserts that the second degree conviction must be "vacated" because the Judge did not follow the dictates of R. 3:9-3 regarding plea Discussions.
The record does not reflect that any plea agreement had, in fact, been reached. We must assume that if a negotiated Disposition had actually been reached, it would have been entered pursuant to R. 3:9-3(b). Furthermore, there was no disagreement with the Judge's statement on the record on April 17, 1990 that "a plea bargain has not been reached." It appears that the prosecutor was willing to accept a plea to a third degree crime, but it does not appear that she was willing to recommend a maximum sentence of less than four years. Moreover, and quite significantly, the record does not reflect that defendant was willing to enter a plea of guilty even to a third degree crime while exposed to a state custodial sentence, much less to a five year maximum. Hence, there is no evidence in the record of the necessary meeting of the minds essential to a negotiated plea. See e.g., State v. Thomas, 61 N.J. 314, 321-22, 294 A.2d 57 (1972); see also State v. Warren, 115 N.J. 433, 442-481, 558 A.2d 1312 (1989); State v. Taylor, 80 N.J. 353, 361-64, 403 A.2d 889 (1979); State v. Jones, 66 N.J. 524, 525-26, 333 A.2d 529 (1975).*fn2
To the contrary, it appears that the parties negotiated an agreement that defendant would plead guilty to a third degree crime, but apparently did not reach any agreement as to sentence maximum. In any event, the parties by consent could discuss with the Judge any "tentative agreement" they had reached or obtain the Judge's view as to "maximum sentence" he might impose if defendant entered a plea to a third degree crime. R. 3:9-3(c) provides:
Disclosure to Court. On request of the prosecutor and defense counsel, the court in the presence of both counsel may permit the disclosure to it of the tentative agreement and the reasons there for in advance of the time for tender of the plea or, if no tentative agreement has been reached, the status of negotiations toward a plea agreement. The court may then indicate to the prosecutor and defense counsel whether it will concur in the tentative agreement or, if no tentative agreement has been reached and with the consent of both counsel, the maximum sentence it would impose in the event the defendant enters a plea of guilty, assuming, however, in both cases that the information in the presentence report at the time of sentence is as has been represented to the court at the time of the disclosure and supports its determination that the interests of Justice would be served thereby. If the agreement is reached without such disclosure or if the court agrees conditionally to accept the plea agreement as set forth above, or if the plea is to be based on the court's conditional indication about the sentence, all the terms of the plea, including the court's concurrence or its indication concerning sentence, shall be placed on the record in open court at the time the plea is entered. Nothing in this Rule shall be construed to authorize the court to dismiss or downgrade any charge without the consent of the prosecutor.
R. 3:9-3(b) relates to a negotiated Disposition the details of which the parties have agreed to with regard to dismissal of charges and/or sentence. R. 3:9-3(c) relates to matters where the parties cannot agree as to detail, or otherwise seek the Judge's reaction before being placed on the record. As Judge Pressler has explained with regard to R. 3:9-3(c):
The fact that this paragraph of the rule requires that an agreement conditionally approved in advance by the court be placed on the record in open court at the time the plea is entered clearly contemplates that the conditional approval Discussions may take place off the record and in chambers. That this is, in fact, the intention of the rule is made clear in the Committee Report, supra [122 N.J.L.J. 97 (1988)]. It should be pointed out further that in the Committee's view, the use of the conditional approval technique should be reserved only for those special cases in which counsel, having agreed between themselves, have reason to believe that there may be substantial doubt as to the court's attitude to the agreement.
[Pressler, Current N.J. Court Rules, Comment 4 to R. 3:9-3.]
R. 3:9-3(c) contemplates that no guilty plea will be entered when the defendant is not satisfied by the Judge's reaction to the "tentative agreement" or indication of the maximum sentence the Judge is tentatively willing to impose (subject to review of the presentence report). Hence, by its terms, R. 3:9-3(c) contemplates that the Judge can reject a "tentative agreement" or sentence maximum desired by defendant before the plea is entered.
Defendant argues that the only permissible ground for rejecting a plea "would be the receipt of subsequent information contained in a presentence report which is contrary to representations made during the plea." Defendant relies on State v. Salentre, Sr., 242 N.J. Super. 108, 576 A.2d 36 (App. Div. 1990), a case involving his co-defendant father who had entered a negotiated guilty plea to a third degree conspiracy in this case. The same Judge accepted the plea, but sua sponte vacated it shortly thereafter (which was shortly before the conference at which the Judge rejected this defendant's similar plea). As we developed in Salentre, the Judge vacated the plea based on his unarticulated impression that the father's plea was conditioned on a guilty plea being entered by all co-defendants, including defendant. Id. at 111. The Judge wanted the defendants, including the father, to be ready for a joint trial. We reversed the trial Judge's sua sponte vacation of the father's plea, but we did so because the negotiated plea had been entered and R. 3:9-3(e) therefore controlled the procedure for its review and rejection. Id. at 111-12. We concluded that the Judge could not vacate a plea merely because other co-defendants had not entered guilty pleas as contemplated by the Judge; defendant's negotiated plea was not conditioned on such other pleas. However, we did not suggest that the plea could not be subsequently rejected on the merits.
Here the trial Judge did not accept the plea at all, and we know of no requirement that a Judge must conditionally accept even a negotiated plea, and reject it only after review of a presentence report, when the Judge has a basis for rejecting the plea when tendered. The guilty pleas of co-defendants, the developments at pretrial conferences and the decisions on motions may make it clear to the Judge that a given recommendation is unacceptable.*fn3 If so, the Judge need not go through the charade of accepting a plea pending his review of the negotiated recommendation, particularly when the trial of co-defendants has been scheduled and the review would require either a severance or delay in scheduling the trial.
It is true that State v. Barboza, 115 N.J. 415, 422, 558 A.2d 1303 (1989), makes clear that R. 3:9-3 "limits the role of trial Judges in plea Discussions," and prohibits Judges from modifying guilty pleas or fashioning Dispositions when there is no basis to accept the plea offered. But neither Barboza nor any other case known to us requires a Judge to initially accept even a negotiated guilty plea no matter the circumstances. Certainly, in the traditional case the Judge's discretion is exercised at the time of sentencing (see e.g. R. 3:9-3(e); State v. Thomas, supra, 61 N.J. at 321-23), but the critical fact remains that "the highest authority instructs that there is no absolute right to have a plea accepted, and sound discretion may lead to the rejection of such a plea." State v. Brockington, 140 N.J. Super. 422, 427, 356 A.2d 430 (App. Div.), certif. denied 71 N.J. 345, cert. denied 429 U.S. 940, 97 S. Ct. 357, 50 L. Ed. 2d 310 (1976). This is clearly so where, pursuant to R. 3:9-3(c), the Judge does not react favorably to the "tentative agreement" or the maximum sentence acceptable to defendant for the offense to which defendant offers a plea.*fn4
We read the record in this case as embodying the Judge's decision under R. 3:9-3(c) that he would not accept a "tentative agreement" that defendant enter a plea to a third degree crime and, in any event, as embodying defendant's decision not to plead guilty in circumstances where the Judge did not indicate a tentative willingness to impose a sentence defendant found to be acceptable. Accordingly, we find no basis for requiring the entry of a guilty plea to a third degree conspiracy under these circumstances.
Defendant seeks reversal because the trial Judge denied his pretrial motion for recusal. He contends that the rejection of his guilty plea, the sua sponte vacation of his father's plea and the Judge's "characterization of the case" precluded the Judge "from rendering fair and unbiased rulings on legal matters presented at trial . . . ." We disagree.
Defendant, in essence, suggests that rejection of a guilty plea requires subsequent recusal of the Judge at trial. Such a contention would unduly burden the necessary exercise of judicial discretion under R. 3:9-3(e) by the Judge who is required to determine whether "the interests of Justice would not be served by effectuating the agreement reached by the prosecutor and defense counsel or by imposing sentence in accordance with the court's previous indications of sentence . . . ." It might require transfer of cases, and even improper severance if co-defendants could not be jointly tried before the same Judge.
In State v. Walker, 33 N.J. 580, 591-92, 166 A.2d 567 (1960), our Supreme Court rejected an analogous contention. There the defendant claimed that the trial Judge's acceptance of his non vult plea and denial of his petition for writ of habeas corpus (or motion to withdraw his plea) required recusal at a trial following the subsequent reversal of the habeas denial. Id. at 587. The Supreme Court disagreed, stating that:
Absent a showing of bias or prejudice, the participation of a Judge in previous proceedings in the case before him is not a ground for disqualification. And the fact that a judgment resulting from previous proceedings is reversed on appeal is likewise not a sufficient ground for disqualification.
[Id. at 591 (citation omitted).]*fn5
There, as here, there was "no showing that the trial Judge had any personal or private interest apart from the fulfillment of his judicial duties" and the recusal motion was properly denied. Id. at 592.
Again, the trial Judge could not be expected to ignore all knowledge of the case learned from prior proceedings. In fact, in denying the recusal motion the Judge acknowledged that his prior remarks were premised on such information and the plea Discussions in his chambers,*fn6 but he added:
This trial may reveal information quite contrary to what I've been provided to date. It would not be the first time I entered a courtroom with one thought in mind and left with another. And on the other hand, it may confirm everything the State has alleged. It may refute what I have heard from codefendants who have pled. I don't know what the trial will reveal. But unlike -- I don't want to compare myself with others -- but let me put it this way. What I am not going to pretend I didn't hear what I heard from codefendants. I'm not going to pretend I didn't hear the State's offers of proofs when plea negotiations went on. It would be as if I ignored you if you were to offer something that I thought was important in the course of a plea negotiation. I don't see that as the Judge's function. What I recognize is that none of it's chiseled in stone. So, that's where I see it as we are now.
The Judge also noted:
The Court recognizes that when any of these other people pled and that whatever statements they made, they weren't made under the aura of cross-examination. The validity of those statements wasn't tested. Maybe they would have said anything at all at the time of entering a plea in order to strike the best deal they could with the State.
As a Judge, I recognize all of that. And I don't for one moment consider that the State has proven its case. But on the other hand, am I supposed to pretend I didn't hear them? This at least on its face, the State has a pretty fair case.
Should I be that [blind] and that devoid of any knowledge of the case? What does any Judge do when he's got multiple defendants and he is left with a few? How do you avoid that? How can I ignore what I heard? Doesn't mean I passed on it and said it's absolutely correct. I don't know that to be so.
Defendant challenges several of the Judge's rulings at trial and attacks the sentence the Judge imposed as excessive. But defendant does not assert any specific claim of bias or prejudice in the trial or sentencing proceedings. Accordingly, we find no basis for reversing the conviction because of the denial of defendant's pretrial motions for recusal. See State v. Walker, supra, 33 N.J. at 591-92. See also Magill v. Casel, 238 N.J. Super. 57, 63-64, 568 A.2d 1221 (App. Div. 1990); State v. Pointer, 135 N.J. Super. 472, 480, 343 A.2d 762 (App. Div.), certif. denied 69 N.J. 79 (1975); State v. Flowers, 109 N.J. Super. 309, 311-12, 263 A.2d 167 (App. Div. 1970); Sinahopoulos v. Villa, 92 N.J. Super. 514, 517-18, 224 A.2d 140 (App. Div. 1966); Code of Judicial Conduct, Canon 3C(1)(a)(b); R. 1:12-1, -2.
Defendant contends that the conspiracy count should have been dismissed on his pretrial motion. We disagree.
The fact that the Judge found insufficient evidence before the grand jury to sustain the second degree substantive charges embodied in counts two and three does not mean that the proofs were insufficient to support a second degree conspiracy by virtue of the crimes defendant conspired to commit. The essence of the conspiracy is the illegal agreement, not the completed act. State v. La Fera, 35 N.J. 75, 86, 171 A.2d 311 (1961); State v. Soltys, 270 N.J. Super. 182, 186, 636 A.2d 1061 (App. Div. 1993).
Defendant contends that the trial Judge erred by not granting his motion to dismiss because he was a juvenile during the first one and-a-half years covered by the conspiracy charge. He further contends that because the prosecutor, in summation, advised the jury that he "became responsible for the entire conspiracy including what went on before he joined it," he was convicted for conduct committed while a juvenile and, in any event, based on evidence not admissible against him. We need not explore at length the question of defendant's responsibility for the conduct of co-conspirators before defendant joined the conspiracy, see N.J.S.A. 2C:5-2b,c,f, because here the trial Judge clearly instructed the jury that "defendant may not . . . be held accountable for what the conspiracy, if it existed, did before he entered the conspiracy. His conduct may be measured from the time he entered it and his plan into the future." Moreover, in response to defendant's belated objection to the summation, the Judge expressly told the jury that what the prosecutor had said was "not so" and that the Judge's "contrary" instructions controlled.
With respect to argument addressed to the proofs concerning conspiratorial conduct during the period defendant was a juvenile, we note that defendant was charged as an adult for a conspiracy which continued for three and-one-half years beyond his eighteenth birthday during which defendant's participation was substantial. He was responsible for his own acts and those of co-conspirators once he joined the conspiracy, see N.J.S.A. 2C:5-2f(1), and the fact that defendant may have participated as a conspirator before his eighteenth birthday does not immunize his conduct as an adult. Age in these circumstances does not constitute an element of the offense nor does it pose a jurisdictional bar. See N.J.S.A. 2C:4-11a(2),b. If defendant had asked for a special verdict concerning the duration of his participation, or its impact on the scope of the conspiracy as to the degree of crime involved, or if defendant had requested an instruction on consideration of the proofs relating to his age at various times, the issues before us would be different. However, the issue before us relates to a pretrial motion to dismiss the conspiracy count altogether, and in this context we find no basis to upset the conviction.
We find no basis to modify or reduce the sentence. State v. Ghertler, 114 N.J. 383, 387-88, 555 A.2d 553 (1989); State v. Roth, 95 N.J. 334, 363-65, 471 A.2d 370 (1984). Defendant argues, however, that his sentence was unduly disparate because:
In this matter, the defendant received the longest sentence of all the defendants, including his father, the most culpable individual. Twelve co-defendants received probation, four entered the pre-trial intervention program and two defendants' charges were dismissed. . . . Clearly, the sentence imposed on Mr. Salentre Jr. was disproportionate to the sentences given to all other co-defendants in the case. This is further evidence that the defendant's sentence is excessive and shocks the judicial conscience.*fn7
Defendant, unlike his father, stands convicted of a second degree crime. He received a presumptive sentence and we reject defendant's contention that probation is appropriate. Given the duration of the conspiracy (a factor separate from its nature which related to aggregate value and, therefore, an element of the offense), there was no basis for overcoming the presumption of imprisonment for a second degree crime. See e.g., State v. Jabbour, 118 N.J. 1, 7-8, 570 A.2d 391 (1990); State v. Kelly, 97 N.J. 178, 219-20, 478 A.2d 364 (1984). Moreover, disparity must be evaluated in terms of "real time," and defendant received no parole ineligibility term, while his father must serve two years before eligibility. Thus, defendant may serve less "real time" than his father. See N.J.S.A. 30:4-123.51a.
The sentence here was appropriate under the Code, and the record before us does not suggest that any co-defendant was convicted of a second degree crime or that any defendant so convicted had as much involvement or culpability as defendant. Hence, there is no record to support the claim that any disparity in sentence was undue or disproportionate. See State v. Lee, 235 N.J. Super. 410, 415-16, 563 A.2d 51 (App. Div. 1989).
On July 6, 1990, three days before the trial was scheduled to commence, defendant's attorney moved to be relieved as counsel based on a perceived conflict resulting from his review of the witness list. While he had anticipated that two co-defendants, Ottaviani and Seavey, represented by private counsel, were going to testify against defendant as a result of their negotiated pleas, he claimed to be surprised that clients of the Public Defender were also to testify. In an affidavit prepared on an emergent application to this court confirming what was developed orally on the record, counsel stated:
Defendant Salentre Jr. is scheduled to start trial on the above charges on July 9, 1990. On July 3, 1990, defendant was supplied with the State's witness list which included the names of five co-defendants who pled guilty and were each represented by members of the Public Defender's office. Upon receiving this list, the undersigned contacted the Assistant Prosecutor and was advised that each of the five had been subpoenaed to testify against defendant Salentre Jr. and would inculpate him.
The prosecutor acknowledged that some of the subpoenaed witnesses were still serving their probationary sentences, but argued that counsel should have perceived any problem at least two years earlier. She suggested that defense counsel was merely seeking to obtain a "lengthy postponement" of a case actually scheduled to be tried, that of the 100 witnesses subpoenaed only forty to fifty would actually testify, and that case law did not require the relief. The Judge rejected application, stating:
It is hard for this Court to understand how in light of the language of State versus Bell [90 N.J. 163, 447 A.2d 525 (1982)] not to mention its predecessors, State versus Green [129 N.J. Super. 157, 322 A.2d 495 (App. Div. 1974)] and State versus Bellucci [81 N.J. 531, 410 A.2d 666 (1980)] that the Public Defender's Office can wait until the very last minute and attempt to throw a conflict of interest issue at a Court which has taken considerable pains to schedule a case for trial. This case was given a special trial date, and the Court anticipated a two to three week trial. It was sought to accommodate the Prosecutor, the Public Defender, and witnesses with regard to a trial date. The Court notes that on at least one or two occasions the case was put off because of witness problems or investigative problems in terms of ability to appear for trial, and it knows that it has intentionally arranged its calendar so as to dispose of this case which is a 1988 Indictment, a case which is more than two years old and is one of the three eldest cases on its calendar.
The Judge also noted concern that the Public Defender had not considered the issue earlier, particularly in light of State v. Bell, 90 N.J. 163, 447 A.2d 525 (1982), but found significant that none of the witnesses were to be co-defendants at the trial.
The briefs before us address the issue only in the context of the pretrial ruling and do not consider developments at trial. However, based on our review of the record, it appears that only one of the five named co-defendants represented by staff attorneys of the Public Defender's regional office (office associates of defendant's counsel) actually testified. The testimony of this witness, Rose Gankiewicz, developed that she entered a negotiated guilty plea to the conspiracy and received an eighteen month sentence thereon, concurrent to a longer four year sentence she was then serving and continued to serve. She also admitted being a heroin user at the time she began to cooperate with the State.
State v. Bell, supra, 90 N.J. 163, distinguished between private counsel and the Public Defender for purposes of joint representation of co-defendants at trial. Bell held "that there is no presumed or per se rule of conflict of interest where deputy public defenders represent multiple defendants." Id. at 171. However, the Court also noted that "should the circumstances demonstrate a potential conflict of interest and a significant likelihood of prejudice, the presumption of both an actual conflict of interest and actual prejudice will arise, without the necessity of proving such prejudice." Ibid.
This case does not deal with joint representation by Public Defender office associates of co-defendants on trial. Nor does it deal with Public Defender representation of a defendant in a case where the victim is a client in an unrelated matter. See State v. Muniz, 260 N.J. Super. 309, 616 A.2d 926 (App. Div. 1992). Here we deal with a question involving a co-defendant who became a witness after Disposition of the case against her, and apparently after the Public Defender's representation had terminated.*fn8 However, the record in this case does not develop the issue beyond the abstract pretrial motion and defendant does not point to any event at trial in support of an actual conflict of interest or prejudice. But see State v. Araiza, 124 Idaho 82, 856 P.2d 872, 880 (Idaho 1993) (witness never testified). Moreover, whether the public Defender continued to represent the co-defendant at the time she testified at the trial may be relevant, and this point has not been developed in the record. Accordingly, we reject defendant's contention that his conviction must be reversed because of the denial of his counsel's pretrial motion to be relieved. However, we do not preclude defendant's application for post-conviction relief if he contends that he was ultimately deprived of his constitutional right to counsel.
The judgment is affirmed.
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