NJSBA Family Law Section

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Open mindedness and coordination between bench, bar can make virtual family court a success

By NJSBA Staff posted 05-15-2020 01:47 PM

  
The drastic changes in New Jersey family courts necessitated by the COVID-19 pandemic have involved a learning curve, but collaboration between attorneys and the judiciary has meant forward movement for many matters.

That was the take of panelists at Friday morning’s Family Bench Bar Conference, part of the NJSBA 2020 Virtual Annual Meeting. Speakers all emphasized the importance of communication and empathy as clients, litigants and judges navigate a shift that will likely have lasting changes for the legal community.

“Please keep an open mind,” said Superior Court Judge Harold U. Johnson, who sits in Cumberland County. “Don’t be the attorney that looks at me and says ‘I don’t want to do Zoom hearings...you can do all my hearings when we’re back in a brick-and-mortar building.’...Let’s figure out a way we’re going to do this and let’s resolve this for this family or these children.”

The program, moderated by Robin Bogan of Pallarino & Bogan in Morristown, featured Johnson, Camden Judge Charles W. Dortch Jr., Bergen County Judge Peter J. Melchionne, Burlington County Judge Richard J. Nocella, Somerset County Judge Kimarie Rahill, Hudson County Judge Tara Schillari Rich, Family Law Section Chair Sheryl Seiden and incoming section chair Ronald G. Lieberman.

While it varies between vicinages, conferences, calendar meetings, divorces, judge trials and more are going ahead in county courts across the state, Rahill said.

“The problem is we can’t wait until things go quote, back to normal,” she said. It is unclear when that will be, and even when they return to the courthouse, things will be different.

“It is not going to be business as usual,” she said. Among the issues the judiciary will be facing is manpower due to lack of childcare. “Almost half of the judiciary have young children,” she said.

In response to attorney questions about how judges can ensure members of the public are not being coached, or even coerced, judges said it was true that much of what is happening is on the honor system. At the same time, they said, judges have to be mindful and observant, and should also address that issue at the beginning of the proceeding.

“In fact, if you have a hearing and the judge does not address that at the beginning, ask that it be addressed,” Dortch said, adding that the issue was one that had been discussed at length by judges. “We knew that was going to be an issue.”

In some ways, the judges said, Zoom can be more revealing when it comes to assessing credibility —particularly considering that in the future, litigants may have to wear masks when arguing cases.

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