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Capitol Report: NJSBA urges confirmation of Supreme Court name change proposals

By NJSBA Staff posted 10-22-2020 10:40 AM

  

The New Jersey State Bar Association (NJSBA) urged the Supreme Court to adopt proposed amendments to Rule 4:72, which governs actions required for change of names. The joint recommendation of the Supreme Court Family Practice and Civil Practice Committees endorsed earlier recommendations of the Supreme Court Committee on Diversity, Inclusion and Community Engagement to do away with the requirement for newspaper publication for all name change applications.

“The NJSBA urges the Court to adopt the proposed amendments, as they will promote consistency in the name change process and will protect the safety and privacy interests of individuals seeking a name change, particularly those who seek court approval to use a name consistent with their gender identity and lived experience,” said NJSBA President Kimberly A. Yonta in a letter to Judge Glenn A. Grant, J.A.D., acting administrative director of the courts.

The joint committees recommended doing away with the publication requirement because advances in technology and the resulting reduced reliance on print newspapers as a primary source of public information mean the publication requirement “appears to serve little purpose at this time.” The rule still requires specific notice of the application to the Division of Criminal Justice, which conducts a background check. It also requires the application to change the name of minor to be served on a parent who is not a party to the action. The judgment of the name change must be served on the Division of Treasury and, if the applicant has a criminal history or pending criminal charges, on the State Bureau of Identification.

“The rule thus provides appropriate methods for notifying individuals and agencies that might object to the application, including if the name change is sought to evade criminal prosecution, to avoid creditors, or for other wrongful purpose,” said Judge Grant in the notice to the bar.

The NJSBA continues to monitor the issue.

NJSBA weighs in on Civil Service hiring preferences bill

The Military Law and Veterans Affair Section’s prior chair, Ret. Lt. Col. Sally Stenton, testified on behalf of the NJSBA before the Senate Military and Veterans Affairs Committee in support of S-2968 (Gopal), but urging amendments to expand the definition of the term “veteran.”

Raising concerns about the inadvertent consequences of omitting certain veterans, the NJSBA urged the committee to consider expanding the definition of veteran to be in line with the federal definition for Civil Service hiring preferences.

“The association appreciates this step towards changing the eligibility requirements for veterans to obtain Civil Service hiring preferences because it levels the playing field for veterans who have committed their service to this country to achieve valuable opportunities in line with civilians,” said the NJSBA in a statement to the committee.

The bill was voted out of the committee unanimously, and faces a full vote in the Senate. The NJSBA continues to monitor the bill.

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.

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