The New Jersey State Bar Association urged adoption of a rule it proposed that would address the appointment of parenting coordinators in Family Part matters, as recommended by the state Supreme Court’s Family Practice Committee. In comments on the 2023 Rules Reports issued by various Supreme Court committees, the Association backed implementation of the new rule to provide uniformity in the use of parenting coordinators and to help avoid unnecessary litigation.
The NJSBA asked for further clarifications, however, including the incorporation of a proposed administrative directive and parenting coordinator order as an appendix to the Court Rules, and some additional language to more clearly define the role and authority of parenting coordinators.
The NJSBA also supported the majority of other recommendations made by the Family Practice Committee, which include a clarification that that no background checks or social security numbers are required when processing a co-parent adoption, and a proposed amendment to permit the issuance of a warrant in juvenile matters when the juvenile is not in custody.
Committee on Diversity, Inclusion, and Community Engagement
The Association generally supported the recommendations from DICE, which are aimed at facilitating “the administration of equal justice through equitable and bias-free courts.” The NJSBA provided additional comments as follows:
• Recommendation 2023:01 deals with the recommendation to convene a group to address the effect and relevance of true poverty calculations to the courts and consider replacing exclusive reliance on the federal poverty level (FPL) with the true poverty level (TPL). The Association recommended determining what poverty looks like now and how it can be addressed in the day-to-day work of the courts. It also suggested including practitioners who work with populations of people who are impoverished, such as the Office of the Public Defender or Legal Services of New Jersey. The Association further commends the committee for recommending changes in language, including the use of the word “indigent” to “ability to pay.”
• Recommendation 2023:02 and 03 deal with identifying those court proceedings where participation can be accomplished remotely. In addition to the recommendation, the Association suggested a focus on efforts to bridge the technology gap that exists for certain participants in court proceedings. This may include consideration of partnering with public libraries and other local and state organizations to further assist court participants.
• Recommendation 2023:06 involves name change court filings related to the enhancement of confidentiality protections for applicants. The NJSBA lauded the additional protections, noting in its letter to the Court, “By designating name change hearings closed and confidential, the Judiciary will be closing an important gap in the current procedures and furthering the goals of addressing the previously raised and documented safety and privacy concerns of people who are transgender, gender non-conforming and non-binary.”
• Recommendation 2023:07, 08 and 09 involve efforts to increase the number of law clerks with diverse backgrounds. While supportive of the collection of additional demographic data to better understand the composition of the applicant pool and effectiveness of outreach recruitment efforts, the Association further recommended demographic data collection be expanded to include additional groups and characteristics including gender identity, sexual orientation, and differing ability.
Other recommendations included continued outreach to affinity bars, expansion to regional law schools outside the two in New Jersey, assigning a Court representative specifically tasked with recruitment of law clerks from diverse backgrounds, the collection and analysis of data to evaluate why a larger percentage of law students from diverse backgrounds are not becoming law clerks, a timeline for law clerk diversity initiatives, and recognition of the connection between a Judiciary that is diverse and a diverse population of law clerks to ensure a diverse and inclusive Judiciary.
Criminal Practice Committee
The Association supported the recommendations issued by the Supreme Court’s Criminal Practice Committee. Two rules recommended for adoption focus on expungements and one regarding firearms.
With regard to expungements, the committee recommended rules to confirm with an earlier Supreme Court order that relaxed and supplemented the Part III court rules regarding the Judiciary’s eCourts Expungement System. Proposed R. 3:30-1 address the pretrial aspects of filing for an expungement of records and proposed R. 3:30-2 encompass expungements with special requirements, specifically for marijuana and hashish offenses, Recovery Court, dismissals and acquittals and Clean Slate expungements.
A third rule proposal would address the Supreme Court’s referral of State v. Jose Carrion, 249 N.J. 253 (2021) dealing with the right to confrontation in the context of the admission of an affidavit that a search of a state firearm registry revealed no lawful permit for the individual’s possession of a handgun. The new rule, a Notice of Intention to Proffer Affidavit Regarding Search of Firearm Permit Database, would create a notice requirement by which a defendant must inform the court and the state of a demand to have the state produce an appropriate witness to protect the defendant’s right to confrontation. If there is no demand, the defendant waives the confrontation right.
Also recommended is a rule amendment to refer to the Drug Court as the New Jersey Statewide Recovery Court. “The purpose of this name change was to reflect the philosophy of helping ‘change lives through a road to recovery,’” said the committee in its report.
A full copy of NJSBA’s letter can be found at njsba.com. A full copy of the Supreme Court reports can be found at njcourts.org.
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.