Ethics rule amendment accommodates cannabis counsel
On the eve of important votes in the Legislature regarding adult-use cannabis—following voter support of the constitutional amendment to legalize recreational use of marijuana by a three-to-one margin—the New Jersey Supreme Court announced amendments to the Rules of Professional Conduct 1.2(d) regarding counseling clients on marijuana laws. New Jersey already authorizes medical-use marijuana, which led to the last marijuana-related amendment to RPC 1.2 tailored to medical marijuana. New Jersey already authorizes medical-use marijuana, which led to the last marijuana-related amendment to RPC 1.2 tailored to medical marijuana.
“The need for attorneys to provide representation and advice regarding those changing laws gives rise to a new array of professional responsibility considerations for attorneys,” said Acting Administrative Director of the Courts Judge Glenn A. Grant. “In recognition of that, the Supreme Court, by order of November 17, 2020, has amended Rule of Professional Conduct 1.2(d) so as to authorize attorneys to counsel clients on all New Jersey marijuana laws, not just those laws relating to medical marijuana, as the RPC previously permitted.”
The New Jersey State Bar Association (NJSBA) raised concerns to the Supreme Court to address the expansion of marijuana use in light of the passage of the constitutional amendment, urging the Court to amend the narrow rule that only addressed medical marijuana.
“This is one of the most significant changes to be announced that affects a wide range of legal issues and the NJSBA believes it is important to not only address the change in law in New Jersey, but to also address the likely need for attorneys to advise clients, particularly business clients, on the marijuana laws of other states,” NJSBA President Kimberly A. Yonta stated to Chief Justice Stuart Rabner.
For the latest information on cannabis laws, register for the New Jersey Institute for Continuing Legal Education’s webcast titled “Marijuana is Legal in New Jersey: Now What? Here is What’s Next for You and Your Clients.” The program is scheduled for Wednesday, Dec. 9, from 3 to 5 p.m., and features the sponsors of the cannabis bill—Senator Nicholas P. Scutari and Assemblywoman Annette Quijano—former NJSBA trustee and former general counsel to the Senate Democrats Fruqan Mouzon of McElroy, Deutsch, Mulvaney & Carpenter, and Ruth A. Rauls of Saul Ewing Arnstein & Lehr.
Governor signs Daniel’s Law, providing additional protections to judges
In the presence of U.S. District Judge Esther Salas, whose son was killed by a disgruntled attorney targeting the judge, Governor Phil Murphy signed Daniel’s Law to provide important protections for judges.
“We are here today to renew a commitment to those whose responsibility it is to ensure the cause of justice are able to live safe in the knowledge that their important work can continue without fear for their personal safety or that of their loved ones,” said Murphy.
The bill, sponsored by Assemblywoman Annette Quijano and Senator Joseph Cryan, prohibits the disclosure of personal information of former, active and retired judges and establishes the crime and civil action remedy for disclosure of such information. The NJSBA supported the legislation to protect the independence and integrity of the Judiciary.
Daniel Anderl, the only son of Judge Salas, was gunned down in his home when Salas’s husband, Mark Anderl, answered the door to what he thought was a delivery person. The person was a disgruntled attorney posing as a delivery person, and critically wounded Anderl and murdered Salas’s son.
“With today’s bill signing, I believe symbolically Daniel is doing what he did for his father and I,” said Judge Salas. “He is protecting the lives of countless judicial officers.”
Senators Robert Menendez and Cory Booker were present for the signing. Both are sponsoring the federal Daniel Anderl Judicial Security and Privacy Act of 2020. Congresswoman Mikie Sherrill sponsored the companion bill in the House of Representatives. The federal bill goes further, stopping commercial data licensors from publishing the sensitive information, and authorizes funding to provide additional protections to judges. The NJSBA worked with the sponsors on the drafting of this legislation and supports furthering protections for the Judiciary.
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.