The Supreme Court Year in Review, a staple program of the Annual Meeting and Convention, analyzed the most consequential criminal, family and civil cases from the past year.
The seminar brought together six jurists from across the state to discuss rulings that serve as critical case law for the lower courts to follow. Retired Assignment Judge Peter F. Bariso moderated the panel that included state Supreme Court Justices, Anne M. Patterson, Lee A. Solomon and Rachel Wainer-Apter, along with Middlesex County Family Part Presiding Judge Deborah Venezia and Burlington County Assignment Judge Jeanne T. Covert.
The panel reviewed the Court’s decision in Cardali v. Cardali, a family law case on the evidence a party seeking to terminate alimony must present to make a prima facie showing of cohabitation. The NJSBA participated as an amicus party, urging the Court to provide clarity and statewide uniformity in how requests for modification of alimony based on cohabitation are addressed.
In an August decision, the Court held that a movant is not required to present evidence on all of the cohabitation factors to make a prima facie showing.
“I can’t remember a case where the reaction from both the bench and the bar was received with such enthusiasm,” Judge Venezia said. “The Court, in its unanimous decision, provided clarity and direction on issue of cohabitation, an issue that divided the lower court on what was needed to satisfy a prima facie showing.”
Other cases covered during the wide-ranging discussion included:
Christa Robey v. SPARC Group
Division of Child Protection and Permanency v. D.C.A.
State v. Andrew Higginbotham
State v. William Hill