New Jersey’s top two jurists outlined major developments in the state and federal court systems during their annual State of the Judiciary remarks at the NJSBA Annual Meeting and Convention.
New Jersey Supreme Court Chief Justice Stuart Rabner and U.S. District Court Chief Judge Renée Marie Bumb highlighted progress in improving court efficiency, expanding public outreach and reentry initiatives and confronting growing threats against the Judiciary and the rule of law.
Justice Rabner struck a pragmatic tone as he discussed initiatives aimed at improving services for attorneys, litigants and the public. He noted that judicial vacancies in the state Superior Court dropped from 52 at this time last year to 19, reaching a low of 11 in January. The appointments, he said, will significantly reduce case backlogs that have strained the courts in recent years.
“I want to thank everyone involved for responding to a real need and filling the ranks of the Superior Court so we can better serve litigants and the public,” Justice Rabner said.
Justice Rabner also highlighted the Judiciary’s adoption of merits briefing, a new approach for cases accepted for argument before the state Supreme Court. Under the revised rules, parties are no longer limited to submission of their petition briefs. If certification is granted, parties may also file a single 50-page merits brief, amici may file 30-page briefs and all briefing must be completed within 94 days. The NJSBA has praised the reforms for strengthening the ability of amici, including the Association, to fulfill their role as “friends of the court” by providing amici an opportunity to fully evaluate the parties’ substantive arguments before having to file their amicus briefs.
“The overall aim is to help litigants, the public and the courts,” Justice Rabner said. “Parties should no longer feel compelled to cram all of their arguments into a petition or cross-reference. Amici now have straightforward guidance on legal issues, and the public will be better able to follow the arguments before the court.”
Justice Rabner also discussed the Judiciary’s creation of a pathway for disbarred attorneys to seek reinstatement to the bar. Since the rules were adopted, a modest number of individuals have begun the readmission process. Applications are reviewed after a minimum five-year waiting period through a rigorous process overseen by the newly established Attorney Regulatory Board, a six-member panel that includes key legal stakeholders, among them NJSBA Past President Lynn Fontaine Newsome.
The board is intended “not only to review applications with care, but to ensure that members of the public are protected,” Justice Rabner said.
Justice Rabner also addressed what he described as diminishing respect for the courts and a rise in personal attacks and threats against judges. He suggested the trend may stem in part from a lack of understanding about the Judiciary’s role and the obligations judges have in deciding cases. Referencing the nation’s upcoming 250th anniversary, Justice Rabner said the country’s endurance is rooted in its commitment to the rule of law.
“The founders of our nation knew that the rule of law would serve as the foundation not only for a court system, but for all of society, and that is worth remembering,” Justice Rabner said.
Judge Bumb echoed those concerns approaching the 250th anniversary, saying it is more important than ever to reflect on the bedrock principle an independent Judiciary plays as a principle of democracy.
“This anniversary is not simply a celebration of our nation’s history, it is a reminder of our nation’s responsibility to preserve the rule of law and for the institutions that protect it,” she said
Judge Bumb said challenges to the Judiciary have become more visible in recent years, with over 300 threats against federal judges from January to April.
“These numbers are alarming and they remind us that judicial independence is not simply a constitutional theory, it hits home and it tests the cornerstone of the rule of law. Judges and court employees are not judge public servants, they are human,” Judge Bumb said. “Judges should never be afraid to perform their constitutional roles out of fear and indication.”
Civics education has never been more important, Judge Bumb said, adding: “One of the greatest ways we can honor the constitution and rule of law is by helping the next generation understand the role of the courts in democracy.”
The federal courts have several efforts to reach into the community to advance those goals. Court programs, such as the pre-entry program, Veterans Court pilot program and others provide important support to people facing charges and incarceration. For the public, there is a new virtual leaning center and a schedule of upcoming public events planned for each vicinage to teach people about the rule of law. In addition, the Judiciary expanded Danny’s Pantry to all three federal courthouses to provide for food-insecure members of the public.
“These pantries have assisted many families in needs who have come through our courthouse doors… these pantries connect our court to the communities,” she said.
From the standpoint of judicial business, the federal courts have never been busier, she said. The New Jersey District Court ranks first in the country for the number of civil filings, and the federal courts handle significant MDL matters as well as some of the nation’s most complicated bankruptcy matters that will have a global reach.