January 22, 2013

Joseph A. Falcone

Wayne

Services

Funeral services will be held on Friday, January 25, 2013 at 8:15 AM from the Vander May Wayne Colonial Funeral Home, 567 Ratzer Road, Wayne then to the Cathedral of Saint John the Baptist, Bishop Rodimer Center, 387-389 Grand Street, Paterson, NJ, where at 9:30AM a Funeral Mass will be offered.

Friends may visit with the family at the funeral home on Wednesday, January 23, 2013 from 4-8 PM and Thursday, January 24, 2013 from 4-8 PM.

Joseph A., Falcone, Honorable Superior Court Judge, age 70, of Wayne, died peacefully at home, surrounded by his loving family on Tuesday, January 22, 2013, after a courageous battle with pancreatic cancer.

Judge Joseph A. Falcone was born in Newark, NJ and was a product of that city’s school system. He received his B.A. degree from Rutgers University and went on to receive his J.D. degree from Rutgers-Camden School of Law in 1968.

After taking the bar examination in July 1968, Judge Falcone commenced his legal career as law secretary for the Honorable Mark A. Sullivan, who was then Presiding Judge of Part D of the Appellate Division and later became Justice of the New Jersey Supreme Court.

He was admitted to the Bar on November 27, 1968.

In September 1969, Judge Falcone was sworn in as an assistant Essex County prosecutor. During his tenure with that office Judge Falcone served in the appellate and trial sections He also served as Deputy Director of the City-County Organized Crime Strike Force. A book entitled “Marked to Die,” published by Simon and Schuster in 1984 recounts many of his accomplishments and experiences.

Judge Falcone was sworn in as First Assistant Prosecutor for Passaic County in September 1975. In that same month he was admitted to practice before the United States Supreme Court.

From January 3, 1980 to March 25, 1986 Judge Falcone served as Passaic County Prosecutor. During his tenure he served as Chair of the New Jersey County Prosecutors Association

In March 1990, the National Center for State Courts issued a report that concluded the criminal justice system in Essex County “is one of the slowest and least efficient of any urban county in the United States.” On the recommendation of newly appointed Assignment Judge Burrell Ives Humphreys, selected Judge Falcone to serve as Presiding Judge of the Criminal Division, effective April 2, 1990. Reorganization of the criminal justice system in the county was the mandate given to Presiding Judge Falcone.

The reorganization was an overwhelming success. According to a report issued in 1995 by the Justice Management Institute, “Essex County, New Jersey, is the scene of one of the most dramatic improvements in the handling of serious criminal cases that has taken place anywhere in the USA in the past thirty years. Judge Falcone was described in the October 1996 edition of Governing Magazine as “the management wizard of the NJ judiciary. The same article asked if Judge Falcone could “repeat the miracle in Passaic County”, since he had been transferred there by Chief Justice Wilentz in May 1996 to serve as Presiding Judge of the Criminal Division.

On October 3, 1996, Chief Justice Deborah T. Poritz appointed Judge Falcone to serve the assignment judge for the vicinage. During his tenure, Judge Falcone authorized the creation of what became the highly acclaimed Village Initiative. He also addressed and significantly reduced criminal court backlogs and increased efficiency in the court system.

In an editorial that appeared in the August 28, 1997 edition of the Herald News it was noted that Judge Falcone had “made the criminal court system in Passaic County a trim and responsive operation.”

Effective August 13, 1999, Judge Falcone assumed the position of Assignment Judge for the Essex Vicinage. Again, his mandate was to reduce backlogs and improve the efficiency of court operations. By all accounts Judge Falcone achieved both goals during his five year tenure.

In 2004, Judge Falcone was inducted into the Newark Athletic Hall of Fame.

In May 2006, he was elected to The Fellows of the American Bar Foundation, “in recognition of outstanding dedication to the welfare of the community, the traditions of the profession and the advancement of the objectives of The American Bar Association.” Membership is limited to one-third of one percent of the Bar membership in each state.

During his tenure as Assignment Judge in the Essex Vicinage, two significant pilot programs were developed and implemented after approval by the Supreme Court, namely, the Greater Newark Safer Cities Initiative and the License Reinstatement Program, the latter a joint project of the Judiciary and the New Jersey Institute for Social Justice. In addition, he authored In re Fire at Seton Hall University, 368 N.J. Super. 269 (Law Div. 2003), hailed by many as mini-treatise on grand jury practice and procedure. In connection with the Seton Hall fire case, he approved publication of a Grand Jury Presentment, which led to legislation making it mandatory for residential colleges to install fire sprinklers.

From August 1, 2004 to August 31, 2005, Judge Falcone served in the Appellate Division. Among his published opinions are State v Jordan, 378 N.J. Super. 254 (App. Div. 2005), which determined that a prior conviction for second-degree robbery could not serve as a predicate offense for imposition of sentence under the “Three Strikes and You’re In” law, and State v. Ramirez. 378 N.J. Super. 355 (App. Div. 2005), which addressed the protocol to be followed when a bail bond surety seeks remission of a forfeiture.

For a number of years during his twenty-five years on the bench, Judge Falcone served on the Model Criminal Jury Charges Committee. He had also served as a member of and later the Chair of the Bail Forfeiture Judges Committee, Chair of the Judicial Council’s IT Steering Committee, and a member of and in 2003-2004 the Chair of the Judicial Council.

Since September 2005, Judge Falcone had been assigned to the trial courts, first, in the Morris/Sussex Vicinage, and since September 2007, in his home county of Passaic.

In 2011, at an AOC-sponsored program commemorating the fifteenth anniversary of the Comprehensive Enforcement Program, Judge Falcone was recognized for his many contributions in establishing the program.

Judge Falcone retired from the state Superior Court bench in May, 2011 after twenty-five years of service, including terms as assignment judge in the counties of Passaic and Essex.

Joseph met his beloved wife Beverly in the Passaic County Prosecutors Office where they both worked. They were friends at first but one day Joseph asked Beverly out for lunch. They went to Dickie Dee’s in Newark for Hot Dogs. The lunch was followed by a real date to Vincent’s Hilltop Villa in Clifton. Eight months later, Beverly Bernardo became Mrs. Beverly Falcone as she and Joseph were married on June 19, 1979 at The Manor in West Orange followed by an outdoor reception and then their honeymoon in St. Martin. They settled in Little Falls.

In 1984, Joseph and Beverly became parents to a newborn baby girl that they named Larissa. She was their pride and joy! As Larissa grew, the Falcone’s moved to Wayne in 1989 where they still reside today. They were a very close and loving family and despite his storied career, Joseph always put family first. The Falcone’s loved to travel and Larissa was the “resident travel agent” to such glorious destinations as Disney World, Aruba, Puerto Rico, The Bahamas, Italy and London, England. With Beverly, Joseph attended all of Larissa’s dance recitals, piano recitals and marching band competitions, even when she was in college. He also loved movies! In fact he regularly went on “dates” with his dear daughter Larissa. They had a deal…..he bought the tickets and she bought the concessions.

On the home front, Joseph loved solving crossword puzzles and reading books, especially ones by John Grisham and David Baldacci. Much to Beverly’s dismay, he loved all sports, but especially football and baseball and his favorite teams were the Giants and Yankees. He also enjoyed watching golf but he never played. He would say, “If I can’t devote enough time to excel, I won’t start playing at all.”

Throughout his battle with pancreatic cancer, Joseph was a fighter. His daughter Larissa was to be married to her fiancé Thomas Ubriaco on November 10, 2012. The plan was for Joseph to marry them but when they were a month away from the wedding date, Joseph confided in Beverly that he didn’t think he was going to have the strength to go through with officiating. He lined up a friend to take his place. The wedding day came and Joseph told Beverly that he thought he would be strong enough to marry their daughter but that they would need to go home right after the ceremony. After the exchanging of vows, he told Beverly that they should stay for the cocktail hour, but then they should go home. God kept giving Joseph strength and that night, he ended up dancing with Larissa and his beloved Beverly. In fact, he was one of the last to leave the reception.

Joseph will be remembered for his great sense of humor, for his dedication to his profession and for the great love he had for his family, friends and colleagues.

Joseph is survived by his beloved wife Beverly; his dear daughter Larissa Ubriaco and husband Thomas of Wayne; his brother Richard Falcone of Wayne; and his four nieces and two nephews: Dr. Richard Falcone, Jr. of Cincinnati, OH, Renee Luttrell of Holmdel, NJ, Kimberly Bernardo of Wayne, Janine Bernardo of Wayne, Matthew Falcone of Wayne, and Susan A. Greco, Esq. of Butler.

In lieu of flowers, those planning an expression of sympathy in Joseph Falcone’s name are asked to consider The Lustgarten Foundation, 1111 Stewart Avenue, Bethpage, NY 11714. This organization is dedicated to finding a cure for pancreatic cancer.

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Services

Funeral services will be held on Friday, January 25, 2013 at 8:15 AM from the Vander May Wayne Colonial Funeral Home, 567 Ratzer Road, Wayne then to the Cathedral of Saint John the Baptist, Bishop Rodimer Center, 387-389 Grand Street, Paterson, NJ, where at 9:30AM a Funeral Mass will be offered.

Friends may visit with the family at the funeral home on Wednesday, January 23, 2013 from 4-8 PM and Thursday, January 24, 2013 from 4-8 PM.

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