At next week’s New Jersey State Bar Association Annual Meeting and Convention in Atlantic City, Domenick Carmagnola will conclude his term as president of the state’s largest organization of judges, lawyers and legal professionals.
During his tenure, the Association accomplished a great deal to ensure New Jersey lawyers are supported, informed and have the necessary tools to flourish. It advanced critical legislation and was an important voice on amicus matters; examined the issue of bias and discrimination in both jury selection and the profession; remained ever-committed to helping the New Jersey legal community successfully transition from the pandemic-induced shutdown by promoting job fairs, wellness programs and special events; and raised alarm bells about the judicial vacancy crisis facing our court system.
“It has been an honor and a privilege to serve the members as the president of the New Jersey State Bar Association,” Carmagnola said. “I have always had the utmost respect for the bench, the bar, and my colleagues in this profession. That respect has grown tenfold after working closely with so many smart, talented and committed members who have volunteered their time, expertise and passion to address the critical issues facing the profession.”
“I love lawyers and our profession, and I look forward to helping the Association continue to meet and exceed its goals. I am confident that this Association is strong, vibrant and will continue to work tirelessly to improve the profession and our system of justice. With heartfelt gratitude, I say thank you and farewell.”
Carmagnola spoke recently about the issues the NJSBA addressed during the past year and shared the biggest lessons he learned.
With more than 70 vacancies on the bench, and two open spots on the state Supreme Court, the issue of judicial vacancies has been critical this year. What role has the NJSBA played in highlighting the public concern?
The NJSBA has been outspoken for the past several years about this issue, but even more so this year as we have seen a perfect storm of issues come together in a way that threatens the foundations of the justice system. In the strongest terms, we have urged that the governor nominate candidates to the bench as soon as possible and work diligently with legislators to ensure the successful confirmation of each, in the way the framers of our Constitution intended. Our court system is an independent, third branch of government and all efforts should be taken to ensure it can return to full strength as soon as possible.
The historic numbers of vacancies throughout the court system, many of which have been pending for several years, mean there are too few judges serving the bench. Coupled with the impact of the pandemic, the vacancies have resulted in staggering backlogs and too many people waiting for justice. The NJSBA plays an important role in the review and vetting of candidates, and throughout this past year its Judicial and Prosecutorial Appointments Committee has worked incredibly hard reviewing candidates and sharing those findings with the Governor’s Office. We are and will remain completely dedicated to alleviating this issue that is affecting the lawyers, businesses and people of this state.
Advocacy is at the heart of what lawyers do every day. What are some of the accomplishments of the NJSBA’s amicus program during the past year?
Our amicus efforts have focused on some of the most critical issues of our time, like the constitutional right to a fair and impartial jury. Several of our most recent amicus efforts touch directly on the issues that matter to attorneys and residents in their daily lives, such as the role attorneys should play in real estate transactions, how drug recognition evidence in DWI cases should be handled, what form palimony agreements must take, and what kind of information clients should have in arbitration matters. In fact, we continued to provide recommendations about the arbitration issues and policy structure after the Court’s decision was issued. We also weighed in on a pair of cases at the heart of an attorney’s ability to practice, cases that examined how misappropriation is addressed in circumstances where trust accounting errors or insufficiencies are alleged while insuring public confidence is retained.
In State v. Dangcil, the Association’s advocacy left an indelible mark on the efforts of the legal system to ensure a fair and impartial jury trial—one that is truly representative of a cross-section of the community—for all future parties. The Dangcil case was the first in-person criminal jury trial held after the pandemic shut down all in-person trials in March 2020. The NJSBA participated as amicus curiae out of concern that the jury selection procedures raised constitutional concerns and should have been conducted in a more transparent manner that preserved the defendant’s rights to participate. The New Jersey Supreme Court’s opinion reflected the Association’s recommendation to collect demographic information about potential jurors to guard against the risk of unconstitutional jury selection and under-representative juries.
I am proud and thankful to all the volunteers who shared their expertise to research, brief and argue matters on a pro bono basis. That is the true heart of this profession, and their efforts reflect greatly on our Association.
In addition to the Dangcil case, the Supreme Court issued another ground-breaking decision in State v. Andujar. That decision prompted the New Jersey Supreme Court to convene a Judicial Conference for the first time in more than 30 years. The conference focused on the procedures, policies and rules surrounding jury selection to root out discrimination during jury selection. Please share your thoughts on the incredible effort the NJSBA undertook to examine those issues and recommend a path ahead.
As soon as the conference was announced, I convened a working group of attorneys and former jurists to develop recommendations on the necessary steps to identify and root out bias—both explicit and implicit— in the selection of juries. The group gathered information from experts and bar leaders, who reviewed scores of literature and other research relevant to the issues. Raymond M. Brown and Michael G. Donahue III were co-chairs of our working group. Prior to the conference, which was held at the New Jersey Law Center last fall, the Association submitted an extensive report that examined the role bias plays in the jury selection process, the function of for-cause and peremptory challenges in the justice system and recommended reforms to the jury selection process in New Jersey.
We also offered recommendations about the use of peremptory challenges; the value of expanded voir dire; Batson reforms; additional ways to summon jurors; expanded training on bias for all involved in the process, including judges, attorneys and potential jurors; and urged the courts to collect and analyze additional data about juries.
At its heart, the report noted that the pursuit of a representative justice system requires a complex, deep dialogue, and urged everyone involved in the process to think expansively and creatively.
Following the Judicial Conference, I was asked to participate on behalf of the NJSBA on the Supreme Court’s Conference Committee. That committee reviewed the testimony, information and submissions made as part of the conference, discussed and debated them and issued a report that recommended potential reforms to the jury selection process. The Association remains dedicated to doing its part in pursuit of a more perfect system. We believe that should include many approaches to involve critical stakeholders to test and measure the best path ahead, while enhancing substantive and sustained training for all. This has been an opportunity to ensure meaningful and substantive justice for all for generations to come.
Racial justice and fostering a more inclusive justice system were also the focus of the Association’s Commission on Racial Equality in the Law (COREL). What is the latest with the Commission?
The NJSBA remains committed to facing racial justice issues head-on and fostering a more inclusive justice system in the state. I am pleased to report that COREL has produced a report outlining areas of inequality in different parts of the system, from community policing to obstacles for attorneys of color.
As the report notes, the Commission, launched by my predecessor NJSBA Immediate Past President Kimberly A. Yonta, united experts from a wide range of practice areas, including those in private and government practices and retired judges. The group worked tirelessly for two years to pinpoint where racial injustice occurs in the legal world, and offered guidance on how to improve police policies, law firm culture and legislation that tackles racism. The report examined many facets of the issues and offered recommendations on addressing inequities within and outside the criminal justice system, educational awareness and how to advance the careers of young attorneys of color.
I believe the recommendations contained within COREL, created through the outstanding work of many dedicated and experienced attorneys, will help promote a fairer and more inclusive legal system in New Jersey. Further, I am proud to report that the Board of Trustees received the report during its April meeting and is seeking additional feedback from our sections, committees and membership. The Commission will become a Special Committee on Racial Equity in the Law, which will continue the work toward racial equity in the legal system.
What legislative accomplishments stand out for you?
I am grateful to our leadership team and members who help drive the agenda and provide important feedback and guidance along the way. Several issues from the past year stand out to me. For instance, we saw remote notary and the use of electronic signatures become law, a critical need our members identified. We helped advocate for amendments to this law that make permanent the ability to remotely notarize documents. We saw a bill signed into law that permits municipalities to refund excess property taxes paid by a taxpayer. We advanced a law that requires the state Division of Children and Families or the court to consider placement of children with relatives or kinship guardians when making placement decisions. We also successfully supported a bill that put Workers Comp Judges back into PERS. And we supported a measure to provide funding for experiential housing advocacy programs to provide legal services for low- and moderate-income tenants in need of housing assistance.
What did you learn about New Jersey attorneys while serving as president?
They are the most committed, generous, talented and passionate professionals you could ever be around. They truly are the best of the best. One thing that requires a lot of attention in my position is filling various positions within our sections and committees, especially when issues arise which require immediate attention. Every request I made was met with an immediate acceptance. Many times, individuals would reach out directly to me to offer their support and service. The ultimate product we received was incredible. It was clear to me that attorneys in New Jersey love what they do and are completely committed to their craft. It is important that our Association continue to include them and use their expertise to assist in our important work.
What is the most surprising thing that happened during your term?
Getting assigned out for an in-person jury trial and having the opportunity—as the sitting bar president—to experience some of the new procedures that were being used given the pandemic. While the ability to have virtual court events allowed many facets of our court system and practices to continue, admittedly I was not a fan of virtual jury selection or virtual trials. I still strongly believe that jury trials must be in person, yet I was pleasantly surprised at how well virtual jury selection worked. I believe that some element of virtual jury selection will continue even after all restrictions are lifted.