The MCBA sponsored a meeting last evening with Michelle Smith, Clerk of the Superior Court.
Ms. Smith gave us a historical perspective on the increase in filing fees. The impetus, as previously reported, was a vote by the electorate approving criminal law reform, more specifically bail reform. The legislature decided the reforms would have to be funded by filing fees and the cost was studied. It was determined that they needed about $22 million to fund this project.
The answer to counterclaim (and in civil cases, the answer to cross-claims) fees are under study and the Court is well aware that the plaintiff is not filing a first pleading when filing an answer to counterclaim. The controlling statutes, N.J.S.A. 22A:2-12 and 13 do not authorize fees for anything other than the filing of a first pleading. What they are going to do about this is uncertain, but they are aware that there is no authority under current law to collect those fees.
The Notice of Appearance fees are still going to be charged unless you are in the court's filing system as the last attorney of record in a case. Ms. Smith acknowledged the 45 day rule which automatically relieves you as attorney of record post-judgment. They are going to draft a new rule to try to change this. She said when there is a post-judgment application and you were the attorney on the file for the opposing party, they are working on sending you a notice of the motion or application (which heretofore was only happening in FD matters). This raised even more questions concerning your responsibility to your former client, and several lawyers expressed their concern to Ms. Smith about the burden this notice would place on attorneys who no longer represent the client. She acknowledged those concerns but at this point there are no answers. Strangely, if another lawyer represents the client, they must obtain from you a substitution of attorney even though under the 45 day rule, you are no longer attorney of record for that client. This would even be true if the client decides to represent himself. This is how far they are going to go in an attempt to raise the funds for bail reform. It is unfair, as we all know, but absent a lawsuit challenging these fees, this is what we will be facing.
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Robert Goldstein Esq.
Manalapan NJ
(732)972-1600
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