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 Senate and Assembly Judiciary committees gave the nod to a plan to create a Mental Illness Diversion Program, which would redirect eligible persons away from the criminal justice system and into appropriate case management and mental health services. The New Jersey State Bar Association supports S524 (Ruiz)/A1700 (Quijano) and encourages further review, having convened its own Mental Health Committee to look at the issue of court-involved individuals with a mental health diagnosis.
“This bill is a positive step toward changing the views on the intersection of individuals with mental health issues and the court system,” said NJSBA President Timothy F. McGoughran, who testified before the Senate Judiciary Committee last week. “There remain some concerns with the process, but the Association recognizes that we cannot make the perfect the enemy of the good. And this is a good bill. We stand ready to be a resource to all involved in this process to share the insights and expertise of our research and the real-world experience of our members.”
If signed into law, the bill would create three regions in the state and assign one vicinage per region to begin the implementation of a Mental Health Diversion Program. Eligible persons are defined as having committed non-violent crimes in the third and fourth degree, with prosecutorial discretion to admit others in the program on a case-by-case basis. Mental health professionals will evaluate and create treatment plans and the cases will be overseen by judges throughout the process through regularly scheduled meetings with a team to oversee the person’s progress. The state Attorney General’s office would be responsible for establishing the services and treatment professionals.
The NJSBA convened a Mental Health Committee to review this effort and issues related to law enforcement-involved and court-involved individuals with a mental health diagnosis.
NJSBA-Drafted Elective Spousal Share Bill Clears Senate Judiciary Committee
A bill that permits courts to address equitable distribution when a complaint for divorce or dissolution of a civil union has been filed and either party has died prior to final judgment. S2991 (Singleton)/A2351 (Mukherji) awaits a full vote in the Legislature after passing through the Senate Judiciary Committee last week. The NJSBA drafted the measure to codify existing case law regarding elective spousal share distribution.
“The NJSBA worked collaboratively with stakeholders including elder law attorneys, trusts and estate attorneys, and the New Jersey Law Revision Commission to address this issue,” said Sheryl J. Seiden, a NJSBA Trustee and former chair of its Family Law Section. She testified on behalf of the Association in support of the bill and helped draft the legislation.
The bill codifies the holding in In the Matter of the Estate of Arthur Brown, Deceased, 448 N.J. Super. 252 (App. Div. 2017), in which the Court held that despite the presence of a cause of action of divorce, the surviving spouse was not allowed to disclaim an elective share.
“This holding resolves an important issue regarding these matters where a spouse dies prior to a final judgment of a divorce and the surviving spouse is left without any entitlement to the deceased spouse’s estate. This legislation will simply provide a remedy for the division of the deceased spouse’s property,” said Seiden.
The Association is monitoring the bill’s movement in the Legislature.
Domestic Violence Bills Clear Senate Judiciary Committee
Several bills addressing domestic violence were voted out of the Senate Judiciary Committee and heads to a full vote of the Legislature. The NJSBA generally supported the bills, with recommendations to amend A1475 (Lopez)/S1809 (Ruiz) regarding coercive control.
A1475 (Lopez)/S1809 (Ruiz)
This bill requires the court to consider information concerning coercive control in domestic violence proceedings. The bill offers a definition of coercive control, to be considered following the entry of a temporary restraining order. The NJSBA urged amendments to exclude a disjunctive list of examples of coercive control concerned it would both limit the definition of coercive control and expand its application to acts that would not fall under the umbrella of domestic violence.
“While the Association understands the import of including reference to coercive control, it recommends amendments that would reflect a definition of coercive control that does not limit, rather creates a flexible description of behaviors that would fall into the definition of coercive control while at the same time narrow its applications to exclude domestic contretemps,” said the NJSBA in its statement. NJSBA Family Law Section Executive Committee Secretary Robert A. Epstein testified on behalf of the NJSBA and was involved in discussions among the stakeholders in support of its amendments.
A1704 (Speight)/S1000 (Ruiz)
This bill requires domestic violence orders to be issued in other languages in addition to English under certain circumstances. The NJSBA supports this bill.
A3093 (Stanley)/S1516 (Greenstein)
This bill authorizes the court to include in domestic violence retraining orders a provision making the order applicable to a pregnant victim’s child upon the birth of the child. The addition would be available to a plaintiff who requests it. The Association supports this bill.