New Workers’ Compensation Law Increases Attorney Fee Cap to 25%
Earlier this month, New Jersey Acting Governor Nicholas Scutari signed into law S2822 (Lagana)/A3986 (Verelli), which increases the attorney fee cap in workers’ compensation cases from 20% to 25%. The New Jersey State Bar Association has monitored the bill closely.
Proponents supported the bill to consider “additional duties” that workers’ compensation attorneys may be required to handle since the establishment of the cap in 1927.
“We are committed to protecting New Jersey’s workers and ensuring fair wages,” Scutari said. “Today’s legislation makes a meaningful adjustment to the contingency attorney fee cap, ensuring fair compensation for attorneys and providing workers with the accessible, quality legal representation they deserve.”
Last year, a similar bill died in the Legislature. Dubbed the 21st Century Injury Worker’s Access to Justice Act, the bill sought to address the ruling in Garzon v. Morris County Golf Club, App. Div. Docket #A-1100-21 concerning the basis for the award of counsel fees in the workers’ compensation system.
NJSBA members monitored the current bill closely, but the Association did not take a position on it.
Court Issues Supplement to Directive on Children in Court Form Orders
New Jersey Judiciary’s Judicial Council revised three Children in Court (CIC) permanency order forms earlier this month. The council amended the FC Permanency Order to include a checkbox indicating that a review under the Child Placement Review Act was performed. Also in the FC Permanency Order, as well as the FN and FG permanency orders and the FC Post Termination Permanency Order, an additional listing of reasons why a child did not appear at a permanency hearing has been included; as well as a revised confidentiality notice clarifying that the prohibition of sharing confidential information includes electronic communications and social media.
The supplement amends Directive #15-18 and may be found here. The changes are effective immediately.
New Directive Revises Code of Conduct for Certified Transcribers
The New Jersey Judiciary approved revisions to the Judiciary Transcriber Manual and incorporated the Code of Professional Conduct for Certified Transcribers. The changes included in Directive #08-24 aim to reinforce the authority of the Transcriber Certification Board to suspend or revoke credentials in certain circumstances and to clarify professional expectations and standards for individuals who prepare court transcripts.
Among the updates in the manual are a provision clarifying that applicants are subject to criminal records checks randomly or for cause; an appeals process incorporated into the board’s discipline procedure, and examples of crimes and offenses constituting grounds for refusal to admit a person to an examination or suspension or revocation certification. The Code of Professional Conduct was also revised to incorporate an ongoing duty to report litigation involvement and ensure positive and respectful communications.
A copy of Directive #08-24 may be found here.