New Jersey’s top two jurists addressed rising caseloads, improving attorney well-being and a proposal that would overhaul the appointment process for the state Appellate Division at the annual States of the Judiciary session.
In one of the final events at the New Jersey State Bar Association’s Annual Meeting and Convention, the Association welcomed state Supreme Court Chief Justice Stuart Rabner and U.S. District Court Chief Judge Renée Marie Bumb, who briefed attendees on the most pressing topics facing the Judiciary in the last year.
Chief Justice Rabner dedicated much of his address to a constitutional amendment under review in the state Legislature that would shift control of Appellate Division appointments from the Chief Justice to the Governor and Senate. Chief Just Rabner called the proposal “a serious mistake” that would disrupt the Court’s ability to fill vacancies and ensure a balanced and diverse bench.
“A Constitution is a foundational document in a democracy. It should not be amended lightly,” Chief Justice Rabner said. “Even more important, no problem has been identified that needs to be fixed. Our system works well on behalf of the people of New Jersey, as it has for 75 years.”
Under the current system, the Appellate Division has no vacancies. By contrast, the Superior Courts – with appointments subject to advice and consent of the state Senate – have averaged vacancy rates between up to 15% for most of the last decade, Chief Justice Rabner said.
The upcoming term will feature the most diverse panel of judges in the court’s history, split almost evenly between pollical party lines and gender, he said.
“The Appellate Division today is also well-balanced with nearly an even number of Democrats and Republicans, and women and men. Our state has a laudable tradition of maintaining partisan balance in appointments to the trial court and the Supreme Court. I strive to maintain that balance at the appellate court level as well,” Chief Justice Rabner said.
The appeals court is a “workhorse” in New Jersey’s justice system, according to the Chief Justice. Each year the panel issues roughly 4,000 to 6,000 opinions and rules on thousands more motions in cases of all types, including civil, criminal, family and equity.
Judges who are elevated to the Appellate Division represent the best of the best in the Judiciary, according to Chief Justice Rabner. They are carefully evaluated and were already vetted by the
Governor and the Senate at least once. Many aspire to the panel after they gain experience in at least one or more trial divisions.
“The results speak for themselves. The ranks of the Appellate Division are comprised of talented judges, with broad experience in various areas, who are interested in writing and serving on that court. And the public benefits from their exemplary service,” he said.
The Chief Justice also extolled the Judiciary’s JOBS Program that offers probationers and Recovery Court participants a new start in life by connecting them with employment opportunities. Regarding artificial intelligence, Chief Justice Rabner said the technology’s continued evolution in the law cannot be ignored. Earlier this year, the Supreme Court’s issued guidelines on how attorneys can navigate their ethical responsibilities to clients with the emergence of AI and the technology’s capacities, limits and risks.
On the Court’s partnership with the Association, Rabner thanked former NJSBA President Timothy F. McGoughran for partnering with the Judiciary on addressing well-being and connecting professionals in the law with mental health services.
“We have reason to be proud of the ongoing, longstanding dialogue between the Judiciary and the State Bar Association. It has been a partner in many endeavors to enhance the quality of the justice system in our State,” Chief Justice Rabner said.
Update on the federal courts
Chief Judge Bumb was proud to announce that for the first time since 2013, all 17 judgeships on the federal bench are currently filled.
“We had been in a state of judicial emergency from 2015 to 2022, as was declared by the Judicial Conference,” the Chief Judge said. “Our court certainly understands and empathizes with Chief Justice Rabner and our state colleagues with the challenges you continue to face.”
New Jersey’s federal court remains one of the most bustling in the country, Chief Judge Bumb said. Civil filings increased 190% in the last year, placing New Jersey first in the circuit and second nationwide for its caseload. The federal court is currently handling the nation’s second-largest multidistrict litigation case in Johnson & Johnson Talc. Criminal filings are also up by 7%, ranking first in the circuit and 13th in the country, the Chief Judge said.
The federal court’s bankruptcy docket saw extraordinary growth in the last year, Chief Judge Bumb said. Overall filings are up 16% percent, with a 12% increase in consumer filings and a 133% increase in Chapter 11 filings, vaulting the court to the second-busiest nationwide.
“New Jersey is recognized nationally as one of the leading bankruptcy jurisdictions. It’s because we have such incredibly talented bankruptcy judges and bankruptcy bar that is exceptional,” Chief Judge Bumb said.
The Chief Judge also noted the court’s fruitful collaboration with the NJSBA in the last year. In April, the NJSBA hosted the first-ever Federal Practice Bench-Bar Symposium, a program dedicated to reviewing federal court procedure for state court practitioners. More than 200 people and 15 federal judges attended the inaugural event both in person and virtually.
“It was a great opportunity not only to bring us all together, but to demystify the practice of federal court,” Chief Judge Bumb said. “We are two bar associations, but one profession. Together we can do great things.”