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Editors note: This article by Blair R. Zwillman originally appeared in the June 2019 issue of New Jersey Lawyer. Read it here . (login required) On Jan. 1, 2017, a significant change was made to New Jersey’s pretrial release system (formerly categorized as bail system). The statutory bail provisions and court rules were modified to minimize, if not eliminate, cash bail and to consider and measure: 1) the risk that an accused will not appear at all required court appearances, 2) the risk that an accused will commit another crime while on pretrial release, and 3) the impact of release on the safety of individuals, or the public at large prior to permitting ...
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The newest leaders of the New Jersey State Bar Association's sections and committees got a crash course in how the organization works and what they need to know to have a successful term. The group heard from NJSBA President Evelyn Padin about her goals for the year ahead, learned about association policies, found out the value of incorporating diversity and inclusion into their section or committee's efforts, and got advice from past chairs about how to make the most out of leading a NJSBA group. The sections, committees and Young Lawyers Division are the lifeblood of the association, said Padin. "Thank you for your service to the lawyers in your practice ...
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Governor expands medical marijuana, workers’ compensation benefits Governor Phil Murphy signed recently passed bills into law expanding accessibility to medical marijuana and eligibility for workers’ compensation benefits. The New Jersey State Bar Association expressed support for the expansion of medical marijuana and made recommendations regarding the expanded availability of marijuana in New Jersey, offering to work with legislators on related regulations. The association did not support the workers’ compensation bill, which would enhance eligibility of workers’ compensation for a specific group of petitioners. Regarding medical marijuana, the governor ...
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Summer is here and the New Jersey Institute for Continuing Legal Education’s (NJICLE’S) Summer Institute Series is back to provide lawyers with the chance to take an in-depth look at   their practice areas in a short amount of time. NJICLE, the educational arm of the New Jersey State Bar Association, presents about 425 programs a year but its institutes offer practitioners more intensive, comprehensive sessions over two days. Each of the institutes— the Labor and Employment Summer Institute, the Family Law Summer Institute and the Estate Planning Summer Institute —include panels featuring practitioners, retired and sitting judges and experts from related fields. ...
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Editor’s note: The following article written by Maria P. Vallejo was published as part of the Diversity Committee Newsletter Vol. 5, No. 3 which is available to all NJSBA members. To learn more about joining a committee, email us at [email protected] At the beginning of this year, Rutgers, The State University of New Jersey, named Kimberly Mutcherson co-dean of the of Rutgers Law School in Camden, making her the first female, first African American and first LGBTQ+ law school dean at the university. Mutcherson, who is a renowned bioethics and health law professor, humbly stated that she never imagined herself as a law school dean. Yet, her background ...
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Comparing the substantiation of a child abuse and neglect charge that results in a listing on the child abuse registry to a “governmentally-imposed scarlet letter,” the Appellate Division held that indigent parents or guardians facing such a charge are entitled to counsel at both the administrative level and any appeal as of right. The published decision, DCPP v. L.O., reverses the final agency decision and remands the matter back for a new administrative hearing. The New Jersey State Bar Association participated as amicus curiae, arguing that because inclusion on the child abuse registry is confidential and does not trigger the termination of parental rights, ...
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The latest episode of NJSBA Sidebar has dropped and features a sit down with the judge who is responsible for the day-to-day workings of the New Jersey Judiciary. Hear from Judge Glenn A. Grant, an appellate division judge and the acting administrative director of the courts, about how the Judiciary operates and some of the key issues facing the legal system. Grant has been the acting administrative director of the courts, a constitutional office, since 2008. Prior to that, he was the presiding judge of the family division in Essex County and was acting chief judge of the Municipal Court in Newark.  Grant sat down in his office in Trenton recently to share ...
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A new and effective phishing scam is making its way around the internet, and it’s very likely it will emerge in the New Jersey legal community within the next few weeks. Hackers are tricking unsuspecting users into believing they have received an encrypted email message that requires them to put in their login and password to access the information. While encrypted communication from trusted sources is an effective way to share sensitive information, this scam only claims to contain an encrypted message, and ultimately results in either or both of the following: infecting a user’s computer with malicious software and/or stealing their login and password. ...
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July Calendar of Events

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Reception, Gatherings and Special Events   Shredding Party Saturday, July 13 | 9 a.m. New Jersey Law Center, New Brunswick Get rid of all your unneeded paperwork.   Back to the top   Civil Trial Practice   How to Win at Trial: 45 Years in Wonderland Friday, July 19 | 12 p.m. New Jersey Law Center, New Brunswick Presented by NJICLE Pick up practice tips and hone your trial skills. 2.4 CLE credits   Back to the top   Dispute Resolution   Advanced Civil Mediation Training Monday, July 8 | 9 a.m. New Jersey Law Center, New Brunswick Presented by NJICLE, co-sponsored ...
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Key bills land on governor’s desk; NJSBA raises concerns As bills sailed through the Legislature last week, some raised concerns from New Jersey State Bar Association members regarding their practical impact on practitioners and litigants. It is now up to the governor to sign, veto or conditionally veto the bills. Recovery of Expenses in Automobile Accidents The governor is looking at two bills on the issue of the recovery of uncompensated medical expenses in a civil action for damages arising from an automobile accident. On May 23, the Legislature sent to the governor S-2432 (Scutari)/A-5371 (Downey), which would overturn a recent Supreme Court decision ...
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“Where’s the beef?” “Fifteen minutes will save you 15 percent or more on your car insurance.” “Because you’re worth it.” Advertising slogans such as these could serve as guideposts for better legal writing, according Steven D. Stark, lawyer and author of “Writing to Win: The Legal Writer.” Informative and amusing, Stark, a former lecturer at Harvard Law School, spoke about how to improve legal writing at a recent New Jersey Institute for Continuing Legal Education seminar titled “Legal Writing: From Fiction to Fact.” Not only can Madison Avenue provide lessons for punchier legal writing, but poetry and songwriting can provide lawyers with effective writing ...
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Editor’s note: The following article written by Ruth A. Rauls and Gillian A. Cooper was published as part of the Cannabis Law Committee Newsletter Vol. 2, No. 1 which was distributed to members of the Cannabis Law Committee. To learn more about joining a committee, email us as [email protected] On March 27 of this year, the New Jersey Appellate Division reversed the lower court's dismissal of a complaint that alleged discrimination based on an employee's use of medical marijuana. In doing so, the Appellate Division held that employers may be required to accommodate an employee's use of medical marijuana. Accordingly, employers should take note of this ...
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The pride flag will be raised over the New Jersey Law Center to recognize LGBT Pride Month and the 50th anniversary of the Stonewall uprising, which provided momentum for a national movement for LGBTQ rights. A ceremony will be held June 26, immediately before the annual Diversity Summit, and will feature remarks from NJSBA President Evelyn Padin and the association's LGBT Rights Law Section Chair Shawn LaTourette. The Pride flag will fly on the same pole as the one that features the foundation’s flag. The ceremony will immediately preceed the NJSBA Diversity Summit, the theme of which this year is Diversity at a Crossroads: The Global Rise of Nativism, ...
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C.P. McKenna knows firsthand about the growing problem of fraudulent service animals. His guide dog, Finn, has been attacked six times in 21/2 years, many of them from untrained and out-of-control dogs whose owners tried to pass them off as service animals. Fortunately, Finn sustained only minor injuries and was able to continue working. McKenna said it is often the case that a service dog has to be retired after it is attacked, even if it only suffers minor injuries, because in the future it may exhibit fear around other dogs, putting its owner in jeopardy. Fraudulent service animals hurt those who need legitimate service animals to assist them with a disability, ...
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The New Jersey State Bar Association’s governing body met earlier this month to act on several issues. The Board of Trustees met June 14 at the New Jersey Law Center in New Brunswick and approved the association’s annual budget; reviewed attorney demographic data to designate underrepresented groups as per the bylaws; and voted on additional matters ranging from members who will continue to chair committees to special speakers who will complement the NJICLE calendar of seminars. Here’s a look at what happened: Budget: The trustees approved the 2019-2020 budget for the NJSBA. The roughly $12 million includes several proposals to help members. It contains a ...
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A state Appellate Division panel on Monday issued its opinion in Department of Children and Families v. L.O. The case focuses on whether fundamental fairness and due process require the appointment of counsel in administrative child abuse proceedings. The panel did not agree with the NJSBA position that in such cases it was not required. The NJSBA will continue to monitor the case. Read the opinion here . Review the full NJSBA brief, written by NJSBA Trustee Amy Vasquez here
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Evelyn Padin, president of the New Jersey State Bar Association, will receive the Margarita Echevarria Trailblazer of the Year Award from the Hispanic Bar Association of New Jersey (HBA-NJ). Padin will receive the award on June 22 at the HBA-NJ’s 38 th annual scholarship gala and awards dinner at The Legacy Castle in Pompton Plains. Register here . The award is named after the HBA-NJ’s first president, and pays tribute to Echevarria’s courage and foresight as a trailblazer for New Jersey Latinx lawyers. Individuals who win the award are recognized for advancing the cause of Latinx lawyers and helping to create opportunities for the Latinx community as ...
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While leaders fight it out over dark money and a millionaire’s tax, bills revising expungement procedures and workers’ compensation supplemental benefits now await the governor’s signature. The NJSBA supported measures to revise expungement procedures and withdrew opposition on the workers’ compensation bill. The “Cunningham Cleanse,” as the expungement bill has been christened, was voted out of the Assembly last week with a vote of 50-15-6. S-3205 (Cunningham) boasts a streamlined expungement process for certain criminal convictions by broadening a person’s eligibility. The bill focuses on the treatment of various marijuana offenses, in anticipation of a ...
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Have you met NJSBA 2019-2020 President Evelyn Padin ? She is a dynamo and some have called her a Renaissance woman . She's a lawyer, a restaurant owner, a commercial development and the first Latina to head the NJSBA in its 120-year history. Learn more about her in the latest NJSBA Sidebar podcast episode. Padin sat down in her Jersey City office just before her installation in May to talk about growing up in Hudson County; working as a social worker; her decision to go to law school and why it matters that people of diverse backgrounds rise to the top of the legal profession. She also discussed her priorities for the year ahead including holding ...
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This week, the New Jersey State Bar Foundation will install a new slate of officers, including its first Latino president. Norberto A. Garcia became the first Latino to lead the foundation in its history, marking a special chapter in the history that is cause for notice and celebration of our partner organizations with both being led by Latinos. Garcia is a litigator with Blume Forte Fried Zerres & Molinari. In addition to Garcia, the executive committee includes: First Vice President: Kathleen N. Fennelly; Second Vice President: Charles J. Stoia; Treasurer: Ralph J. Lamparello, a former NJSBA president; Secretary: John F. Gillick; and Immediate Past President: ...
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