Middletown School Board Sued Joe Fitzgerald, Seeking To Have Him Banned From BOE, And Lost The Case

MIDDLETOWN, NJ — At the most recent Middletown school board meeting, held last Tuesday, Nov. 25, three Board members mysteriously voted against paying the legal fees for a law firm hired by the district.

The three Board members that refused to pay the legal bills are Mark Soporowski, Joan Minnuies and Leonora Lacqua-Caminiti. They did not want to pay legal fees for Weiner Law Group. Board member Joe Fitzgerald abstained.

The four school board members never said why. A member of the public even stood up and asked the school board why they voted "no," and she was never given an answer.

Patch did some digging, and here is what we learned:

In August of this year, the Middletown school board sued Fitzgerald. Weiner Law Group was the law firm the district hired to file the lawsuit, and Stephen Edelstein was the lawyer assigned to the case.

This past summer, as Patch reported, Fitzgerald was criminally charged with six illegal gun crimes; prosecutors allege he was headed to confront the husband of a woman he was allegedly having an affair with, and he had a loaded gun and other weapons in his truck. Fitzgerald denies the allegation and the charges. To date, the charges have still not been resolved.

In their lawsuit, the school board tried to ban Fitzgerald from attending any BOE meetings until the criminal charges are resolved. The other eight members on the school board "with good reason, are physically fearful of Fitzgerald," read the lawsuit. "Both on their own behalf and on behalf of the students, staff and parents of the school district, since Fitzgerald has possessed (and may still posses) a significant arsenal of weapons, and an apparent willingness to use them."

The board wanted Fitzgerald physically barred from attending any BOE meetings, and banned from stepping foot inside any Middletown school buildings and grounds, including athletic games.

The Board filed the lawsuit Aug. 18, after it first designated Fitzgerald a persona non grata effective July 2. But Fitzgerald challenged that. The case went to Monmouth County Chancery court, and a chancery court judge ruled he could be reinstated to the elected board. Fitzgerald started attending Board meetings in September.

After the school board sued him, Fitzgerald yet again fought back. He hired his own lawyers, the law firm of Gorman, D’Anella and Morlok, who argued that the rest of the Middletown school board had no legal right to suspend a duly elected official from office. Fitzgerald's lawyers also argued the crimes he was charged with did not involve children in any way. They also argued a Monmouth County Superior Court judge released Fitzgerald on his own recognizance after his arrest, and the judge deemed him to be a respected member of the community and not a threat.

His lawyers further argued that banning Fitzgerald from school grounds would harm his children, ages 6, 7 and 11, who he shares custody of, and who he regularly drops off and picks up from school.

The case went back and forth, and in October Fitzgerald's lawyers sought to have the lawsuit dismissed. Edelstein argued the school board was not trying to remove Fitzgerald from office, only ban him from meetings until the criminal charges were resolved.

The lawyer for the school board said the courts have a responsibility to keep the entire Middletown public school community safe.

"This case is not about school law or criminal procedure, but about the court's fundamental power to prevent irreparable harm," Edelstein wrote.

Fitzgerald countered that only Board president Frank Capone testified in depositions (sworn legal statements) that he was scared of Fitzgerald; other Board members were not quoted as such. Fitzgerald's lawyers also said Capone sent Fitzgerald a text "taunting" him.

"I don't know about you, your Honor, but when I'm physically fearful of someone, I certainly do not taunt them. I keep my distance," said Fitzgerald's lawyer.

On Nov. 7, Monmouth County General Equity Judge Mara Zazzali-Hogan dismissed the school board's lawsuit against Fitzgerald. According to a recording from the Nov. 7 hearing, which Fitzgerald provided to Patch, the judge said she would have liked to see statements from additional Board members saying they were scared of Fitzgerald. Hon. Zazzali-Hogan also said she found it "offensive" the Middletown school board did not add extra security to schools or board meetings, or switch to have BOE meetings over Zoom.

At the hearing, the judge lectured the attorney hired by the school board:

"It's disturbing and disingenuous the Board comes here and says they are in fear of people's safety and haven't done a thing."

Lacqua-Caminiti and Minnuies did not answer when Patch asked why they do not want to pay Weiner Law Group's legal fees. But Soporowski did answer. He said Weiner Law Group's legal fees are currently being "reviewed" by the board and school district.

"My role on the board is oversight," Soporowski said Tuesday night. "I voted based on that responsibility, and I cannot comment on attorney-client billing. The proper review process is in place, and that is where those matters are addressed. My priority is making sure every bill is justified and in the best interest of taxpayers, and I voted accordingly."

On Tuesday, Fitzgerald depicted the lawsuit as a personal attack from Capone.

"It looks like Frank operated alone and it was not the will of the board," said Fitzgerald Tuesday night. "I can't speak for the other Board members, but I assume since it was against their will, that's why they denied the bills."

After he was arrested and charged with gun crimes, Fitzgerald ran for re-election to Middletown school board, and lost. December will be his final month on the board.

Middletown School Board Member Joe Fitzgerald Arrested On Illegal Gun Charges (July 1)

Affair Was Behind Arrest Of Middletown BOE Member Joe Fitzgerald, Prosecutor Says (July 11)

Joe Fitzgerald Reinstated To Middletown School Board (Sept. 4)

Read The Transcript Of Joe Fitzgerald's First Court Hearing, As His Criminal Case Proceeds (Sept. 16)