A letter shared this week from Senate Judiciary Chairman Chuck Grassley indicates that New Jersey’s senators, Senators Menendez and Booker, have not met with the Third Circuit judicial nominee, Paul Matey, and have not returned the “blue slips” – a courtesy which has historically been extended to home state senators of proposed nominees, to ensure they are consulted prior to a nomination. See the Letter to NJ Senators here.
Fairness. Justice.
Rule of Law.
Tag Archives: Judicial Selection
Bringing Common Sense To Our Legal System
Our court system shouldn’t have to deal with suits over the length of sandwiches, amusement park rides that make kids too dizzy, and gassy co-workers. But it does.
Why? Because numerous state laws explicitly encourage litigation when other means of dispute resolution would be quicker and more cost effective; poorly drafted statutes invite endless lawsuits over their interpretation; and antiquated policies limit the ability of our state to improve its legal climate.
Things have gotten so far off track, New Jersey has been named one of the nation’s worst “judicial hellholes.” At this point, there is nowhere to go but up, and the time is right to make changes, both legislatively and via judicial action.
Chief Justice Provides Update on Complex Business Litigation Program
On Tuesday, Chief Justice Stuart Rabner provided members of the New Jersey State Bar Association an update on the state’s complex business litigation program. Rabner said the program is off to a “good start,” but he hopes that more litigants will soon take advantage of the program.
At the State Bar’s annual meeting in May, Rabner reported that the complex commercial litigation program (CBLP) had 69 cases in it. According to the Chief Justice, that number has now grown to 160 cases, 32 of which have been resolved. The Chief urged attorneys to utilize the program, noting that thus far litigants in only four counties – Bergen, Middlesex, Essex and Monmouth – seem to have really embraced it.
The CBLP was launched on January 1, 2015 in response to the business community’s request for a means of more efficiently and effectively addressing the needs of our state’s business litigants. According to the new webpage the court has set up to promote the program:
A case is assigned to the CBLP if the amount in controversy is greater than $200,000 and it involves a complex commercial or construction dispute. Litigants initially indicate that a case should be handled by the CBLP by indicating complex commercial (case type 508) or complex construction (case type 513) on their Case Information Statement. If after review, it is determined that the complex nature of the action or the threshold damages claim amount is not established, the case may be removed from the program and reassigned to an appropriate track.
Parties may move by motion for inclusion in the program where an amount less than $200,000 is in dispute and where the dispute involves complex factual or legal issues; a large number of parties; discovery issues such as managing large numbers of documents, multiple experts; is expected to have implications for business beyond the decision in the particular case; is likely to result in a significant interpretation of a business or commercial statute.
As was noted at the event, cases that were filed before January 2015 are eligible for inclusion in the CBLP. Interested parties can either write a letter to the judge or make a formal motion requesting the case be moved to the CBLP.
One of the main benefits of the program is that cases in it are overseen start to finish by a group of fifteen judges, one from each vicinage, who have been given specialized training designed to help them manage and decide complex business disputes. Rabner noted that these judges will not be rotated as frequently as judges with other assignments are. He then stressed that he hopes more attorneys with litigation experience, particularly complex business ligation experience, will seek judicial appointment. He did not, however, directly address the fact that skill level and desire to become a judge does not guarantee nomination.
Another interesting aspect of the CBLP is the fact that the judges are required to make opinions of note available to the public, even if they are not published opinions, so that businesses and litigants have a body of case law to draw on when making management decisions. To this end, the court has started collecting business-related decisions it deems noteworthy on its website. These cases are sortable by type. For example, you can click here to see the rulings that have come from CBLP-designated cases thus far.
After Rabner spoke, a panel of attorneys and judges who have been involved with the creation and administration of the CBLP gave a boots on the ground report of what participating in the program is like, offering comparisons to the federal system and business courts in other states. The panelists recommend that New Jersey look to other jurisdictions to see what they are doing about the explosion of electronic discovery (specifically how the federal system is adopting proportionality requirements), how to decide what information should be sealed, and what standard forms should be created to aide litigants in the CBLP. It was also suggested that the program be expanded to cover class actions and some cases where the government is involved.
According to the Chief, the court is looking for feedback on the CBLP. He indicated that he’s not ready to make changes to program right away, but that he thinks it will naturally grow and evolve to meet the needs of the business community.
One change that is coming soon though is electronic filing. Kevin Wolfe, from the Administrative Office of the Courts said that if all goes according to plan, civil suits, including those in the CBLP, will be added to the court’s growing electronic filing program by the end of 2016.
The New Jersey Civil Justice Institute believes the CBLP is a step in the right direction, and we are anxious to see the program grow and evolve to meet the needs of New Jersey’s business community. If you have feedback about the program, we encourage you to share it with our team as well as with the courts.
State Bar Meeting Provides Overview of New Jersey’s Legal Landscape
Last week the New Jersey State Bar Association held its annual convention in Atlantic City. Over 2,500 judges, lawyers, law clerks and law students headed down the shore in search of CLEs and the scoop on emerging legal issues. In the following post, NJCJI’s Emily Kelchen reveals her insights on issues of interest to the civil justice community that were discussed at the convention. Continue reading
Bruce Harris nomination tomorrow, 10 a.m.
Some say it’s a done deal: Bruce Harris, Mayor of Chatham and Governor Christie’s Supreme Court nominee, won’t be approved by the Senate Judiciary Committee tomorrow.
The Star-Ledger reported this last week (Spoto, 5/22), and others have weighed in since. Here is a sampling:
“Before a second of testimony has been heard or a single question has been asked, once again Democrats are disrespecting the nomination process and rushing to judgment to kill another qualified man’s nomination before he even sits in the committee room.”- Kevin Roberts, spokesman for Governor Christie
“The nomination of Mr. Harris sends the wrong message, that we can only achieve diversity on the Supreme Court through lowering the bar for qualifications. In a state with many distinguished African-American lawyers and judges, nothing could be further from the truth.” – Senator Ronald Rice, leader of the NJ Black Legislative Caucus
“I don’t think it’s going to be an extremely long hearing because there’s just not a lot of experience to question him on,” Senator Nick Scutari, Senate Judiciary Chair
(and of course)
“It’s interesting that someone like Nick Scutari, with his educational background [found Harris unqualified]” – Governor Christie.
Survey finds that businesses want impasse between Governor, Legislature, resolved
Over 90% of small businesses concerned about vacancies on the State Supreme Court, according to Rutgers-Eagleton Survey
TRENTON, N.J. – A recent tide of outrageous lawsuits and vacancies on the State Supreme Court are contributing to a hostile business climate in New Jersey, according to a survey conducted by the Rutgers-Eagleton Institute.
Nearly three quarters of small businesses surveyed said it was “very important” that the Governor and State Senate resolve their impasse in order to fill vacancies on the state’s Supreme Court, which began in 2010.
“The New Jersey Supreme Court is crucial to our state’s economy,” said Marcus Rayner, president of the New Jersey Civil Justice Institute. “New Jersey’s business community is telling us loudly and clearly that vacancies on the state’s highest court are a leading concern.”
“As New Jersey’s small businesses recover from a sluggish economy and added devastation from Hurricane Sandy, cost drivers like liability insurance and the threat of frivolous litigation only add to business concerns, which can be heavily influenced by court decisions.”
An overwhelming majority (75 percent) of respondents fear that a high-profile lawsuit in Ocean County will negatively impact New Jersey’s business community. The Court allowed a motorist charged with driving while intoxicated to sue a local establishment for the injuries he sustained after causing an accident; several respondents are planning to make changes to their business as a result of this decision.
Respondents strongly support a proposal to have specialized business courts handle court cases involving businesses. An astounding 92 percent of small businesses surveyed want the Legislature to focus on liability reform.
New Jersey-based small businesses with fewer than 50 employees were surveyed.
State Bar Forum on Judicial Independence Long on Complaints, Short on Solutions
The New Jersey State Bar Association’s Task Force on Judicial Independence held the first of its four public hearings on April 1, 2014, at the New Jersey Law Center. Though over 20 people testified at the three-hour hearing, few offered concrete suggestions for how the court system could be improved. The majority of the testimony focused on perceived problems with the system.
New Jersey State Bar Association Task Force on Judicial Independence
The New Jersey State Bar Association has created a Task Force to examine the issue of judicial independence. The members of the Task Force are retired judges, law professors, practicing attorneys and members of the lay public. The goal of the Task Force is to produce a report that will contain recommendations with respect to preserving the independence of the judges of this State. The Task Force is wholly independent of the Bar Association, which will not control or influence its proceedings or conclusions.
The Task Force has concluded that it should hold a series of public hearings to solicit the views of both the legal community and the community at large with respect to this critical issue. These hearings will be held on the following dates, at the stated locations:
- Tuesday, April 1, New Jersey Law Center, New Brunswick, 4 p.m.
- Thursday, May 15, NJSBA Annual Meeting, Borgata, Atlantic City, 1 p.m.
- Rutgers Law School—Camden, date to be determined
- Seton Hall Law School, Newark, date to be determined
The purpose of these hearings is to seek purposeful recommendations as to whether our current system of judicial appointment and reappointment may be improved, and if so, how. The hearings are not intended, and will not be permitted, to provide a forum for individuals who may be disgruntled with their contacts with the judicial system or with the composition of the judiciary.
Those interested in testifying should send their name, contact information, and a brief statement to taskforce@njsba.com.