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CAPITOL REPORT
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.

New Arbitrator Qualifications and Training Approved By Court

The Supreme Court approved amendments to arbitrator rules in accordance with recommendations made in the report of the Supreme Court Arbitration Advisory Committee regarding the training and qualifications of arbitrators. The Court declined to act on other recommendations regarding the court-annexed arbitration program relating to arbitrator compensation and trial de novo fees. These recommendations are consistent with the recommendations of the New Jersey State Bar Association.

Rule 4:21A-2(b) is amended to increase the experience requirement from seven to 10 years for individuals seeking to become arbitrators. It also provides that certified civil trial attorneys with requisite experience are entitled to automatic inclusion on the roster. The Court also amended Rule 1:40-12(c) to restructure the continuing education requirements for arbitrators. The association called the amendments “laudable,” and recommended the changes “to establish stricter requirements concerning the requisite background, expertise and training for arbitrators” because it raises the level of competency of arbitrators.

The report also recommended an increase in fees associated with the arbitration program, to which the association objected because of the “already significant” costs associated with arbitration. The NJSBA further questioned the Supreme Court’s authority to change the trial de novo fees without legislative approval.

The NJSBA urged the Court to reconsider the mandatory nature of the arbitration program in favor of an opt-out that it said “would dramatically improve the success rate and commensurately reduce the de novo rate from the current 80 percent.” The opt-out provision proposed by the association would have required the designated trial attorneys to confer to determine if they reasonably believe there can be a meaningful hearing that would assist the parties in resolving the matter. It would have required the attorneys to certify that they conferred and failed to agree that an arbitration hearing would be productive, compelling the attorneys to review their files closely and confer with opposing counsel early in the matter.

The Court declined to act on the fee recommendation and also declined to act on the association’s proposal to opt-out of arbitration.

Court to Hold Hearing on Proposed Evidence and Pretrial Intervention Rule Changes

The Supreme Court will convene a Judicial Conference on Sept. 6 to discuss proposed amendments to the Rules of Evidence and to Part III of the Rules of Court related to pretrial intervention. The association will have representatives present to speak on its behalf in support of its previous recommendations on the rules.

The Court will hear testimony related to New Jersey Rule of Evidence 1001, regarding electronically scanned documents to be considered “originals.” The association supports the rule amendment as “practical and appropriate.” The Court declined to consider amendments to N.J.R.E. 603, regarding oaths or affirmations; 604, regarding interpreters; and 803(a)(1)(B), regarding prior statements of witnesses. Also recommended was a proposed uniform affirmation, which the Court also declined to consider. The association supported these proposed changes.

Extensive changes to the Pretrial Intervention Program (PTI) are also being proposed to realign the program to its original purpose, to divert from prosecution first-time offenders who would benefit from its rehabilitative components. Changes include shifting the initial approval and screening process to the prosecutor to make a preliminary decision in certain cases where a defendant is unlikely to be admitted into the PTI program. There will be two PTI application categories—those who are required to obtain prosecutor consent and those who are not. Applications for PTI will be precluded from those defendants who have traditionally been excluded from the program based on prior criminal history.

The proposed rules related to PTI will also incorporate statutory amendments addressing the requirement to enter a guilty plea for admission into the PTI program and the presumption against admission for certain offenses. There are also proposed court rules regarding how to appeal an unfavorable ruling.

The Judicial Conference will take place at 5 p.m. on Sept. 6 at:

New Jersey Law Center
One Constitution Square
New Brunswick, New Jersey 08901

Anyone who wishes to speak at the session should notify the acting administrator of the courts by Tuesday, Aug. 29. The request must include the speaker’s name and whether he or she will be representing an organization. Speakers are limited to five minutes. Requests must be made in writing to the following address:

Hon. Glenn A. Grant, Acting Administrative Director
Attention: Judicial Conference 2017
Hughes Justice Complex
Post Office Box 037
Trenton, New Jersey 08625-0037

A request may be made by email to [email protected].

Court Issues Correction to Omnibus Rule Amendment 3:7-9

The Court issued a correction to its July 28 omnibus rule amendment order related to Rule 3:7-9 (“Form of Post-Indictment or Post-Accusation Warrant and Summons”). The amendments, limited to the second amendment, state that a post-indictment or post-accusation summons shall be in the same format as the post-indictment or post-accusation warrant, except that it shall be directed to the defendant and require the defendant to plead before the court at a stated time and place. A failure to appear will result in a bench warrant for the defendant’s arrest.

Attorney Volunteers Sought for Military Legal Assistance Program

The New Jersey State Bar Association’s Military Legal Assistance Program provides free legal advice to veterans who encounter legal issues before their deployment or upon their return home. Members of the military who have served in active duty or in the reserve units can receive assistance with family law, debtor-creditor issues and employment law matters. Any attorney who annually volunteers 25 or more hours of pro bono service can earn a Madden exemption. To find out more please visit njsba.com, or email [email protected].