Two pieces of legislation to protect the privacy and information of judges – one in the state Legislature and the other in the federal – advanced. Daniel’s Law, A-1649 (Quijano), passed the Assembly unanimously, and the Senate companion was introduced by Senator Nellie Pou. The bills rename existing bills to honor Judge Esther Salas’s son, who was killed as a result of an attack at her home by a disgruntled attorney. Senator Robert Menendez introduced the Daniel Anderl Judicial Security and Privacy Act to address additional protections for federal judges.
The New Jersey State Bar Association (NJSBA) worked closely with legislators on both bills. “Threats are visited upon judges across the court system, whether they handle family, civil or criminal matters,” said NJSBA President Kimberly A. Yonta. “They happen to judges when they are on the bench and when they have retired. These threats are an attack not just on individual stewards of justice, but on the entire system, a cornerstone of our democracy.”
Senators Menendez and Cory Booker, and Congresswoman Mikie Sherrill, announced the Daniel Anderl Judicial Security and Privacy Act to extend protections to the federal Judiciary and their families. They made their announcement in front of the Newark Federal Courthouse to outline bipartisan, bicameral legislation that would safeguard the personally identifiable information of federal judges and their immediate families.
“We may not be able to eliminate hatred from someone’s heart, but what we can do is make sure that men and women who serve on the federal bench don’t make such easy targets,” said Menendez.
Salas was at home with her husband and son when a gunman – a disgruntled attorney – rang her doorbell posing as a delivery man and opening fire on her son and husband. Her son, Daniel, died, and her husband was critically wounded. Salas released a video two weeks after the shooting urging steps to protect judges.
“Now, more than ever, we need to identify a solution that keeps the lives of judges private,” said Salas in her statement. “I know this is a complicated issue, and I don’t pretend to know or have all the answers, but together we can find a way.”
The NJSBA is monitoring both bills.
NJSBA monitors resumption of criminal jury trials in two counties
Jury selection moved forward in connection with two in-person criminal jury trials this week in Bergen and Atlantic counties, pursuant to the Supreme Court’s Post-Pandemic Plan. Several of the recommendations contained in two reports by the Resumption of Juries Committee, part of the Association’s Pandemic Task Force, were included in the final plan issued by the Court, and the NJSBA continues to carefully monitor in-person proceedings.
In the cases that moved forward, the Atlantic County proceeding resulted in the seating of 14 jurors to hear testimony in a check-forging case, while a challenge to the juror selection process halted the Bergen County case just before opening arguments.
Jurors in Atlantic County’s State v. T. Williams were seated in the gallery inside the courtroom instead of the jury box, and all trial participants wore masks for most of the proceeding. There were plastic barriers around the courtroom to provide additional protection when social distancing was not feasible. The trial was expected to conclude with just one day of testimony.
An order to show cause challenging the jury selection process in Bergen County’s State v. Dangcil abruptly shut down the proceedings the day before opening arguments were to begin. The defendant in that case questioned whether the jury array adequately reflected a representative cross-section of the community, as required under the Constitution. Responding to an emergent appeal following the trial court’s denial of the order to show cause, the Appellate Division stayed the proceedings to allow it to hear the matter on an expedited basis. Briefs are due this week. No oral argument has been scheduled.
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.