New Jersey’s top two jurists addressed judicial vacancies, diversion programs, rising caseloads and other topics of judicial import at the State of the Judiciaries session, one of the final events at the New Jersey State Bar Association’s Annual Meeting and Convention.
State Supreme Court Chief Justice Stuart Rabner and U.S. District Court Chief Judge Renée Marie Bumb each expressed optimism for the year ahead despite residual issues from the pandemic.
Judicial vacancies remain a persistent problem in the state’s Superior Courts, an institution currently grappling with 64 vacant judgeships, down only slightly from a record high of 75 last year, Chief Justice Rabner said. The Judiciary expects another 20 judges to retire by the year’s end, including six in the next two weeks. For almost four years, the courts have averaged 50 vacancies each month – 60 a month on average over the last two years, Justice Rabner said.
“The number of vacancies alone doesn’t tell the story. If a seat is left vacant for just a few months, the impact can be relatively modest. It’s quite another thing if a judgeship remains unfilled for two, three or sometimes four years, as is the case in a number of parts in the state,” Chief Justice Rabner said. “In those situations, a single vacancy can lead to delays not just in hundreds of cases, but well more than a thousand.”
Lingering case backlogs caused by the pandemic have forced the courts to focus more on resolving emergent cases, leaving other matters in limbo, he said. The Judiciary in February suspended civil and matrimonial trials indefinitely in six New Jersey vicinages due to a lack of judges. Chief Justice Rabner said the moratorium will lift when the high percentage of vacancies is reversed, but did not rule out halting civil and matrimonial trials in other counties if the problem worsens.
“People come to the court system to seek justice. We must do better as a state to give them the attention that they deserve. Make no mistake about it, this problem will not simply go away,” Chief Justice Rabner said.
The chief justice noted the ongoing efforts of the Judiciary to support individuals suffering from mental health issues who enter the justice system. Countless people with mental illness are arrested each year, but their cases are typically processed with little attention paid to the underlying problem, leading a higher likelihood of rearrest, Justice Rabner said.
The issue is a key focus of 2023-2024 NJSBA President Timothy F. McGoughran, who created a multidisciplinary committee to explore ways to help individuals whose involvement with the legal system can be traced to mental health issues. The committee aims to make recommendations to help urge uniformity in mental health diversionary programs in the state.
Chief Justice Rabner said proven methods, such as training law enforcement officers in de-escalation techniques, screening individuals for mental illness soon after arrest and helping defendants navigate the system by developing individual case plans, can lead to a substantial drop in recidivism and arrest rates. Four New Jersey counties – Essex, Morris, Camden and Middlesex – currently have pilot programs for mental health diversion, he said.
“As we monitor the ongoing pilot progress, we will gather and analyze data, and will make adjustments with an eye toward expanding the project to other communities in our state,” the Chief Justice said.
The Judiciary also recently established a special committee that will develop recommendations to support the mental health of attorneys, judges and other members of the legal community. The committee, chaired by state Supreme Court Justice Lee A. Solomon, includes more than a dozen state legal organizations, including the NJSBA.
“The ongoing dialogue between the bench and the bar makes for a stronger system of justice in our state,” Chief Justice Rabner said.
UPDATE ON FEDERAL COURTS
In contrast to the high vacancy rates seen in the state’s trial courts, Chief Judge Bumb proudly reported that the federal bench currently has a full complement of judges for the first time since 2015.
“From 2015 to the end of last year, our court had been in a state of judicial emergency,” she said. “It is with much empathy that I say ‘We feel your pain.”
New Jersey’s federal court remains one of the busiest in the country. The court ranks first in circuit and fifth nationwide in civil filings, which are up 8%, Chief Judge Bumb said. Civil trials have more than doubled since last year, while criminal trials are up 42%. The court is expecting 39 trials to begin between now and August, according to Chief Judge Bumb said.
With the expiration of the federal CARES Act on May 10, most criminal hearings are no longer permitted remotely, a significant change for a court that held more than 1,000 virtual criminal proceedings, including 499 pleas and 328 sentencings over the last year, she said.
“Naturally, this will be a significant change in how our court conducts its business going forward,” Chief Judge Bumb said. “This is much to say that for the most part we are back in person and hard at work.”
The District Court is poised for its most bankruptcy filings in a decade, with many well-known companies – such as Bed Bath & Beyond and David’s Bridal – seeking bankruptcy protection in New Jersey, Chief Judge Bumb said. In March alone, the district’s bankruptcy court witnessed a 30% increase in its consumer filings.
“It’s quite clear that our bankruptcy court will be facing continuing, challenging workloads this upcoming year,” she said.
On the issue of judicial safety, the Chief Judge thanked U.S. District Court Judge Esther Salas for her tireless advocacy to promote legislation that protects the private information of judges and others in law enforcement and provides home intrusion systems. Daniel’s Law, the bill named for Judge Salas’ son – who was killed by a home invader in July 2020 – went into effect on April 21, Judge Bumb said.
“Threats against the judiciary are real and are rising at an alarming rate,” Chief Judge Bumb said. “As a profession, we must continue to work together across all three branches of government to stop this evil.”