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Emerging from the Pandemic is a Key Topic at Bench Bar Conferences

By NJSBA Staff posted 05-21-2021 12:13 PM

  

Finding a path forward was a shared theme of two bench bar conferences Friday at the NJSBA Annual Meeting.   

Family, criminal, civil and and workers’ compensation practitioners spent the morning examining how the pandemic has affected the practice areas. The bench bar conferences were a key feature of Friday programming at the NJSBA Annual Meeting, and allowed attorneys and judges to share lessons from the past year.  

An overarching theme among all the bench bar conferences was that the partnership of judges, their staff, attorneys and litigants have been critical in keeping dockets moving successfully.  

“While I know we cannot wait until the day when we can appear in open court… we are getting things done remotely, while not at the pace we are used to,” said Mark Setaro, chair of the NJSBA Workers’ Compensation Law Section. “The virtual setting may be here to stay and be part of the norm.” 

Added family division Superior Court Judge Richard Nocella: “The bar and the Judiciary have worked so well together through this pandemic. We are going to have to continue that. We are still in uncharted waters.”   

Several family judges and practitioners shared lessons learned from practicing during the pandemic, including a willingness to grow and innovate, reminders to have patience with each other as the inevitable technical glitches hamper events, and increased empathy since so many people faced losses and other challenges. Combined, that means a more resilient bench and bar, said Judge Kay Walcott-Henderson.   

“Everybody should really pat themselves on the back as family practitioners… everybody has grown so much in the past year and it is amazing what we have been able to accomplish,” said Judge Kimarie Rahill.   

At criminal bench bar conference, the conversation focused on practical techniques to use in virtual hearings and trials. And at the civil bench bar conference judges spoke about how they have adjusted to accommodate virtual, including having staff dedicated to watching the jury, adjusting the juror oath to reinforce the sanctity of virtual proceedings, reminding jurors they cannot speak to anyone in their homes about any testimony they hear while serving virtually and finding ways to accommodate observers.  

Superior Court Judge Owen McCarthy said, “We try to keep this normal and routine.”  

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