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Capitol Report: Judiciary security updates and Supreme Court clarifies reporting requirements

By NJSBA Staff posted 08-16-2018 09:43 AM

  

Judiciary updates security on web-based programs

The Administrative Office of the Courts (AOC) has announced the start of p-synch—password synchronization that requires users to electronically reset passwords every 90 days. All users must complete the initial password process through p-synch no later than 5 p.m. Oct. 14 in order to avoid disruption in access to the Judiciary’s applications.

The upgrade is part of the Judiciary’s efforts to keep up with industry security standards as set forth in the National Institute of Standards and Technology Cybersecurity Framework. In addition to changing passwords every 90 days, users will have to choose and answer three personal security questions that will later allow them to reset their password if the account becomes disabled. Users of the Judiciary’s web-based programs, including attorney registration, eCourts, eCDR, eTRO, eVNF, EM, MACS and DVCR, are encouraged to update their passwords.

Directive requires judges to report family member involvement, commercial involvement in litigation; updates transfers of venue requirements

The Supreme Court issued a policy clarifying the reporting requirements for judges and justices with respect to a personal or immediate family member’s involvement in litigation, and updating the parameters for transfers of venue to another forum. The directive also modifies the procedures for judges to report both the involvement in litigation and disposition of the matter, and incorporates new protocols for notice to the parties and transfer of venue. Directive #11-18 supersedes prior Directive 7-11, and is effective immediately.

Section A is relative to reporting requirements, and requires judges to report their own involvement or immediate family involvement in any type of litigation—contested or uncontested—in any state or federal court or administrative tribunal. It also calls for reporting personal or commercial involvement in any proceeding in bankruptcy court and/or the personal or commercial involvement in a bankruptcy proceeding of a spouse, civil union partner or domestic partner domiciled with the judge.

In municipal court, judges must report their own involvement or immediate family member involvement in litigation—contested or uncontested—for all disorderly persons, petty disorderly persons, and driving while intoxicated matters. Further, judges must report their involvement or immediate family involvement in uncontested or contested litigation in all other municipal court matters, including ordinance violations and traffic tickets where a court appearance is required or scheduled. This includes matters where a judge is personally named and those in which the judge is a party in interest.

Further reporting requirements require judges who have an immediate family member who regularly appears in any New Jersey state or municipal court as an attorney, expert witness, police officer, or other participant, to file a one-time notice provided by the AOC. The notice must be updated if there is a change in circumstance.

Transfers of venue will be required where the judge sits and the litigation involves the judge or immediate family member who is either a party or witness, or when an immediate family member has employment requiring regular court appearances. Notice must be provided in advance to the parties, identifying the conflict and affording the parties an opportunity to object.

For a copy of the policy and the forms, go to njcourts.gov/notices/2018 or contact Meryl G. Nadler, counsel to the administrative director, at 609-815-2900, ext. 52400.

This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.

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