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.
Initial Appearances in Municipal Court Go All Virtual
The state Supreme Court announced last week that all initial appearances in municipal court cases, including those involving a consequence of magnitude, will be scheduled as a virtual initial appearance. The change took effect immediately upon the Notice to the Bar, issued on March 13. The NJSBA advocated for this uniform procedure to be implemented to assist attorneys and clients when it voiced its concerns about the inconsistency in the municipal courts regarding to the treatment of these proceedings..
This recent measure was issued as a clarification of the Supreme Court’s Oct. 27, 2022, Order on the Future of Court Operations. While initial appearances will be virtual, accommodations will continue to be made for in-person proceedings at the request of attorneys, parties and other participants. Any further appearances after the initial date will be in person or virtual at the discretion of the municipal court judges, consistent with the original order.
Additional Measures Implemented to Accommodate Litigants at Rodino Federal Building
The U.S. General Services Administration (GSA) made available a second security screening station for visitors entering the Peter Rodino Federal Building in Newark. The building houses the Executive Office of the Immigration Review where immigration proceedings occur. In a letter to the GSA, the NJSBA shared the experiences its members and their clients faced waiting for extended periods in inclement weather this winter.
The GSA responded initially by committing to take measures to add an outdoor shelter for those waiting outside to go into the building, which is now scheduled to be completed by March 31. But the NJSBA urged for a second entrance in addition to the outdoor shelter to provide immediate relief and streamline the entrance process, especially during the coldest days of winter.
The NJSBA continues to monitor this issue and remains in contact with U.S. Sens. Cory Booker and Robert Menendez to continue to assist in any further issues moving forward.
Domestic Violence Bill Package Brings NJSBA to Joint Committee to Testify
The New Jersey Assembly Judiciary and Law and Public Safety committees convened a joint meeting to address domestic violence in an afternoon of emotional testimony. The NJSBA testified on several bills, voicing support for many measures as well as raising concerns regarding the implementation of two of the bills. The NJSBA asked legislators to make amendments to avoid unintended consequences.
“The Association proudly and consistently advocates for survivors of domestic violence and we often lend our voice and our expertise when the Legislature is reviewing the Prevention of Domestic Violence Act,” said NJSBA President Jeralyn Lawrence before the committees. She testified in opposition to the amendments made to A1475 (Lopez) on coercive control, offering alternative language to avoid a checklist that would define coercive control in the PDVA.
The NJSBA voiced concerns that the enumerated list of acts would elevate domestic contretemps to acts that would result in a final restraining order. As an alternative, the NJSBA offered a broader definition that further defines the acts that constitute coercive control within the domestic violence construct and removes questionable acts that would fall under domestic contretemps, which would not rise to the level of necessitating a final restraining order.
“The NJSBA proffers that this area of the law is not easily legislated with specificity because the dynamics of these matters are as varied as the dynamics of relationships,” the NJSBA said in its written remarks. “As such, a review of these bills is taken with a careful view of balancing the rights of all involved and, in particular, the practical impact of the proposed legislation on those who seek protections from domestic violence, those who are alleged to have committed domestic violence, and the ability of the court to apply the law with the discretion necessary to impose justice in each case that comes before it.”
In addition to this bill, the NJSBA testified in opposition to A2668 (Mosquera), which would affect alimony where there is a conviction of an act constituting domestic violence. The NJSBA expressed concerns that obligors could use the measure to weaponize the PDVA in order to avoid paying alimony, therefore creating unintended consequences.
The NJSBA supports A1704 (Speight) requiring domestic violence orders to be issued in other languages, A2526 (Murphy) easing the transfer of wireless telephone billing transfers to survivors, A2770 (Stanley)/S1517 (Greenstein) regarding restraining orders where the PDVA does not apply, A3903 (Stanley) regarding restraining orders and pregnant victims, and A3808 (Lopez) regarding changing locks on residential units after a final restraining order is issued.
In addition to Lawrence, testifying on the other bills were members of NJSBA’s Family Law Executive Committee including Chair Derek M. Freed, Robert A. Epstein, Christine C. Fitzgerald and Rita M. Aquilio.
Six Judges Get Nod in Latest Senate Judiciary Committee Hearing; Vacancies Still Loom at Highest Rates
The state Senate Judiciary Committee advanced the nominations of six Superior Court candidates, three administrative law judges and one workers compensation judge last week. The NJSBA continues to call for officials to take immediate measures to close the judicial vacancy gap, however, with 60 vacancies yet to be filled.
“It’s nice that they’re putting six through today, but when you know that there’s 23 in the pipeline, six is an unfortunate number,” said NJSBA President Jeralyn L. Lawrence. She urged the governor and senators to “get into a room” and “solve this catastrophic situation that we’ve been talking about now for a very long time.”
The Superior Court nominees who got the nod last week are Amy E. Lefkowitz of Fair Lawn, Nicholas Ostuni Sr. of Oradell, Marc D. Ramundo of Ho-Ho-Kus, Anthony R. Suarez of Ridgefield, Demetrica Todd-Ruiz of Pittsgrove, and Dalya Youssef of Somerset. The administrative law judges are R. Tali Epstein of Edison, Rebecca C. Lafferty of Mays Landing, and Nicole Minutoli of Hamilton. Sean M. Dillon was named to the workers compensation bench.