Could not agree more.
We need a Judicial performance committee.
We also should change the requirements for judges so that we do not have judges without at least 15 or 20 years experience.
This should not be a career job, but a job to serve as a Judge only after having had a successful career as an attorney.
We have some good judges but we have a bench full of many attorneys who see the position as paying them better than what they were able to earn in their private practices (and to get a pension). How many of us know judges that were just counting the days until they could retire - from the first day of becoming a Judge?
All for now,
Jill
Jill LaZare
Law Offices of Jill Anne LaZare, LLC
55 Union Place, Suite 330
Summit, NJ 07901
Phone 908 219 4366
Fax 908 219 4362
Sent from my iPhone
Original Message------
So a law clerk just said to me "the other side didn't file a cross-motion, so you're not allowed to file a Reply." Seriously. The opposition contains easily provable lies, massively miscalculates the guidelines, ignores separate income from a business, etc. A Reply is needed. The law clerk says "yes, I've had this discussion with many other attorneys and the judge's position is that she doesn't permit a Reply when no cross motion is filed." This is a judge. Of the Superior Court. Drawing a paycheck our taxes pay for.
Went over Rule 5:5-4(c) on the phone with the law clerk ("(c) ... A notice of motion shall be served and filed ... not later than 24 days before the ... return date... Any opposing affidavits, cross-motions or objections shall be served and filed not later than 15 days before the return date. Answers or responses to any opposing affidavits and cross-motions shall be served and filed not later than 8 days before the return date.") and 1:6-3 (a) ("... any response must be filed and served no later than Thursday of the prior week. Reply papers responding to opposing affidavits or certifications shall be filed and served ... No other papers may be filed without leave of court.")
Was again told, "yeah, other lawyers keep arguing that as well ... but I'm telling you the judge will not consider a Reply if no cross motion was filed."
So I'll file it anyway and then what, a client can fund a slam-dunk appeal because a judge decided the Rule don't apply? Why should client have to? WTH?
We need a judicial performance committee in this State. Tenure, not tenured, whatever - if someone can't read Rules and do their job, why do they get to keep it?
And we wonder why the public has such a low confidence level with our courts?
<x-sigsep></x-sigsep> David Perry Davis, Esq.
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