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.
The New Jersey State Bar Association’s first in-person Annual Meeting after a two-year hiatus brought scores of members and over a dozen legislators to Atlantic City to discuss the legal issues of the day. Kicking off the meeting at the Inside Trenton program, a majority of the Continuing Legal Education session focused on the judicial vacancy crisis. The panel featured several lawmakers who discussed the importance of filling judicial vacancies, diversity on the bench, and increasing the mandatory retirement age.
“There are a number of people hanging in limbo waiting for an answer on judgeships,” said Sen. Michael Testa. “This is a problem.” Testa described the process from the nominee’s perspective, having to close a practice, and wait until decisions are made and nominations are posted.
Sen. Anthony Bucco chimed in. “When Senators are working together on a bipartisan basis to get things done – like filling judicial vacancies – that’s a good thing.”
Also on the panel were two members of the Assembly Judiciary Committee – Assemblyman John McKeon and newly-elected Assemblywoman Vicky Flynn. They were on opposite sides of the issue on McKeon’s bill to increase the mandatory retirement age for judges from 70 to 72.
“This is not a bill to address judicial vacancies, it’s a bill to address the sign of the times,” said McKeon. He pointed out that the retirement age had not changed since the drafters of the 1947 New Jersey Constitution wrote it and life expectancies were far lower than they are today.
On the other hand, Flynn said it took away opportunities for increased diversity on the bench by allowing judges to languish longer.
Also joining the panel were Sen. Jon Bramnick, who voiced potential support for an increase in the retirement age “if we could bring them back for approval.” Senate Deputy Majority Leader M. Teresa Ruiz voiced concerns for diversity on the bench. Sen. Troy Singleton talked about how he came around to supporting senatorial courtesy when he became a senator as a means to keep the process balanced and fair.
Other issues discussed among the panelists were recreational cannabis, increasing funding for families, and prescription affordability.
Several other programs featured key legislators such as Senate President Nicholas Scutari, who spoke on the NJ Insurance Fair Conduct Act. He authored the law that got a lot of press because it forces insurance companies to resolve claims on a good faith basis or risk treble liability.
Second Chances featured former Gov. James E. McGreevey, Assemblywoman Claire S. Swift and Testa alongside Nikki Tierney to talk about the new expungement law that Tierney spearheaded following her allocution to a felony child endangerment charge. She was disbarred, but as a successful graduate from Recovery Court, has been outspoken on the need for change in addressing addiction in the legal system.
Assemblyman Raj Mukherji talked retainer agreements – specifically in cannabis-related projects. Sen. Patrick Diegnan spoke about emotional disabilities in education during the pandemic. Singleton also appeared on a domestic violence panel to share his personal perspective on the issue and his work on Lisa’s Law. Bramnick entertained members with his comedy on Why Jurors and People Don’t Like You. He provided them with a new round of what-not-to-do’s in his popular CLE on the issue.