Congresswoman, U.S. Navy veteran, and former federal prosecutor Mikie Sherrill defeated Jack Ciattarelli to become the second woman elected governor of New Jersey. Along with Sherrill, four attorneys join the Assembly with one race too close to call.
Sherrill, who represents the 11th Congressional District (Essex, Morris and Passaic counties), is the author of the Daniel Anderl Judicial Security and Privacy Act, which created protections and funding for federal judges. The bill was named after the son of New Jersey District Court Judge Esther Salas, who was shot to death during an attack on Judge Salas at her home by an aggrieved attorney.
The New Jersey State Bar Association met with both candidates ahead of the election to discuss issues important to our membership and the New Jersey legal community, such as judicial vacancies, the Association’s role in reviewing candidates under the Hughes Judicial compact, which has been in existence since 1969, and abolishing Madden assignments for attorneys.
“We look forward to working with Governor-Elect Sherrill and applaud her intention to maintain the partisan balance of our courts,” NJSBA President Christine A. Amalfe said. “We anticipate continuing our important role in working with the Governor’s Office to evaluate judicial and prosecutor candidates and to provide feedback directly to the Governor. In doing so, we hope to assist in ensuring our Courts remain a shining example to the rest of the country.”
Following her service in the Navy, Sherrill served as a federal prosecutor where she developed programs to develop trust between law enforcement and communities and helped prisoner reentry efforts so that they had employment, housing and education when they left prison.
In addition to Sherrill, four attorneys were newly elected in the Assembly with one more race too close to call. In January, the Assembly will swear in attorneys Andrew Macurdy (D21), Chigozie Onyema (D28), Ravinder Bhalla (D32), and Kenyatta Stewart (D35), an NJSBA member. In District 2, the race is too close to call, but Maureen Rowan, an attorney, has a slim lead over Democrat Joanne Famularo potentially ousting incumbent Republican Claire Swift, also an attorney. If elected, the Assembly will have 17 attorneys in the Legislature.
NJSBA Advocates for Heightened Standard in Lawyer Indictments in Some Cases
In oral argument before the Appellate Division, the New Jersey State Bar Association urged the court to consider a heightened standard when evaluating whether an indictment should stand against an attorney whose representation includes a matter alleged to be the subject of a criminal enterprise. In State v. Norcross, NJSBA member David R. Kott stressed the importance of applying a heightened proof of intentionality of criminal liability when considering whether an attorney crossed the line from zealous advocacy to criminal enterprise similar to the standard established in Lobiondo v. Schwartz, 199 N.J. 62 (2000), for civil matters.
“May an attorney engaged in the provision of bona fide legal services to a client be subject to criminal prosecution absent a pleading requirement compelling demonstration of a conscious effort by the attorney to further the charged criminal enterprise?” the NJSBA asked in its amicus brief to the court. “For multiple reasons, the answer is: No. The mens rea for an attorney’s criminal conduct should require more than proof of the lawyer’s good faith provision of legal services to the client.”
The matter emanates from the indictment of William Tambussi, attorney for George E. Norcross, III, a widely known politically connected businessman. The state indicted several defendants in an alleged criminal enterprise led by Norcross involving political influence and control over government agencies to gain government contracts. Tambussi represented Norcross in this alleged enterprise.
Kott argued that the Rules of Professional Conduct govern attorney behavior and it is within those guidelines that attorney conduct must be evaluated when accused of criminal behavior through the provision of zealous advocacy. To evaluate whether to indict or not using a lesser mens rea cannot be reconciled with an attorney’s obligation to diligently represent their client.
“Zealous advocacy should not be limited,” the NJSBA said. “Similarly, lawyers acting in good faith can still be duped by the duplicity of clients but should not be indicted for it without the lawyer’s own purposeful intent to further the criminal enterprise.”
The trial court dismissed the indictments against all six defendants and the state appealed. Other groups filing amicus briefs include the Association of Criminal Defense Lawyers of New Jersey and the New Jersey State Committee of the American College Lawyers. Kott, Geoffrey N. Rosamund and Benjamin T. Klein wrote the brief.