The second day of the New Jersey State Bar Association Annual Meeting and Convention brought thousands of attorneys and judges together for networking and dozens of educational seminars. The lineup on Thursday covered every practice area from LGBTQ rights matters; to estate law updates; to criminal, municipal and immigration sessions.
Demystifying the Path to the Bench
Attendees were treated to a behind-the-scenes look at how to carve a pathway to the bench from senators, members of Association’s Judicial and Prosecutorial Appointments Committee and legislative and administrative staff who walked hand in hand in the process. JPAC Vice Chair Carlos M. Bollar led a panel with Sens. Joseph A. Lagana and Anthony Bucco, Deputy Chief Counsel to the Governor Deirdre Naughton, former Executive Director of the Senate Republicans Christine Shipley and Vice Chair of JPAC Michael Paglione.
This deep bench of knowledge shared their bipartisan perspectives on how to prepare to meet with someone about being a judge, what credentials a good judge should have and how to move through the process.
“I can’t tell you how to convince someone to be a judge, but you should be prepared to tell me why you want to be one,” said Bucco.
Panelists demystified senatorial courtesy and where to make your first move. Attendees got a visual map of designated seats and the decisions to be made on how and who to move forward through the process and, more importantly, the red flags or what not to do.
“The process is different in each county, but we do our due diligence to understand the types of candidates we put forward,” Lagana said.
The process is not easy, said the panelists who explained the scrutiny from every stage of the process. And it isn’t guaranteed, said panelists. They left attendees with advice that it can be lengthy, daunting and stressful. But New Jersey’s Judiciary vetting process is one of the strongest in the country, Lagana said. And the process ensures the state’s judiciary upholds judicial integrity.
A Fresh Start
Even after serving a sentence and paying fines for a criminal matter, a decades-old arrest or a juvenile matter can haunt people who are trying to re-enter society, support families and become productive members of society. That’s where New Jersey’s expungement law can play an important role.
“When done right, expungement practice can have an enormous impact on a person’s future,” said Daryl A. Williams, chief assistant prosecutor at the Bergen County Prosecutor’s Office. “Expungement practice changes lives. For many people a criminal record is not just a record; it become a barrier to employment, to housing, to education, to professional licensing…. and sometimes to even basic dignity.”
Williams moderated Wiping the Slate Clean: Expungement in New Jersey which brought together prosecutors, attorneys in private practice and public defenders to examine and discuss the practical strategies of expungement law and procedure. The panel addressed eligibility requirements under N.J.S.A. 2C:52, practical filing and record-retrieval challenges, and the impact of policy considerations that guide expungement decision-making.
Lessons for Women Seeking Leadership Posts
Working hard and being good at your job is critical for women in the legal community, but it is not enough for a woman who wants to become a leader in the profession or at a firm. You have to be intentional.
“If you want to be known as an entity you have to be out there, you have to be interacting. They have to know you. They have to have respect for you,” said Diana C. Manning, NJSBA Second Vice President who is a partner at McCarter & English. “You have to make an impression and you can’t do that if you aren’t engaged in the firm.”
Manning spoke as part of Lessons in Leadership: Intentional Career Growth Guidance and Insights and How Women Can Get the Resources and Compensation They Deserve. The panel examined how women can advocate for themselves in their careers for compensation, client access and case to foster intentional career growth.
Docket management is key, said Lynda A. Bennett, of Barnes & Thornburg. “Being intentional about what you are doing and why after you make partner is so important.”
Success on Appeal
A panel of experienced appellate judges and practitioners emphasized the importance of making sound arguments, writing clear briefs, being concise and - most importantly - credible. Retired New Jersey Supreme Court Justice Barry T. Albin moderated the popular session How Appealing: Tricks of the Trade in Appellate Practice.
Lawrence Lustberg said he writes briefs with the idea in mind that if the court agrees with his opinion, it will make writing a decision easier: “Brief writing is about trying t write the court’s opinion… You’re trying to help the court as much as possible.
Several speakers spoke on the importance of being concise and credible to be most effective.
“If you can synthesize this story down to a sentence, what is it?” Kevin H. Marino said. “The most important thing is credibility.”
New Jersey Solicitor General Jeremy Feigenbaum said there is a place for colorful writing, but it must tie directly to the argument. “You’re seeing a lot more nastiness in legal writing that are a lot more heat than light… My advice to the junior attorney here is really to step back and focus much more on clarity of what you are writing,” he said.
New Jersey Appellate Division Judge Greta Gooden Brown added: “Give me the meat and potatoes; all that fluff isn’t necessary.”
U.S. Third Circuit Court of Appeals Judge Patty Shwartz also agreed. “It ends up being a frustration, more than entertaining.”