The Senate and Assembly both convened earlier this week to pass a number of measures being monitored by the New Jersey State Bar Association:
A4071 (Park)/S3521 (Timberlake) - Strengthening Trust Between Law Enforcement and Immigrant Communities
The governor signed into law this bill which codifies elements of the Attorney General Directive that outlines when state, county and municipal law enforcement may engage in activities that support federal civil immigration enforcement. The Association supported the measure because it “provides clarity, consistency, and stability while preserving cooperation in cases involving serious criminal conduct.” Major provisions include:
- restricting stops, questioning, arrests, searches, detention, and immigration-status inquiries when based solely on actual/suspected immigration status or civil immigration violations
- limiting specified forms of assistance to federal immigration authorities when the sole purpose is enforcing federal civil immigration law
- requiring every state, county, and municipal law enforcement agency to establish procedures that include certain determinations for processing requests for visa certifications from potential victims of crime or human trafficking and post information about its procedures on a website
- requiring a prosecutor to make an individualized assessment based on the specific facts presented in each case and not to assume that a non-citizen presents a risk of flight
Both the Senate and the Assembly passed the bill on Monday mainly along party lines.
S1395 (Lagana) – Allows certain limited liability companies to terminate alternate names before the end of the five-year registration period
The NJSBA supported this bill because it provides limited liability companies the same flexibility as corporate entities in certain transactions to resolve a trade name dispute or to comply with the requirements of a merger or acquisition agreement, simply to reflect a change in business direction. The bill was amended to prohibit LLCs operating as residential landlords from terminating an alternate name. The bill passed the Senate and was referred to the Assembly Commerce and Economic Development Committee. There is no Assembly companion bill.
S3023 (Vitale) – Provides certain protections to residents of long-term care facilities and long-term acute care hospitals
The NJSBA supports this bill, which strengthens oversight and accountability by requiring court involvement in guardianship determinations and improves transparency in the admission contracting process. Among other things, the bill prohibits long-term care facility actors who would financially benefit from managing a principal’s financial affairs unless appointed by the Superior Court as a guardian for the individual. The bill also bars long-term care facility actors from serving as an attorney-in-fact. The bill creates a private right of action for principals injured by violations and authorizes damages, including treble damages for willful, malicious, and reckless conduct, as well as attorney’s fees and litigation costs. The bill passed the Senate and remains pending in the Assembly Health Infrastructure Committee. There is no Assembly companion bill.
S3142 (Scutari) – Prohibits selection of health insurance coverage as primary under personal injury protection coverage
The Association supports this bill, which would eliminate the option for auto policyholders to designate their health insurance as the primary payer for personal injury protection (PIP) medical expense benefits. “By prohibiting the selection of health insurance coverage as primary, this bill reduces billing conflicts and fees schedule disputes that frequently lead to unnecessary, prolonged litigation,” the NJSBA said. “This bill ensures a more efficient resolution for litigants.”
The bill passed the Senate and remains pending in the Assembly Financial Institutions and Insurance Committee. There is no Assembly companion bill.
S3173 (Scutari) – Requires defendants, including insurance companies named as defendants, to be properly identified in causes of action
The Senate passed this bill, which would require uninsured and underinsured motorist litigation to contain the name of the defendant, including insurers, rather than use fictitious names as permitted by the court rules in certain circumstances. The NJSBA opposes this bill because of its potential to prejudice the jury by virtue of the disclosure of insurance coverage. “There remains a concern that the bill obfuscates the issues before a jury as to liability of a tortfeasor to bring into question the availability of insurance coverage,” the NJSBA said. A recommendation was made to refer the issue to the Supreme Court’s Committee on Civil Practice for consideration of rules to determine when it is appropriate to identify an insurance company as a defendant before a jury in a trial involving economic and noneconomic damages.
The bipartisan measure passed the Senate and remains pending in the Assembly Judiciary Committee. There is no Assembly companion bill.
NJSBA Approves Amendments to Rule Prohibiting Certain Attorneys From Appearing Pro Hac Vice
The New Jersey State Bar Association supports the Supreme Court’s proposed rule amendment to clarify that attorneys who are administratively ineligible to practice in the state not be permitted to appear pro hac vice. The Supreme Court sought comments to proposed amendments to Rule 1:21-2, which amendments clarify the definition of administrative ineligibility.
“This is a reasonable amendment that makes sense, as an attorney should not be permitted to use the pro hac vice rules as a way to avoid compliance with other licensure requirements,” NJSBA President Christine A. Amalfe said.
Rule 1:21-2 would be amended to bar attorneys who are ineligible to practice, including those who fail to pay the annual Lawyers’ Fund for Client Protection, from appearing pro hac vice in any court, agency, or tribunal of New Jersey. For a full copy of the rule proposal click here.