The New Jersey courts currently are conducting limited on-site court proceedings, with in-person socially distanced jury trials scheduled to begin in late September 2020. Consistent adherence to public health requirements remains critical to supporting the health and safety of all court users. At the same time, attorneys and clients must have appropriate methods to communicate with the judge and privately during in-person court proceedings. To that end, this notice provides a list of approved options for sidebar communications and confidential attorney-client communications during jury trials and other on-site proceedings. Additional options may be considered on a case-by-case basis, with court approval, taking into consideration facilities and individual participant needs (including language access services and ADA accommodations).
As of this date we would like to update you on COVID-19 procedures and information regarding the partial reopening of the courthouse. Please note the following:
- We are currently in Phase 2 of statewide reopening and, in accordance with the guidelines, 15% of the courthouse staff are in the courthouse buildings.
- The courthouse is not currently open to the public for all proceedings. We will keep you informed of a projected opening date as we receive information.
- Probation and drug court litigants are being seen and drug testing is being done by appointment.
- Virtual Grand Jury continues.
- Numerous virtual proceedings in Family, Civil, Chancery, and Criminal take place on a daily basis. We have received very favorable responses from attorneys who have commented on the efficiency of these proceedings.
- Criminal trials and Civil trials will start on a very limited basis at the end of September.
- Municipal court is working well and efficiently using virtual platforms.
- There is no start date for Phase 3 at this time, wherein up to 50% of staff will be allowed in the courthouse building.
There have been major safety and health measures taken with respect to the reopening:
- When entering the courthouse building there are thermal scanners in place. If you have a temperature of 100.4 or higher, you will NOT be permitted to enter the building.
- Signage is placed throughout the courthouse with instructions on social distancing and wearing a mask in all public areas. Please bring your mask if you plan on coming to the courts.
- Touchless hand sanitizer units have been placed in all hallways for public use.
- Public intake areas are having plexiglass barriers installed.
- Efforts are underway by the county to change all the bathroom faucets and toilets “no touch” systems.
- Disinfectant wipe downs of all touch areas i.e. doorknobs, elevator buttons etc. are being done nightly by the county.
- Social distancing floor stickers are being placed on the floor at all entrances and customer service areas to facilitate social distancing.
We will continue to provide you with updates in the future. I wish to thank your President, Joseph Maurice and your Executive Executive Director, Frank O’Marra, for their efforts to bring updated information to the Bergen Bar members.
As the court continues to explore and investigate ways to assist counsel and litigants in bringing their civil cases to a conclusion, in light of the continuing complication of the pandemic, the Civil Presiding Judge is initiating an initiative utilizing the Complimentary Dispute Resolution (CDR) technique known as “Baseball Arbitration.” Presiding Judge Polifroni observes that the court’s prior recommendation that parties waive jury trials and submit to bench trials has not proved popular with the Bar. However, it is the court’s belief that the parties may be more comfortable in submitting the dispute to a judge, without a jury, if there are specific parameters to the potential result. Read More
NOTICE TO THE BAR
From Bergen County Assignment Judge, Bonnie J. Mizdol, A.J.S.C
In order to streamline the process and make Early Disposition Court (EDC) efficient and effective, I have determined to issue the following directive:
With regard to discovery, in accordance with R.3:13-3a, the prosecutor shall “provide all available relevant material” in the case two weeks prior to the EDC date. For the Special Victim Unit (SVU) cases, the EDC date shall occur six (6) weeks from the date defendant appears in Central Judicial Processing (CJP) Court. For all other cases, the EDC date shall occur four (4) weeks from the CJP date. The prosecutor’s plea offer shall accompany discovery. Defendant’s counter-offer, if any, shall be provided to the prosecutor within one (1) week of receipt of the plea offer, provided discovery has been exchanged. The parties shall engage in ongoing discussions of the case prior to the EDC date. Judiciary staff shall send a communication to the attorneys within three days of the EDC date seeking confirmation that the steps outlined above have been taken. A checklist indicating whether the tasks have been accomplished shall be placed in the EDC file.
If defendant wishes to enter a plea, but defense counsel requires additional time to discuss the details of the plea with the defendant, the EDC judge shall have the discretion to grant a one week adjournment. To the greatest extent possible, the plea documentation should be filled out prior to the EDC court session. Where appropriate, with the consent of the parties, the EDC judge shall facilitate the settlement of cases by engaging in discussions with the parties. Any such case conferenced by the EDC judge shall be retained by the judge for sentencing. Currently, EDC sentences are assigned to other judges; that process shall continue. The EDC judge will sentence only those cases conferenced by that judge.
This directive shall take effect immediately.
Our Criminal Part judges continue to handle criminal matters by utilizing technology to enable the parties to appear remotely.
I have assigned our Criminal Part judges to handle emergent matters for the months of September and October as set forth in the schedule listed below. Of course, this schedule is subject to any Phase changes that may be implemented.
The schedule is as follows:
The Bergen County Judiciary, in conjunction with the New Jersey Judiciary, is continuing to take preventive measures to reduce risks of exposure to and transmission of the COVID-19 coronavirus. We continue to handle as many matters as possible by telephone, Zoom or Teams platforms. However, during Phase II of operations certain in-person proceedings are being scheduled.
This is a reminder, especially during the peak of the vacation season, that should you have an in-person proceeding scheduled and have travelled to a quarantine impacted state as contained on New Jersey’s updated Quarantine Advisory, it is incumbent upon you to inform the court as soon as possible to allow for an appropriate quarantine time period.
Please know that you will not be permitted entry into the courthouse facilities until the required 14 day quarantine period has expired from the time of your last contact within the identified state.
We are being vigilant in our efforts to ensure the safety of all in the courthouse. Therefore, in addition to the disclosure of travel to an impacted state, you have an obligation to disclose whether you have experienced:
- Fever (A Temperature of 100.4 degrees Fahrenheit or greater);
- Symptoms (Cough, shortness of breath, difficulty breathing, chills, sore throat, muscle aches and pains, loss of taste or smell, any other unexplained illness);
- Close contact with anyone who has exhibited any of these symptoms; or
- Whether someone in your household or someone you have been in close contact that has tested positive for COVID-19 (Close contact with an infected person means within 6 feet for 10 minutes or more).
Your cooperation in keeping our courthouse safe for all who enter is much appreciated.
/s/ Bonnie J. Mizdol, A.J.S.C.
Dated: August 26, 2020
August 13, 2020 Bench Bar Conference
On August 13, 2020, Judge Mizdol met with the executive officers and substantive committee chairs of the Bergen County Bar Association for a Bench Bar Conference.
These conferences provide for the exchange of information and ideas between our members and our Bergen County Judiciary and we appreciate the continuation of this program.
During the recent meeting with Judge Mizdol, she explained the great efforts that she and the Bergen Judiciary are making to enable attorneys and litigants to return to the Courthouse. The efforts include, but are not limited to, courtroom layouts, safety and sanitary measures, social distancing requirements, courtroom logistics meaning what courtrooms can accommodate what cases, and protection of staff, attorneys, litigants, and judges. We should all be aware that the courthouse has gone through a thorough cleaning process in order to ensure everyone’s safety.
In response to the COVID-19 pandemic and the need to apply social distancing and other protective measures, the Judiciary by April 2, 2020 notice temporarily modified the procedures for applying for a protective order under SASPA, the Sexual Assault Survivor Protection Act of 2015. That temporary modification instructed litigants applying for a SASPA protective order to submit the completed application packet via email to the emergent mailbox either in the county in which the victim resides, the county in which the defendant resides, or the county where the act occurred.
This notice is to advise that where to submit the completed application for a SASPA protective order has changed. Those applications no longer should be submitted to the emergent mailbox, but rather should be sent through the Judiciary Electronic Document System (JEDS) at https://www.njcourts.gov/selfhelp/jeds.html. The SASPA application packet (CN 12590) has been updated on page 4 to reflect these new instructions.
Questions about this notice may be directed to the AOC’s Family Practice Division at 609-815-2900 ext. 55350.
/s/ Hon. Glenn A. Grant, J.A.D.
Acting Administrator Director
Dated: August 13, 2020
NOTICE Revised Instructions for Submitting SASPA Protective Orders.pdf
The new clerks will begin their 53 weeks of service on August 25th. There will be overlap of law clerks from August 25th to August 31st.
Due to the change in the date for the Bar Examination, now October 5th and 6th, the new clerks will be off from September 28th through October 2nd to study and the additional two days for the exam on October 5th and 6th.
Because the rescheduling of the Bar impacts motion calendars, the motion calendars will be adjusted as follows:
Original Dates New Dates
August 7th August 7th to remain the same
August 21st August 28th to allow for a motion day overlap
September 4th September 11th to allow new clerks to prepare 1st motion calendar
September 18th September 25th
October 2nd October 16th to allow law clerks to study and take the exam
October 30th October 30th to remain the same
The Supreme Court’s Post-Pandemic Plan (issued June 10, 2020) outlines in general terms the transition from Phase 1 (fully remote operations) to Phase 2 (incremental return of limited numbers of judges and court staff to Judiciary facilities). This notice provides additional guidance on current and future court operations, including as to ongoing monitoring and potential responses to statewide and local COVID-19 trends.
(1) On-Site Presence and In-Person Events
The Court’s Post-Pandemic Plan summarizes the phases of the gradual return to court facilities and in-person services as follows: