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Vol. 2, Iss. 20
October 30, 2013

 


Sitting Down With Vince August

Six Weeks After The New Jersey Supreme Court Held That This Stand-Up Comedian Can No Longer Be A Judge



The Open Mic column in the October 16th issue of Coverage Opinions discussed the New Jersey Supreme Court’s September 19th decision that Vincent August Sicari’s career as a stand-up comic (as Vince August) precluded him from also serving as a part-time municipal court judge in South Hackensack. The New Jersey Supreme Court’s opinion in Vince’s case is 30 pages but it basically held that the content of his comedy routines interfered with the proper performance of his judicial duties. The supreme court noted that there was no evidence that Judge Sicari ever conducted proceedings in his courtroom in any other than a professional manner.

Faced with this choice Vince chose the comedy route and resigned as a judge. To appreciate that decision it helps to know that Vince August is an established stand-up comedian and actor. He has appeared numerous times on ABC television’s “Primetime What Would You Do?”

This is a hidden camera show in which actors play out real life scenarios in public places to capture the public’s reaction and whether they will come to the aid or intervene when a stranger is concerned. These scenarios can be uncomfortable to watch (they are designed to be that way) and in the end it is revealed to those involved that it was staged. On the stand-up front Vince has closed more shows at the famed Caroline’s on Broadway than any other comic since 2009. He also regularly appears as the warm-up comic for The Daily Show with Jon Stewart. And in a stroke of good timing, Vince will be the headliner at Caroline’s this Saturday November 2 for two shows. Go. You will not be sorry. More information here: http://www.carolines.com/comedian/vince-august

On a personal note, I had a brief encounter with Vince last Fall. He was the headliner at a show that I did at Caroline’s on Broadway.

When you read the opinion and some of Vince’s material that the court highlighted, it is clear that he never had a chance. Consider that New Jersey’s Advisory Committee on Extrajudicial Activities has previously advised a municipal court judge that he should not appear in a pilot for a cable television series. This, despite the fact that the judge would have only appeared in the back of a courtroom as one of many spectators. He would not have been identified or had a speaking role. The Advisory Committee found that the scene in which the judge would have appeared lacked appropriate decorum. The Advisory Committee has also advised a municipal court judge that he should not appear in a commercial for a nationally marketed brand of cereal. With these advised limitations placed on the extrajudicial activities of judges, it was like hitting a beach ball with a baseball bat for the New Jersey Supreme Court to decide as it did when stand-up comedy was concerned.

It has been six weeks since the New Jersey high court ended Vince August’s position as a part-time municipal court judge. I wondered what it has been like for him in this time and what opportunities the huge worldwide publicity around his story may have generated. The story went media viral – appearing in international newspapers, including one in China. He heard from people as far away as New Zealand and the Czech Republic. On a 35 minute call, that went back and forth between funny and serious, Vince was kind enough to answer my questions and even give me some good advice about my own stand-up comedy.

There was no question that Vince is disappointed that the supreme court gave an ultimatum to Judge Vincent August Sicari and comic Vince August. Vince scrupulously separated his dual careers. He never mentioned in his routines that he was a judge or even a lawyer for that matter. But that was not enough for the New Jersey Supreme Court. In its opinion the supreme court stated: “[W]e cannot discount the possibility that a person who has attended a comedy club in New York City will find himself or herself before Judge Sicari in South Hackensack. In the course of his routines, he has demeaned certain people based on national origin and religion, has revealed his political leanings, and has declared his dislike for and intolerance of children. To be sure, the routines are designed to be funny. We must acknowledge, however, that many regard the maxim ‘many a true word is said in jest’ as a fundamental truth. We cannot ignore the distinct possibility that a person, who has heard a routine founded on humor disparaging certain ethnic groups and religions, will not be able to readily accept that the judge before whom he or she appears can maintain the objectivity and impartiality that must govern all municipal court proceedings.”

Vince significantly downplayed the possibility of someone getting a traffic ticket in South Hackensack, New Jersey, appearing before him and then recognizing him as a comic that they once saw. And, in the very unlikely event that this alignment of the stars happened, Vince made it clear that he would have immediately stopped the proceeding and transferred the case to the next town over.

Vince spent years carefully avoiding the law in his comedy. But with the cat now out of the bag, will he continue to do so? Has the New Jersey Supreme Court handed Vince a trove of new material – the often maligned, and easy target for jokes, legal system? Vince was unambiguous in his answer to this question – no. He still considers his two careers to be completely separate. He also feels strongly that the law, a profession that he describes as honorable and one to be held in high regard, ought not to be joked about. [As a personal aside, yours truly feels exactly the same way, has never told a lawyer joke and vows never to do so.]

As for opportunities for Vince that all of this publicity has generated, there is the obvious – calls to host bar association events. Naturally, given Vince’s separation between comedy and law, he has declined such events, telling me emphatically that a bar association event is not a comedy club. And I have no doubt that some of these bar association jobs could have been lucrative. In addition to such bar events, the publicity has also generated legitimate offers for prominent gigs for Vince August the comic. He is currently looking at these. Understandably, Vince couldn’t be specific about these opportunities but I got the sense that some big things are on the horizon.

In between his many comedy club appearances and The Daily Show (Vince could not have spoken more kindly about Jon Stewart, who he described as incredibly down to earth despite his huge success), Vince August, as Vince Sicari, practices law. He maintains a solo practice handling real estate matters and a variety of litigation – plaintiff’s personal injury, family law/divorce and construction, to name a few. Of course I had to ask him about coverage issues. He certainly confronts them in his practice he told me. And, as we all know, when you need insurance that’s no joking matter.

That’s my time. I’m Randy Spencer.

Randy.Spencer@coverageopinions.info

 
 
 
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