Earlier this month, Judge Glenn A. Grant, acting Administrative Director of the Administrative Office of the Courts, shared insights about how the courts are responding to the ongoing COVID-19 pandemic.
Grant has been holding virtual roundtable discussions with various groups around the state. At a session with the New Jersey State Bar Association’s Board of Trustees he addressed a wide range of issues including virtual civil trials; landlord/tenant cases; technology resource matters; the future of municipal courts; health and safety protocols; and probation and pretrial monitoring.
The listening session included a question-and-answer segment where members of the Association’s governing body provided feedback and posed inquiries. The NJSBA has focused considerable energy on helping lawyers navigate through the challenges the pandemic has and continues to pose and its Pandemic Task Force remains dedicated to examining issues facing the profession and public.
Below is Judge Grant’s summary of the listening session where he shares what to expect in the days, weeks and months ahead for the New Jersey courts.
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“Thank you for participating in my March 3, 2021 Listening Session on Court Operations during the ongoing COVID-19 pandemic. The virtual roundtable brought together more than 60 participants, including many of the senior leaders of the New Jersey State Bar Association (NJSBA).
At the outset, I described the multiple, interlocking challenges that face New Jersey and our larger community, including
1. The COVID-19 pandemic, which continues to pose both acute and attenuated risks to public health and physical and mental wellness;
2. The call to actualize meaningful social justice, including in the legal system;
3. The urgency of addressing housing instability before and after eviction moratoria expire;
4. The need to continue and expand criminal case processing, especially for detained defendants;
5. The need to address the extraordinary number of non-criminal matters that will require the bar’s collaboration and support to resolve; and
6. The call to reimagine all court processes so as to integrate the beneficial aspects of remote operations in order to improve case processing, bridge the social justice gap, and support the fair and timely administration of justice.
Your insights on these important topics will assist the Judiciary in better understanding the needs and concerns of attorneys, litigants, and all court users. This … summarizes the overarching themes of the conversation and provide links to resources pertinent to the topics of discussion.
The listening session focused on six main areas: (1) virtual civil jury trials; (2) landlord tenant operations and options for attorneys to support settlement efforts and to provide representation; (3) technology resources, including courthouse technology rooms; (4) municipal court practice and the future of municipal courts; (5) health and safety protocols in state court facilities; and (6) Probation Services and Pretrial Monitoring, including the Judiciary Opportunities for Building Success (JOBS) program.
1. Virtual Civil Jury Trials
The New Jersey Supreme Court in its Jan. 7, 2021, Order authorized a two-phase approach to virtual civil jury trials, with trials initially starting in a few counties and proceeding only with the consent of all parties, and then as of April 5, 2021, expanding statewide with no requirement of consent. Although the first trials will be straightforward (involving few parties, witnesses, and issues in dispute), more complex matters also are eligible for virtual jury trials.
The first three virtual civil jury trials have been conducted in Gloucester, Monmouth, and Passaic Counties. The Court’s Feb. 1, 2021, Order amended two provisions of the Jan. 7, 2021, Order, including to provide that recordings of those first trials will be posted on the Judiciary’s website after review (rather than live broadcast) to make sure that images of jurors are not inadvertently shown. Those videos and additional resources for practitioners now are available on the Judiciary’s public website.
Counties are conducting mock trials, and attorneys are encouraged to participate as possible. Members of the NJSBA already have participated in mock events and have provided useful feedback that continues to inform the expansion of virtual civil jury trials. Ongoing input from judges, attorneys, and jurors will be critical to refining and sustaining the success of virtual civil jury trials. I welcome your suggestions for additional options and your requests for resources that will assist attorneys in navigating this new way of trying cases.
The NJSBA inquired about the issuance of trial notices for civil cases. I confirmed that the courts are continuing to follow standard case management practices, including as to noticing cases for trial. Receipt of a trial notice indicates that a case is high on the list for an upcoming trial date. Before any case is scheduled for a virtual civil jury trial, however, the judge will meet and confer with the parties and will enter an order that addresses how that virtual jury trial will proceed. Judges and designated staff will work closely with counsel to support the success of virtual civil jury trials.
Virtual civil operations will continue to be critical even when onsite presence expands because criminal cases involving detained defendants will need to be the top priority once in-person jury trials resume.
2. Landlord Tenant
Executive Order 106 imposed a moratorium on residential evictions, and landlord/tenant (LT) trials remain suspended (with limited exceptions as provided in the Court’s July 14, 2021 Order). While LT trials are on hold, however, the Judiciary is continuing to support opportunities for settlement, including through voluntary pretrial/settlement conferences that as of now are conducted virtually. As necessary, individuals may request use of courthouse “technology rooms” to participate in those virtual events.
Looking ahead to the large number of LT cases that will be before the courts when the eviction moratorium expires, the Judiciary is exploring the use of the Judiciary Electronic Document Submission (JEDS) System as a platform for the submission of evidence for LT matters. We also are continuing to focus on the clarity of court-generated notices, to ensure that recipients understand how their court events will be conducted.
Assistance from attorneys is and will continue to support improvements in LT matters. As discussed at the March 3 listening session, attorneys can earn Continuing Legal Education (CLE) credits by training to serve as LT settlors. Training and resources also will be provided to members of the bar who take on pro bono representation of eligible parties in LT matters. Attorneys who provide 25 hours of legal representation to those clients will be entitled to an exemption from their Madden requirements for the following year. I appreciate the ongoing support of the NJSBA in sharing with membership these and other opportunities to provide critical legal assistance.
3. Technology Resources
As we have throughout the pandemic, the Judiciary is continuing to leverage technology to ensure access to the courts and to continue operations to the greatest extent practicable. In addition to the technology rooms established in all counties, the Judiciary distributes tablets (with Broadband as necessary) to summoned and empaneled jurors who require them to participate in jury selections, grand jury sessions, and, shortly, in virtual jury trials. Court staff also provide training to jurors and assistance to court users to ensure that everyone has meaningful access to the justice system.
As discussed, technology “test runs” are critical to the preparations for virtual events, including but not limited to virtual trials. To the extent possible, the Judiciary also will support attorney participation in virtual sessions by scheduling use of technology rooms as necessary.
The Judiciary is continuing to expand our already strong electronic filing and case management systems, including through future integration of eCourts and the Judiciary Electronic Document Submission (JEDS) system. We will continue to solicit input from practitioners on these initiatives.
4. Municipal Court Operations – and the Future of Municipal Courts
In mid-March 2020, the Supreme Court suspended Municipal Court sessions along with other high-volume events that involve large numbers of people in a confined physical space. Recognizing that the COVID-19 pandemic would continue to affect court operations, all stakeholders worked together to implement virtual services.
The Supreme Court in May 2020 announced the resumption of Municipal Court services in a primarily virtual format. From June through December 2020, more than 1.3 million defendants were scheduled for virtual hearings in Municipal Courts throughout New Jersey.
The Supreme Court’s April 20, 2020, Order provides that court events generally will be conducted remotely, including most Municipal matters. However, certain especially serious matters – including sentencing hearings and evidentiary hearings and trials in Municipal matters that involve a reasonable likelihood of a jail sentence or loss or suspension of license – can be conducted remotely only with the consent of all parties.
This “remote first” approach in Municipal will continue, especially over the coming months as the New Jersey Department of Health works to vaccinate 4.7 million people. Adherence to health and safety protocols will remain critically important.
At the same time, the Judiciary has implemented a number of key reforms to enable parties to resolve minor municipal matters without appearing (even virtually) in court. In one of the first steps, the Supreme Court’s March 16, 2020 Order relaxed the Rules of Court so as to eliminate the hardship requirement for pleas by mail. Rather than coming to a court facility, court users can complete and submit the plea by mail form.
5. Health and Safety Precautions
The Judiciary remains committed to supporting the health and safety of all individuals who seek on-site court services and participate in in-person court events. Modifications in courtrooms to support social distancing and minimize the risks of transmission of COVID-19. Earlier notices reinforce the Judiciary’s commitment to following public health recommendations and providing notice to affected individuals if there is a potential COVID-19 exposure in a court location.
As noted, the Supreme Court in its June 9, 2020, Order required that all occupants in Judiciary facilities wear face masks and maintain social distancing. This Sept. 22, 2020 notice provided further clarification of the circumstances in which a judge may direct or permit individuals within a courtroom to remove or lower their mask.
6. Probation and Pretrial Monitoring; JOBS Program
The Judiciary is continuing to support public safety through consistent interactions and effective oversight of individuals on probation supervision or pretrial monitoring. The methods of performing those critical functions have evolved during COVID-19 and will continue to adjust consistent with public health requirements.
I spoke about the Judiciary Opportunities for Building Success (JOBS) program, which connects local employers – including Wayfair, Wakefern, Audible, Goya, and others – with individuals who are demonstrating success in Drug Court and other Judiciary programs and who need reliable, full-time employment in order to advance their rehabilitation. Please reach out to me with suggestions of employers who may be willing to participate in this important effort to improve the lives of individuals and the quality of our communities.”