The Supreme Court held a Virtual Judicial Conference on proposed hearsay rules. The conference focused on the Proposal to Amend Rule of Evidence 803(c)(25) and 804(b)(3) to consider whether statements against a person’s interest may only be admitted when the declarant is unavailable.
The New Jersey State Bar Association submitted comments in advance of the conference supporting amendments in criminal matters The Association recommended further study and analysis should be conducted to determine the impact of the proposals in civil matters.
In criminal matters, the Association agrees with the rationale of the Court in its 2023 report that statements against interest should be admitted into evidence only when the witness is unavailable.
“Allowing for the admissibility of such statements in criminal matters where the declarant is unavailable provides additional safeguards for reliability in matters of consequential magnitude and offers a sufficient vehicle for the proponent to seek admission of the statement when live testimony was not possible,” said NJSBA President Timothy F. McGoughran in a letter to Administrative Director of the Courts, Judge Glenn A. Grant.
In civil matters, however, the NJSBA has concerns about the impact of the proposed rule that could benefit “from more extensive discussions and debate to determine if the same rule should be applied in that context or if there are other considerations that might warrant a separate rule governing civil matters.” It further pointed out that statements against interest in connection with civil liability presents hazards, but that the circumstances where those statements are made may be more reliable than when it is a statement against a penal interest.
Any amendments to the hearsay rules would require not just the Judiciary’s approval, but also approval by the Legislature. The NJSBA continues to monitor the discussion on this issue as it moves through the approval process.
Pair of Laws Offer Protections to Veterans, Recognizes Interracial Marriages
The NJSBA supported two new laws that the governor recently signed.
Gov. Phil Murphy signed S3292 (Gopal)/A3286 (Danielson), which prohibits persons from receiving compensation for assisting with veterans benefits. The NJSBA supported this measure to ensure veterans were not being taken advantage of by fraudsters requiring money up front before taking any action.
Also signed into law was S3719 (Ruiz)/A4939 (McKeon), which establishes the fundamental freedom of a person to marry or enter a civil union with a person of any race. “The United States Supreme Court declared this right fundamental under the Equal Protection Clause in Loving v. Virginia and this bill ensures that New Jersey takes the important step to ensure that remains true in our state on this day and in the future,” said NJSBA President Timothy F. McGoughran in a press release issued by the Governor’s Office.
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.