New Jersey State Bar Association (NJSBA) President Kimberly A. Yonta testified before the Assembly State and Local Government Committee last week in support of legislation that provides protections for judges and prosecutors. A-1649 (Quijano) prohibits the publication of addresses and telephone numbers of judges and prosecutors. The NJSBA strongly backs the measure as an important first step in enhancing protections of judges following the attack on U.S. District Court Judge Esther Salas.
“Such an attack is every judge’s nightmare. Yet these threats are visited upon judges across the court system, whether they handle family, civil or criminal matters,” said Yonta. “These threats are an attack not just on individual stewards of justice, but on the entire system, a cornerstone of our democracy.”
The bill was voted out of committee with a promise from Assemblywoman Annette Quijano to consider amendments to address the NJSBA’s concerns. Those concerns include a clarification that the protections are inclusive of retired judges and prosecutors, their spouses and children; strengthening protections for publishing prohibited information by reducing the liability standard from “knowing and reckless” to a less exacting standard than strict liability; and considering an expansion of these protections to others who have not yet been contemplated.
Yonta closed her testimony echoing the words of Judge Salas, who made an emotional plea for enhanced protections. “Now more than ever, we need to identify a solution that keeps the lives of ... judges private. I know this is a complicated issue, and I don’t pretend to know or have all answers, but together we can find a way.”
The bill is scheduled to be heard in the Assembly Appropriations Committee later this month. The NJSBA will continue to monitor it and provide input and analysis as it evolves.
Supreme Court upholds compelled production of passcodes
In a 4-3 decision, the New Jersey Supreme Court affirmed an appellate court decision to compel the production of cellphone passcodes, holding that this falls within the foregone conclusion exception. The NJSBA was as amicus curiae party in State v. Andrews (Docket No. A-72-18), urging the Court to reverse the lower court’s decision.
The matter considered whether the foregone conclusion exception applied to compel a defendant to provide a passcode for the decryption of an electronic device for the purpose of obtaining information that could be used against the defendant in a criminal prosecution. Justice Lee A. Solomon, writing for the majority, opined that while the act of producing passcodes is presumptively protected by the Fifth Amendment, its testimonial value and constitutional protection may be overcome if the passcodes’ existence, possession and authentication are foregone conclusions.
Justice Jaynee LaVecchia wrote the dissenting opinion, which the NJSBA supports, pointing out that the Court’s outcome deviates from past principles protective of a defendant’s personal autonomy in the face of government compulsion in a criminal matter.
The NJSBA brief was written by Trustee Christopher J. Keating, Richard F. Klineburger, Brandon D. Minde and Matheu D. Nunn. Keating argued the matter before the Supreme Court.
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.