The New Jersey State Bar Association applauds the Judiciary's release of two Notices to the Bar establishing statewide protocols for adjournment requests, calling the changes a significant step toward supporting attorney well-being and another major success stemming from the recommendations of the NJSBA's Putting Lawyers First Task Force.
The notices set forth protocols for adjournment requests in the trial divisions of the Superior Court for non-emergent requests and extend flexibility in emergency situations.
“The importance of these protocols cannot be overstated,” said NJSBA President Norberto A. Garcia. “Attorneys are expected to manage demanding caseloads while meeting their professional obligations to clients and the courts. When personal circumstances or emergencies arise, they should be able to rely on a statewide process for requesting adjournments or other relief. This uniform statewide policy will help ensure those situations are handled fairly and consistently.”
The issue of timely reasonable adjournments was cited as a key factor impacting attorney well-being, with 48% of respondents to a survey conducted by the NJSBA’s Putting Lawyers First Task Force convened by NJSBA Past President Jeralyn L. Lawrence in 2023. That survey was designed to gauge the well-being of the legal profession, the results of which were shared in the Task Force’s report in March 2023. The survey showed that 48% of the respondents indicated that the Judiciary has an impact on attorney well-being and granting timely adjournment request more liberally would address lawyer mental health and well-being. This was one of several recommendations to the Judiciary, and one of several initiatives that have been implemented as a result of this report. Other recommendations include the continuation of virtual appearances for certain court events, education on attorney well-being and a Judiciary well-being survey.
The protocol requires a good faith effort to be made to discuss the request with all of the parties to attempt to secure consent before making an adjournment request. Written requests and notice must be submitted to the appropriate court office or division manager or, where required by local practice, directly to the trial judge or other designee. Electronic submissions are permitted and may be made through eCourts or any authorized manner. Telephone requests are only permitted in exceptional circumstances, such as a sudden hospitalization or other time-sensitive emergency.
Time-sensitive emergencies where an adjournment is being requested should be submitted directly to the trial judge either via telephone or in writing to expedite prompt resolution and enabling the requesting party to attend the emergency whether or not the request has been granted.
The protocols also spell out timeliness of these requests, which should be made as soon as the need becomes known and, to the extent possible, no later than two business days before the scheduled event. Emergencies should be clearly labeled as emergent with an understanding that advance notice may not always be possible. The request must state the reason for the adjournment – within reason so as not to unnecessarily disclose personal or private information – whether all parties consent, and a proposed date agreed to by all parties, if possible.
If the adjournment is due to a conflict with another court, the request must specify whether the requester is designated trial counsel, the nature of the conflicting matter, the court and county where the matter is pending, the date of the filing of the complaint, the docket number of the conflicting matter, the assigned judge – if known – and, if a trial date has been set, the date provided to the attorney.
Decisions will be made promptly. There are also two more layers of review by the trial judge and, if necessary, a presiding judge, if there is a dispute regarding the decision.
A full copy of the notice is available here.
A separate Notice to the Bar was issued to recognize adjournment requests due to personal circumstances specifically in connection with attorney well-being. Attorneys may ask for an adjournment, extension, or other relief, including due to personal circumstances and there is an opportunity to appeal any denial for reconsideration by the trial judge.
“In nearly all cases, personal emergencies are handled with professionalism and respect by judges and adversaries,” said the Hon. Michael J. Blee, J.A.D., Acting Administrative Director of the Courts. “This notice is intended to affirm existing protocols for existing adjournments, as part of the ongoing health and competence of our profession.”
A copy of this notice may be found here.
The Putting Lawyers First Task Force: An Excerpt of the Report and Recommendations on Improving the Legal Profession for Lawyers can be found here.