January 14, 2018
This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters.
Mandatory electronic annual registration and payment begins
The Judiciary has kicked off the Attorney Electronic Registration and Payment Center to accommodate mandatory attorney registration. All attorneys are required to complete their annual registration and pay the annual fee electronically, with limited exceptions, by no later than Feb. 28. Attorneys can access the electronic system at www.njcourts.gov/attorneys/attreg.html.
State Treasurer Muoio to participate in fireside chat on public finance laws
The New Jersey State Bar Association will host a program covering public finance law, the administration of the state’s finances and the economic state of New Jersey on Jan. 17. The program, which features State Treasurer Elizabeth Muoio as guest speaker, is co-sponsored by the Women in the Profession Section; Government, Public Sector and Public Interest Lawyers Special Committee; and Local Government Law Section.
Additional featured speakers include Assistant Treasurer Dini Ajmani, Deputy Treasurer Catherine Z. Brennan, and Assistant Treasurer Jennifer Keyes-Maloney. The NJSBA members-only program qualifies for 1.8 CLEs. For more information or to register for the program, go to njsba.com and select “Meetings and Events.”
Supreme Court seeks comments on name change, criminal appeal proposed rules
Proposed Amendment to Rule 1:38-3(f) Seeks to Exclude Adult Name Change Forms From Public Access
The Administrative Office of the Courts is seeking comments on proposed amendments to Rule 1:38-3(f), which would exclude from public access new confidential forms required for civil adult name change applications, which include personal identifiers. The Judiciary has already excluded from public access the Social Security numbers of name change applicants and now seeks to protect from public access the Social Security numbers on two new forms. Proposed Rule 1:38-3(f) would add to the categories of documents excluded from public access the certification of confidential information for name change and final judgment addendum.
Comments on the amendments to proposed Rule 1:38-3(f) should be submitted in writing by Feb. 4.
Proposed Rule 3:4A—Time for Appeal From Denial of Pretrial Detention Open for Public Comment
The Supreme Court published for comment the report of the Supreme Court Criminal Practice Committee on the time for appeal by the state from a denial of a pretrial detention motion under Rule 3:4A. The ad hoc report was drafted in response to the Supreme Court’s request in an order handed down on Sept. 20, 2018, in the matter of State v. Dylan Satorius, 189 N.J. 643. The question in Satorius was whether the Appellate Division correctly interpreted Rule 3:4A(e) as imposing a 48-hour deadline for a motion by the state for interlocutory review of an order denying detention. The Supreme Court directed the Appellate Division to consider the merits of the state’s motion for leave to appeal on an emergent basis.
The committee concluded that the 48-hour timeline was never intended to impose a shorter time frame for an interlocutory appeal than the 20-day period already set forth in Rule 2:5-6. Rather, the 48-hour language referred to the defendant’s continued detention or stay of pretrial release, and not the period for the state to file an interlocutory appeal.
The proposed amendments to Rule 3:4A(e) seek to clarify this intention. Comments on the proposed rule should be submitted in writing by no later than Feb. 15.
For more information or to review the proposals, go to njcourts.gov/attorneys/notices.html.