CAPITOL REPORT, by Lisa Chapland, Esq. @Lisac1997
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.Legislators Talk Cannabis Law at NJSBA’s Mid-Year MeetingSen. Nicholas Scutari (D-Union) and Assemblyman Herb Conaway (D-Burlington) took to the stage at the New Jersey State Bar Association’s Mid-Year Meeting in Madrid to talk about cannabis law in New Jersey. The two talked about New Jersey’s Compassionate Use Medical Marijuana Act, authored by Scutari, which authorizes the use of marijuana to treat or alleviate pain or other symptoms associated with certain debilitating medical conditions.
The panel also discussed the current legal landscape of marijuana laws in New Jersey and how to navigate the multidisciplinary challenges of counseling clients in the cannabis industry. Specifically, the panelists talked about the interaction of state laws with the federal Controlled Substances Act and discussed banking and federal tax difficulties faced by canabusinesses.
Both attended the NJSBA Mid-Year Meeting in Amsterdam to discuss related issues on cannabis regulations and the ethics behind counseling clients. The program was developed by Assemblyman Raj Mukherji (D-Hudson), who was unable to attend the panel. Mukherji, an attorney, is a long-time advocate of legalizing marijuana and cofounder and principal in a national medical cannabis startup company.
NJSBA Urges No Action on Proposed PERC RegulationsThe NJSBA urged the Public Employment Relations Commission to hold off on proposed rules changes published on Aug. 7. Pointing out that a major provision of the Police and Fire Public Interest Arbitration Reform Act is set to expire on Dec. 31, the association recommended the commission wait until the Legislature acts to readopt the expiring provision or to amend the act in any other manner rather than adopt new rules.
Mandatory Appellate Division Electronic Filing Becomes Effective Jan. 1The Supreme Court approved a plan to implement mandatory electronic filing of all Appellate Division appeals and other documents by attorneys through eCourts-Appellate. The new mandate completes a phased rollout of the electronic filing system, which began in 2016.
The initial rollout required electronic filing of criminal, children in court, sexually violent predator and civil commitment appeals. Beginning Jan. 1, 2018, all other cases are required to be electronically filed. Attorneys who file paper pleadings will have them returned date stamped “Received But Not Filed – Must Be Filed Electronically,” with a requirement that they be filed electronically within 15 days in order to preserve the original received date. These rules apply when there is a
pro se litigant; however, attorneys are also required to print from the eCourts-Appellate system all pleadings and documents electronically filed, and serve them by mail on the
pro se litigant. Exceptions to these requirements may be granted by the court if extraordinary circumstances prevent an attorney or law firm from utilizing eCourts-Appellate.
The Administrative Office of the Courts offers training on eCourts-Appellate. For instructions on obtaining a login or training, go to
https://www.judiciary.state.nj.us/attorneys/ecourts.html.
Court Issues Revised Statement for Docketing Special Civil Part Judgments The Administrative Office of the Courts issued a revised statement for docketing form to be used for special civil part judgments. The form, to be generated by eCourts DC (Special Civil) is to be produced by the local Special Civil Part Office when requested by the judgment creditor, issued in the name of the clerk of the superior court.
The procedure for docketing special civil part dockets has been streamlined to eliminate the requirement of the clerk’s certification and to allow the judgment creditor to enter additional costs onto the statement for docketing form. The judgment creditor may also amend the form to mirror the complaint’s caption.
For small claims matters and for special civil part actions where hard copy paper filings are still required to be filed by
pro se litigants, the procedure will continue to be that the judgment creditor must request the Special Civil Part Office to issue a statement for docketing and otherwise comport with the filing requirements of Rule 6:1-1(f).