Counsel for New Jersey Lt. Gov. Dale G. Caldwell have sharply rejected the findings of an investigation that concluded he violated state workplace and ethics policies, arguing that the report relies on disputed allegations, insufficient corroborating evidence and a flawed investigative process.

While Governor Mikie Sherrill has called on Caldwell to resign, she cannot simply remove him from the separately elected constitutional office of lieutenant governor. Under the New Jersey Constitution, the governor and lieutenant governor are elected jointly by voters, and state officers are subject to removal through the impeachment process. The General Assembly has the sole power to impeach by a majority vote of all members, after which the Senate conducts a trial and requires a two-thirds vote of all senators for conviction and removal.

The statement came shortly after the investigation was released, with Caldwell’s attorneys challenging each of the three findings and maintaining that the evidence does not support the conclusions reached by investigators.

“This unnecessarily protracted and one-sided process lacked the requisite due process that should be afforded every citizen of this state,” said Thomas Calcagni of Calcagni & Kanefsky, who represents Caldwell.

Caldwell categorically denies making the alleged comment during a car ride. A New Jersey State Police trooper assigned to his security detail was in the vehicle but, according to the report, did not hear the conversation. Thomas Calcagni, Caldwell’s attorney, said there was no recording, text, email or other contemporaneous evidence proving the statement was made. He also disputed the significance of a photograph cited in the report.

Investigators nevertheless found the allegation substantiated based on their assessment of the evidence and witness credibility.

On the ethics findings, Calcagni said Caldwell does not dispute his obligation to follow state rules but argued the evidence did not establish an intentional misuse of office. Caldwell received ethics training after taking office and, after learning reimbursement was required in one instance, reimbursed $175 for an event, his counsel said.

“There is a meaningful difference between making a good-faith error when analyzing the regulations and deliberately using public office for personal benefit,” Calcagni said.

The third finding involved Caldwell forwarding the résumé of a state employee he believed was qualified for a higher-responsibility position. Calcagni said there was no evidence Caldwell ordered or controlled a promotion or hiring decision. The employee received no promotion, raise or other state benefit and ultimately left state government, he said.

Caldwell maintains that he would have disclosed the relationship or recused himself had he been advised that it was required.

Calcagni also criticized the investigation’s handling of anonymous allegations, saying Caldwell was not given a meaningful opportunity to respond or identify witnesses with firsthand knowledge. He alleged that some witnesses were excluded and raised concerns about confidentiality breaches.

“The Lieutenant Governor participated in the investigative process faithfully to the limited extent permitted, expecting a genuine truth-seeking inquiry,” Calcagni said.

Sherrill has said the investigation found serious violations of state policy and has called on Caldwell to resign. Caldwell remains lieutenant governor and secretary of state and has denied wrongdoing.