The New Jersey State Bar Association (NJSBA) has been a vigorous advocate during the COVID-19 pandemic with the Judiciary and government officials about addressing challenges in municipal courts, which represent the face of the justice system for millions of people each year.
The ongoing crisis has presented challenges for municipal court practitioners, first because court closures brought their practices nearly to a standstill for several months, leading to severe financial challenges for some attorneys, and second, because the resumption of proceedings have presented new challenges to navigate virtual systems.
The NJSBA has sought to be part of a solution that would ensure fair and just municipal court proceedings could resume and continues to work with officials to address emerging issues and educate the state’s municipal court attorneys about how proceedings will work now.
This summer, the courts announced municipal court practitioners and their clients could resolve certain matters online through plea agreements reached utilizing the court’s new Municipal Court Online Resolution System (MCORS). The system is meant to allow for municipal court attorneys and defendants to dispute minor offenses, such as speeding, improper passing or careless driving, and engage with municipal prosecutors to reach a plea agreement without the need for a court appearance. It is accessible to attorneys through the attorney login page on the court’s website.
In June, the NJSBA wrote to the Judiciary to raise issues about the new program and plea-by-mail process, namely that it was confusing, inconsistently applied, did not effectively permit the disposal of many municipal court matters, and did not meet the notification requirements concerning potential immigration consequences. Further, the NJSBA said practitioners needed to be consulted about the development of a virtual portal, both so they knew how to use it and how they could properly advise clients.
That resulted in action.
The Judiciary convened a meeting with the NJSBA and court officials in July about the online dispute resolution system. Following that meeting, the NJSBA was able to obtain a preview of the program for its Municipal Court Practice Section. Representatives from the Court attended a section meeting in August to provide an actual demonstration for the section, answer questions and gain feedback from practitioners.
Just this month, court representatives participated in a continuing legal education program about municipal court and again provided a demonstration of the dispute resolution program, answered questions and asked for feedback. A representative from the Motor Vehicle Commission (MVC) also participated in the educational seminar and was able to answer questions, address concerns and obtain feedback about how the MVC is addressing the needs of municipal court litigants.
In addition to this advocacy, the NJSBA has held numerous free educational seminars to address issues practitioners have faced during the pandemic, including several that addressed the needs of municipal court practitioners.
The NJSBA will continue to monitor the issues facing municipal court practitioners, their clients and the public and plan to invite court representatives to an upcoming section meeting to have more dialogue after practitioners have had the opportunity to use the system for a little while and receive additional feedback.
To read additional correspondence the NJSBA has sent regarding municipal court issues, visit NJSBA and see the advocacy section of our dedicated COVID-19 page or click here and here.
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.