Business opened at the New Jersey State Bar Association’s Annual Meeting and Convention with a thoughtful discussion about New Jersey’s persisting judicial vacancy crisis, one of the most important issues facing the state’s legal landscape.
Despite efforts by the governor and state Legislature to fill empty judge seats in the trial courts, almost 60 vacancies remain throughout the state, down only slightly from the historic high of 75 last year. The lack of judges forced the Judiciary to suspend civil and matrimonial clients in six counties, while litigants around the state are left in limbo as their cases stall.
The panel, introduced by incoming NJSBA President Timothy F. McGoughran, brought together speakers from the highest levels of every branch of government – retired Supreme Court jurists, legislators and current and former government officials – who ruminated on the causes behind the vacancies and addressed possible solutions.
The main drivers of the crisis – according to the panel – are the high rates of overworked judges retiring before the mandatory age of 70, coupled with partisan gridlock between the Legislature and governor in appointing new judges. Thomas P. Scrivo, a former chief counsel to the governor’s office, moderated the panel.
“We have found ourselves in the perfect storm with almost 60 vacancies. The consequences of the vacancies are very real for the people and businesses of our state, who turn to the courts to resolve our disputes,” McGoughran said. “With the number of vacancies facing our courts, there are too few judges serving the bench. Our judges are doing the best they can and their hard work is certainly appreciated.”
A key cog in the process is the rule of senatorial courtesy, the panel noted. The process has grown more complicated with some counties now holding many senators due to population growth.
“If you look at it historically, courtesy is one part of the constant tension that exists between the branches of government,” according to John J. Farmer Jr., director of the Eagleton Institute of Politics at Rutgers University, who is a former governor's chief counsel.
Retired state Supreme Court Justice Barry T. Albin said there is no role the Supreme Court can play in ending senatorial courtesy. Rather, the issue lies with the Legislature to amend its rules.
“In a state in which 100,000 people are licensed to practice law, and 50,000 to 70,000 people are actively practicing in our courts, can anyone say that we have an insufficient number of qualified people to serve on the bench?” Albin said. “We have a dysfunctional process.”
The panel offered solutions to the problem, like establishing a judicial selection committee within every county bar association, expediting the nominations once sign-off is obtained by the state Senate and placing time limits on senatorial courtesy.
Sen. Jon Bramnick, whose law partner Michael Noriega was recently nominated to the state Supreme Court, said the vacancies issue can be fixed with more coordination between the governor’s office and senators of the same county behind closed doors.
“We can solve this problem by talking to each other,” Bramnick said. “If this continues on despite those types of attempts, of course I think we have to look at another solution. But first, we have to compromise, meet and try to solve the problem on a bipartisan basis.”
The panel also included comments from Parimal Garg, chief counsel to Gov. Phil Murphy, Sen. Vin Gopal, and retired Supreme Court Justice Jaynee LaVecchia.