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Kenneth J. Rosellini v. Gary N. Wilcox, Individually and in His Official Capacity as Judge, Superior Court, Bergen County, New Jersey, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 22-2610 · judgment February 5, 2025
Certiorari denied · January 20, 2026
Pre-decision estimate: 0% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
- Is there a full and fair opportunity for a person to raise constitutional issues in in state court attorney ethics proceedings, so that Younger Abstention can be invoked by a federal district court to dismiss a §1983 civil rights case filed by that person alleging constitutional violations, where a state court rule bars the trial level tribunal and appellate level tribunal from hearing constitutional issues, reserves constitutional issues for a hearing with the state’s highest court, and the state’s highest court fails or refuses to make any opinion or decision whatsoever on those constitutional issues, except to deny the person’s petition to the highest court without explanation?
Counsel of record
For petitioner
Kenneth J. Rosellini
For respondent
Phoenix N. Meyers
Office of the Attorney General State of New Jersey
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 20 2026Petition DENIED.
- Dec 30 2025DISTRIBUTED for Conference of 1/16/2026.
- Dec 08 2025Waiver of right of respondents Gary Wilcox, Hon. Edward Torack, Marie E. Lihotz, Hany Mawla, Marie P. Simonelli, Stuart Rabner, Supreme Court of New Jersey District XI Ethics Committee, Norman I. Klein, and Robert C. Papa to respond filed.
- Jul 29 2025Petition for a writ of certiorari filed. (Response due December 18, 2025)