Ex-Passaic Co. Surrogate Barred From Public Work Due To Charges

PASSAIC COUNTY, NJ — A former Passaic County surrogate accused of abusing her power in office was barred Tuesday from any future public employment in New Jersey. Bernice Toledo was charged last year with falsifying or tampering with records.

In June 2017, Toledo filed a judgment granting administration of a dead person's estate to her personal acquaintance, according to the New Jersey Office of the Attorney General. The state accused Toledo of falsifying the judgment by saying that all competent adult next of kin and others with a prior right to the estate had renounced their right of administration.

In reality, a relative of the decedent had made her right known to Toledo by appearing before her in-person, and the then-surrogate signed and filed the judgment, the attorney general's office said.

Toledo was charged Aug. 26 with the fourth-degree crime, which carried up to 18 months in prison and a fine of up to $10,000. The attorney general's office continues to prosecute the criminal case.

Along with barring Toledo from future public employment, Carol V. Novey Catuogno also admitted the former surrogate into the Pretrial Intervention Program.

In New Jersey, the surrogate has the responsibility to probate wills, qualify executors, appoint administrators for estates without wills, and qualify guardians of incapacitated persons or minors.

Toledo, a Democrat, was first elected into the surrogate position in 2011. She opted against running for another five-year term last year.