NJSBA Family Law Section

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  • 1.  Judicial inaction / suggestions needed

    Posted 01-03-2017 03:47 PM
    A client's matter was remanded by the Supreme Court to the trial court 16 months ago for recalculation of support and other issues (including having parenting time re-evaluated). The Supreme Court retained jurisdiction in its order granting cert. The trial judge wrote to the Clerk of the Supreme Court in June of last year saying that an order was to be entered the following week. That's now over six months ago. I've called, I've written. I've left messages for the law clerk. The client is massively overpaying child support ($272 per week whereas CSG was $162 per week). More importantly, he sought a review of parenting time in his original application and the court indicated verbally that he will need to obtain an expert (meaning more delay before any change is ordered). The child at issue was nine when he filed his motion - he'll be 12 in February.

    My adversary shares my frustration over this. It will be three years next month since the original order and he recognizes that the support adjustment is going to result in a credit his client will somehow have to repay (three years x overpayment of $110 per week, already at $16,000+). He called as well and, in August, we proposed an order under the five day rule (knowing that, technically this wasn't the way to go since we didn't have a decision). The court called in September and said we shouldn't have proceeded under the five day rule, but she'd have an order out to us "shortly."

    It's now another four months. I'm not sure how to handle this. The only option I can see would be to write to the Supreme Court and notify them that, in spite of the trial court's representation that an order would be entered last June, this has never happened and to ask that the Supreme Court set a briefing schedule. I'm really perplexed by this. This is a good judge I've had many cases before, and there's no apparent reason for this being ignored. I'm worried about going to the Supreme Court and saying "the judge didn't keep her word and the parties and their son is hurting because of it." If anyone has any other suggestions on how to deal with it, they'd be more than welcomed.


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    David Perry Davis, Esq.
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       www.FamilyLawNJ.pro
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    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

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  • 2.  RE: Judicial inaction / suggestions needed

    Posted 01-03-2017 03:50 PM

    Go to the PJ first and then to the AJ.

    ------------------------------
    Mitch Steinhart, Esq.
    Bergen County Board of Social Services
    Rochelle Park, NJ

    Original Message


  • 3.  RE: Judicial inaction / suggestions needed

    Posted 01-04-2017 04:32 PM
    Each county or vicinage has a Professionalism Committee.  Perhaps you could ask yours to intervene.

    Rosalyn A. Metzger LLC
    Attorney-Mediator
    1031 Resolution Drive
    Bethlehem, Pennsylvania  18017
    (908) 310-0356
    www.mediate.com/rmetzger
    Serving New Jersey as well as
    Northampton County PA

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    Original Message


  • 4.  RE: Judicial inaction / suggestions needed

    Posted 01-05-2017 08:41 AM

    The problem with the going to the Professionalism Committee is that you are asking attorneys to admonish or guide a judge before whom they may appear.  This issue came up at a Bench-Bar committee meeting with Bergen's then Assignment Judge, Peter Doyne.  Judge Doyne clearly stated that if there are issues with a judge, then the lawyer should speak with the Presiding Judge, and if there are issues with a Presiding Judge, then the concerns should be addressed with the Assignment Judge.  (We did not discuss what to do if there were issues with the Assignment Judge.) 

    ------------------------------
    Mitch Steinhart, Esq.
    Bergen County Board of Social Services
    Rochelle Park, NJ

    Original Message


  • 5.  RE: Judicial inaction / suggestions needed

    Posted 01-05-2017 09:51 AM

    To All,

      Perhaps all judges should be less sensitive about accepting constructive criticism from attorneys. And we should not worry so much about backlash, as long as our criticism is delivered courteously and respectfully. Many judges are not so restrained in criticizing attorneys. We're all just people, and we all graduated from law school. Many of us have more experience than the judges before whom we appear. Nobody is infallible.

    Thanks,

    Ed

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 voice; 908.660.4866 fax

    "Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

    www.zohnlaw.com

     




    Original Message


  • 6.  RE: Judicial inaction / suggestions needed

    Posted 01-05-2017 02:08 PM
    Let me just weigh-in a bit.  It has always been my view that we all have (should have) the same goal - helping people and moving cases fairly and expeditiously.  Moreover, a Judge should never forget that putting on the robe is simply a role in that process, and judges are still attorneys.  I have always been of the belief that each section of a local bar (Family, civil, Criminal) should meet regularly with the PJ of each division, and the section chairs regularly with the AJ to address any problem, issues, etc that become obstacles in attaining our common goal - effective communication is always the key in anything in life - no problems are resolved effectively without it.  Having said all that, I'm not familiar with the particular problem raised here, but the County Bar leaders need to do just that - lead - without fear of reprisal if the issue is a just one - we on the bench cannot succeed without the help and cooperation of the Bar.  Judge Fall (back on recall, again)

    Sent from my iPhone



    Original Message


  • 7.  RE: Judicial inaction / suggestions needed

    Posted 01-03-2017 03:54 PM

    David: I'd suggest a meeting with the PJ. If that doesn't work, go to the AJ. You should get immediate action.

     




    Original Message


  • 8.  RE: Judicial inaction / suggestions needed

    Posted 01-03-2017 05:09 PM
    I agree with Thomas. I am certain that you will get a very quick
    response once the PJ and, subsequently if necessary, the AJ are advised.


    Original Message