Category Archives: Bench-Bar

Dear Members,

The Bergen County Bar Association leadership meets with the Bergen County Assignment Judge quarterly to discuss issues of mutual interest to the judiciary and our membership. If you have matters of general importance that you believe we should raise at our next meeting, please email the BCBA.

This is a summary of the September 15, 2026, meeting with the Hon. Carol Novey Catuogno, A.J.S.C.

Judge Catuogno opened the meeting with warm remarks, thanking the Bergen County Bar Association and its attorneys for their continued cooperation with the Court. She spoke about the strong relationship between the Bar and the Court and thanked the attorneys for their efforts in working with the Court to keep cases moving.

1. Division Information

A. Civil Division

• Hon. David Cavello, J.S.C., is assigned to the Law Division/Special Civil Part (effective 9/1/26.
• Hon. David V. Nasta, J.S.C., serves as a Settlement Judge and continues to resolve upwards of 60% on the settlement calendar.
• Hon. Gregg A. Padovano, J.S.C. and Hon. Lina P. Corriston, J.S.C. will be handling the remaining Mt. Laurel cases.
• Bergen County has had 88 Civil Jury Trials this past Court year.

1. Carrier Days
Allstate: 9/9/26
Plymouth Rock: 9/29/26
Farmers:10/08/26
State Farm: 10/15/26
Allstate: 10/22/26
Travelers: 10/27 & 10/28/26
Garden State: 11/12/26

2. Civil Remote Days: TBD

B. General Equity Division

• Hon. Michael J. Blee, Acting Administrative Director of the Courts, participated in a Chancery Blitz last Spring and conducted a mediation.
• Hon. Walter F. Scrod, J.S.C. (ret.), is on recall and will be handling foreclosures.

Chancery Blitz: 10/27/26.

C. Family Division
• Hon. Kevin Purvin, J.S.C., is assigned to the Family Division and is handling FD and FO contempt matters.
• The New Jersey Courts website has instructional materials available for attorneys assigned to handle contempt matters from the Madden list.

FD Blitzes
• October 16, 2026
• October 30, 2026
• November 13, 2026

D. Criminal Division

• Hon. Julie Kim, J.S.C., is assigned to the Criminal Division effective 9/1/26.

1. Criminal Blitz/Settlement Conferences will be held on the following dates:

• October 21, 2026 – follow-up 10/28/26
• December 2, 2026 – follow-up 12/9/26
• February 3, 2027 – follow-up 2/10/27
• April 7, 2027 – follow-up 4/14/27.

The follow-up conference, held one week later, will give the parties an additional opportunity to work toward a resolution.

2. Judiciary Warrant System

• The Judiciary Warrant System is now up and running and provides one system for all bench warrants across all Divisions.
• The system has streamlined the issuance and vacation of bench warrants, particularly the vacation process, helping avoid accidental loss of liberty due to error.

3. Miscellaneous

a. Judicial Reassignments
• Hon. Gary N. Wilcox, J.S.C., will handle detention matters.
• Hon. Marc Ramundo, J.S.C., will be taking over Judge Purvin’s calendar.
• Hon. James X. Doyle, J.S.C., will be taking over Judge Wilcox’s calendar.
• Hon. Julie M. Kim, J.S.C., will be taking over Judge Doyle’s calendar.

E. Juror Information
• The Court is expecting a large number of jurors over the next several weeks.
• Kate’s Corner will have additional food available for purchase to accommodate the increased number of jurors

Dear Members,

The Bergen County Bar Association leadership meets with the Bergen County Assignment Judge bimonthly to discuss issues of mutual interest to the judiciary and our membership. For matters of general importance which you believe should be raised at our next meeting, please email the BCBA.

This is a summary of the March 10, 2026, meeting with the Hon. Carol Novey Catuogno, A.J.S.C.

1. Division Information

A. Family Division

Hon. Michelle Marose, has returned to Bergen County and will handle the FG docket while also assisting with the FD docket.

Hon. Francis McGrogan, serving on recall and cross-designated, will assist with the FV, FO (weapons) and FN dockets.

Hon. Joseph Mecca, J.M.C. will handle civil commitments at Bergen New Bridge Medical Center.

The FM Blue Ribbon Blitz will be held twice per month.

FD Blitzes: Hon..Jane Galina-Mecca thanks members of the bar for serving as mediators.

The County has declined to continue paying an attorney to represent indigent defendants charged with having violated a DV restraining orders (FO calendar). Attorneys will be chosen from the Madden List to fill that role going forward. In response, the BCBA will offer a complimentary CLE on April 8, 2026, on how to try a contempt case.

The Judiciary’s Family Division Conference: March 23-24, 2026

The State of the Family Law Bench and Bar will be held on May 5, 2026.

B. Criminal Division

The Criminal Division currently ranks first statewide in pre-indictment resolutions, thirteenth in post-indictment resolutions, fifth in municipal appeals, and twelfth in post-conviction relief.

A new Judicial Warrant System will be implemented on June 1, 2026, introducing a uniform platform for more efficient warrant review.

The Judiciary’s Criminal Division Conference: April 29 – 30, 2026.

In partnership with CarePlus, the Prosecutor’s Office is launching a Mental Health Diversion Program for eligible defendants with underlying mental health issues. Participants will be placed on a structured probationary track that includes treatment, supervision, and community service. They will also be required to follow individualized treatment plans through CarePlus. Successful completion may result in reduced charges or dismissal, where appropriate.

C. Civil Division

Nicole Manalio has been appointed Assistant Division Manager.

Dana DeSanto has been appointed Arbitration Administrator.

Insurance Days:

• Plymouth Rock March 11, 2026
• GEICO March 25, 2026
• Westfield (GSP) March 31, 2026
• State Farm April 16, 2026
• Westfield (GSP) April 17, 2026
• Farmers April 23, 2026

From January 2025 through 2026, the Civil Division reduced its backlog by 15%.

The Judiciary’s Civil Division Conference: April 27 – 28, 2026.

Chancery judges will require in-person first appearances in all contested matters.

Chancery Seminar: June 3, 2026.

Second class of Guardianship training: TBD.

E. Municipal Division

Hon. Benjamin Choi, J.M.C., has been designated as the Presiding Municipal Court Judge for Bergen County.

An increase in municipal court activity is anticipated in June and July due to events including the World Cup, Fleet Week, and the 250th Anniversary of the United States.

2. Miscellaneous

Expungement Clinic: April 10, 2026.

The New Jersey Reentry Program, operated by the New Jersey Reentry Corporation under former Governor Jim McGreevey, provides job training, education, and support services to individuals returning from incarceration.

Courthouse Attorney room: The County is undertaking moderate renovations to the attorney room, including updated electrical work, lighting, new carpeting, and fresh paint, to enhance the space.

Dear Members,

The Bergen County Bar Association leadership meets with the Bergen County Assignment Judge on a bimonthly basis to discuss issues of mutual interest to the judiciary and our membership. For matters of general importance that you believe should be raised at our next meeting, please email the BCBA.

This is a summary of the December 9, 2025, meeting with the Hon. Carol Novey Catuogno, A.J.S.C.

Judge Catuogno opened the meeting with warm remarks honoring Judge Michael Dressler, Bergen County Surrogate. She reflected on his extraordinary life of public service and noted that, in learning more about his legacy, it became clear that his life was nothing short of heroic. She emphasized his remarkable contributions to the people of Bergen County and expressed her gratitude to him and for the continued support of the Bergen County legal community.

1. Judicial Appointments: Bergen’s four judges recently nominated for reappointment successfully appeared before the Senate Judiciary Committee at their December 1st meeting. The nominations of Hon. Michael Beukas, J.S.C.; Hon. James Geiger, J.S.C.; Hon. Jacklyn Medina, J.S.C.; and Hon. Nina Remson, J.S.C. have been passed to the full senate for confirmation. The full Senate will vote on December 18th.

2. Division Information

A. Family Division.

FD Blitz’s for October and November were successful.

The Division will take its DV TRO filings in person at the courthouse until 4:00 p.m.

Family Remote Days:
February 9, 2026
July 6, 2026
September 25, 2026
December 11, 2026

B. Criminal Division.

The Criminal Division ranks first among all 21 counties in pre-indictment resolutions and eleventh statewide in post-indictment resolutions.

Criminal had 7 Criminal Trials including 1 Attorney conducted Voir Dire (ACVD).

Municipal Appeals: Hon. Mitchell Steinhart, J.S.C., is currently presiding over all municipal appeals.

Recovery Court Graduation: Recent inspiring ceremony celebrated 8 graduates.

Criminal Remote Days:
March 13, 2026
May 22, 2026
September 11, 2026
October 23, 2026

C. Civil Division

Team Leader Dana DeSanto will be handling the arbitration schedule.

Bergen County currently has the highest reduction in backlog percentage for Civil in the State.

Hon. David V. Nasta, J.S.C. – Settlement Judge and has a 64% settlement rate for November 2025.

Bergen County has had 36 Civil trials.

Bergen County will have several new multi-county litigations (GLP1/gastro and GLP1/vision loss).

Civil Remote Days:
February 6, 2026
April 2, 2026
June 12, 2026
October 30, 2026

D. General Equity Division:

Chancery Judges will be requiring in-person First Appearances in Probate Matters.

E. Municipal Division
Hon. Anthony Gallina, P.J.M.C., will retire as the Bergen County Presiding Municipal Judge effective December 26, 2025.
Hon. Benjamin Choi has been designated to serve as the next Bergen County Presiding Municipal Judge effective December 27, 2025.

3. Miscellaneous:

A total of 6,800 jurors were summoned to the courthouse between July 2025 and November 2025; 5,014 of them appeared for and were sent to voir dire.

Dear Members,

The Bergen County Bar Association leadership meets with the Bergen County Assignment Judge
on a bimonthly basis to discuss issues of mutual interest to the judiciary and our membership.
For matters of general importance that you believe should be raised at our next meeting, please
email the BCBA.

This is a summary of the September 9, 2025, meeting with the Hon. Carol Novey Catuogno,
A.J.S.C.

Judge Catuogno opened the meeting by extending her appreciation for the cooperation
between the Judicial Bench and the Bar.

Courthouse Updates:

• Court User Resource Center – The former Law Library has been converted into
  a Court User Resource Center. The Ombudsman and staff will be located there,
  and the public will have access to the computers for research.
• Exterior Renovation – Scaffolding will remain in place for some time, while the
  State Historical Renovation Committee oversees the restoration work. This has
  also pushed back the start of Phase 2 of the courthouse renovation.
• Attorney Lounge – The County, in partnership with the Bergen County Bar Association,
  is working on refreshing the current Attorney Lounge. The County has graciously
  agreed to certain minor updates. These improvements are intended as an interim
  step until Phase 2 construction is finished and the new Attorney Lounge is
  opened.

Division Information:
1. Family Division

• FD Blitzes are scheduled for October 17, 2025, and November 17, 2025.
• FM Blue-Ribbon Panels of retired judges and experienced attorneys have been assisting
  in resolving matrimonial matters.
• Family Division COOP (remote) days are set for September 19, 2025, and November
  10, 2025.

2. Criminal Division

• The Attorney-Conducted Voir Dire (ACVD) pilot program is continuing in the Criminal
  Division; one such matter is currently on trial.
• The Criminal Visitation Team reported a high mark for collaboration with both internal
  and external stakeholders.
• Criminal Division COOP (remote) day is set for October 10, 2025.

3. Civil Division

• Civil trials are proceeding; attorneys can anticipate being “sent out” on their listed trial
  date.
• Carrier Settlement Days are as follows:
   Plymouth Rock – 9/23 and 11/18/25
   Travelers – 9/23/25
   Farmers – 10/15/25
   Geico – 9/30/25
• Recent addition of the Round-Up cases to the MCL docket.
• Mount Laurel Cases, in the challenge phase, are moving forward.
• Settlement conference weeks are: 9/15, 9/29, 10/13, 10/27, 11/10, 12/8, and 12/22/25.
• Fees for “de novo’s” have increased to $265.00, and fees for arbitrators have increased to
  $400.00 per day.
•  Civil Division COOP (remote) day is scheduled for December 12, 2025.

4. General Equity Division

• Judge DiBiasi, P.J.Ch. and Judge Ostuni continue to advance cases.
• The Probate Litigation, Guardianship, and Elder Law Committee will host a CLE,
  Mastering Elder Law: Advanced Strategies for the Modern Practitioner, on October
  16–17, 2025.
• General Equity COOP (remote) day is to be announced.

5. Miscellaneous:

• Domestic Violence DP Contempt Calendar / Public Defender – The County has
  graciously agreed to provide funding to maintain this position through the end of 2025,
  ensuring continued representation for those whose liberty interests may be implicated.
• The Judiciary and other stakeholders are deeply grateful to the County for their
  commitment to sustaining this vital role and hope that it will find budgetary support to
  continue into the new year and beyond.
• Law Clerks – This year’s law clerks overlapped for a two-week period to allow for
  training and a smooth transition. The initiative proved to be both successful and highly
  beneficial for the incoming clerks.

Written by: Theodore M. David, Chair, Tax Law Committee

1. The Sleep Test
2. Estate Tax Going?

1.

They say if you become a teacher by your students, you will be taught. I subscribe to that homily. I spent 32 years teaching at the University ending up a tenured full professor in law and taxation. One of the most satisfying parts of being a tax professor and tax practitioner was having the opportunity to mentor a new tax lawyer. I had such an opportunity in the early 1980s when I encountered in my class Scott Novak. Many years later I think he would agree I helped him get on the path of practicing tax law. So it is with much pride that I cite for this bar bulletin a chunk of his recent article which appeared in the Bloomberg publication called Tax Management Memorandum dated April 28, 2025. The Article is entitled: Businesses are facing financial headwinds – a Practical Guide. The article is a long one and extremely helpful but one part of it draws my attention. Scott asked the question that many lawyers, accountants and I am sure clients as well probably have had over the years: When do you hire a tax lawyer? Needless to say, there are many intricate and complicated issues which suggest the answer but a simple version Scott has set forth in his article: “it often occurs to me that the best service that I can provide to a client is to help the client sleep better at night. When speaking to accountants, I will sometimes get asked the question, how do we know when it’s time to refer a client to a tax attorney. There are several answers to that question, but first and foremost, send them to an attorney when their tax issues keep them up at night.” Easy to use and on point. But this is a tax bulletin, and the rest of the Article I here summarize and excerpt:

Many of my clients make decisions when faced with tough times that haunt them for years to come. What follows are some thoughts from experience in the trenches. One caveat – neither my firm nor I condone the nonpayment of taxes, or unfiled returns. But we do understand the realities that businesses might face in the difficult times ahead and would like to help you make the best decisions possible.

Trust Fund Taxes — Always Pay These! There is a reason why this comes first, ahead of the topics that follow. The moment that you collect sales tax, you are personally responsible to turn that sales tax over to the state.

Filing Tax Returns Late or Not Filing Them at All — Federal. Your business is struggling, maybe you’ve fallen behind a bit and you’re very distracted with the minute-to-minute issues that you are faced with. Wouldn’t it be simple to just not file your tax returns right now, especially if paying the tax might be impossible at the moment or might force some hard decisions that you would prefer to put off? When a client comes to me with the question of whether or not to file, here is what I tell them. The penalties for failure to file a tax return on time are far greater than the penalties for failure to pay on time.

Annual Business Registration Fees Many smaller entities neglect to register and pay the annual fees required by the state that they were organized in. While the annual fees are not onerous, if you ever want to terminate that business, and those fees have not been paid along the way, it is likely that all of those fees will all have to be paid, in addition to a penalty in some states. Better to stay on top of those fees and to terminate a business as soon as possible when it no longer serves a purpose.

W-2 or 1099? Some business owners opt to treat certain workers as independent contractors (1099) rather than employees (W-2). Why might they do that when facing financial hardships? Two primary reasons. First, the burden of state and federal employment taxes is fully shifted from the employer to the worker. Second, the employer’s workers’ compensation burden may be reduced if the individual is not the employee of the employer. What some may not realize is that the question of employee vs. independent contractor is not a simple matter of choice or preference. There are tests at both the state and federal level that are used to determine the status of a worker. There also exists an entire body of law generally called “employee misclassification.” If reading that title leaves you with the impression that there is a bias towards classifying workers as employees, you are correct. And the states are much more invested in this than the IRS. Almost no one comes out of a state employment tax audit unscathed.

I am sure if you ask, Scott would be glad to send you the complete article that you may want to share with your business clients. He’s at a Scarinci Hollenbeck. PS He got straight A’s in my class.

2.

From Martin Shenkman this note: US representative Randy Feenstra, a Republican from Iowa introduced a bill called the Death Tax Repeal Act. It was introduced February 13, 2025 with more than 170 representative signing on. Senator John Thune introduced companion legislation in the United States Senate. Marty comments: “Tax seers have a batting average well below that of local weather forecasters and that it’s just not possible to predict what this Congress may do.” I add or anyone else in this current government.

Questions or comments should be emailed to Tdavidlawyer@gmail.com.

Dear Members,

The Bergen County Bar Association leadership meets with the Bergen County Assignment Judge quarterly to discuss issues of mutual interest to the judiciary and our membership. For matters of general importance that you believe should be raised at our next meeting, please email the BCBA.

This is a summary of the March 11, 2025, meeting with the Hon. Carol Novey Catuogno, A.J.S.C.

Judge Catuogno opened the meeting by extending her appreciation for the cooperation between the Judicial Bench and the Bar. Read More

The Bergen County Bar Association leadership meets with the Bergen County Assignment Judge on a bimonthly basis to discuss issues of mutual interest to the judiciary and our membership. For matters of general importance that you believe should be raised at our next meeting, please email the BCBA at info@bergenbar.org.

This is a summary of the January 14, 2025, meeting with the Hon. Carol Novey Catuogno, A.J.S.C.

1. Judicial Tenure: Hon. Carol Novey Catuogno, A.J.S.C. and Hon. Mitchell Steinhart, J.S.C. received tenure.

2. Newly Appointed Judges:
• James M. Doyle – Assigned to Bergen Criminal Division.
• Michelle J. Marose – Initial Judicial Assignment – Passaic Family

3. Judicial Retirement: Hon. Edward A. Jerejian, P.J.Ch. to retire effective February 1, 2025.

4. Judicial Reassignments:
Hon. Darren T. DiBiasi will be assigned as Presiding Judge of the Chancery Division
Hon. Nicholas Ostuni will be reassigned to the Chancery Division
Hon. Kevin Kelly was reassigned to the Civil Division.

5. Division Information

A. Family Division – The Family Division will have several upcoming dates specifically designated for settlement/resolution purposes. There will be an FD Blitz on January 31, 2025, and February 25, 2025.

The Family Law Committee will host a CLE and mixer on March 26, 2025, and a State of the Family Bench on May 19, 2025.

B. Criminal Division – Central Judicial Processing Court is now being conducted virtually on Saturdays/holidays.

The Criminal Division is # 1 in pre-indictment resolutions in the 21 counties and #10 in the 21 counties in post indictment resolutions.

A settlement blitz took place last week.

Each Judge in the Criminal part will hold mini settlement blitzes – Dates TBD by each judge.

Attorney conducted Voir Dire Pilot Program (ACVD) is continuing in the criminal part.

C. Civil Division–  Civil Trials, including Med-mal, are being conducted. If attorneys are ready for trial, you will be sent out for trial.

Carrier Days:
USSA: 1/21/25
Geico: 2/4/25
Plymouth Rock: TBD
Farmers 4/6/25

D. General Equity Division – General Equity filings are to be made via ECOURTS, not JEDS

E. Municipal Division – By way of a memo dated January 9, 2025, Judge Grant reminds municipal courts of the October 27, 2022, Supreme Court Order regarding in-person and virtual court in municipal court proceedings.

Effective October 1, 2024, the Judiciary resumed enforcement of penalties, including suspensions of driving privileges, for individuals with parking ticket violations.

6. AOC Visitations: AOC visitations have been conducted for Bergen’s DV Unit, and the Criminal Dvision for which we await the final report. A Civil Division visitation team will be in Bergen in March.

7. Bergen Vicinage Court User Resource Center: Bergen County Law Library is in process of being converted to a Bergen Vicinage Court User Resource Center with an in-person Ombudsman Office window for court users.

8. Construction: The Courthouse Dome remains under construction.

9. In-person Appearances- If attorneys prefer an in-person appearance for a particular case or court event, please contact the Judge’s chambers in advance.

10. Expungement Clinic: BCBA will host the 3rd Expungement clinic on April 11, 2025. The court truly appreciates the BCBA’s effort, as well as those of other Criminal Division stakeholders, in providing this service to our community.

11. Miscellaneous: New Free-Standing Monitors with Digital Signage to be installed at the entrances of the courthouse. Each Division will have its own page to assist with movement throughout the courthouse.

 

Dear Members,

The Bergen County Bar Association leadership meets with the Bergen County Assignment Judge bi-monthly to discuss issues of mutual interest to the judiciary and our membership. If matters of general importance should be raised at our next meeting, please email the BCBA.

This is a summary of the June 4, 2024, meeting with the Hon. Carol Novey Catuogno, AJSC:

Court-Appointed Assignments – The New Jersey Judiciary has opportunities for court-appointed attorneys to assist in Guardianships and Condemnations. Also, the Court is seeking the assistance of attorneys who are willing to serve as Attorney-Trustees in the case of an attorney’s death, disbarment, or suspension. Many of these appointments are compensated assignments, and anyone interested should contact the Assignment Judge in writing and with a copy of an updated CV.

Judiciary Wi-Fi- The Judiciary is changing the Wi-Fi system and upgrading the connection in the Courthouse. The new system will not require the attorneys to sign in with their attorney IDs to be connected.

Division Information The Family Division will have several upcoming dates specifically designated for settlement/resolution purposes. There will be an FM Blitz and an FD Blitz.

The Criminal Division will have a settlement Blitz on June 18, 2024, and September 10, 2024. A Supervisor from the prosecutor’s office will be available to facilitate plea negotiations.

Civil Division will have “Carrier days” as follows:

6/3 – 6/5            Backlog Carrier Days                  Judge Padovano
6/5                      Travelers Carrier Days                Judge O’Dwyer
6/19                    USAA Carrier Days                      Judge Nasta
6/26                    Geico Carrier Days                      Judge O’Dwyer

If any civil matters are settled, the attorneys should call the team leader and request an appearance to put a settlement through.

Francesca Clarke – New Team Leader (Team 3)

ADM Nick Verducci – Please refer all arbitration matters to Nick.

Remote court dates– Every division must work remotely one time per quarter.

• The Family Division is June 20, 2024;
• The Criminal Division is June 12, 2024, and
• The Civil Division is June 28, 2024

Community Outreach – The Court is in the process of implementing a system to refer individuals with criminal charges and who are on Pre-trial Release monitoring to certain programs. These programs include housing, food stamps, drug and alcohol treatment, job programs, job fairs and education.

In-person Appearances– If attorneys prefer an in-person appearance for a particular case or court event, please contact the Judge’s chambers in advance.

Juneteenth -Juneteenth observation will be observed on June 21, 2024, and the courts will be closed. Motion day will be Thursday, June 20, 2024.

Jury Room – the new jury room is complete and will be in use shortly.

The leadership of the Bergen County Bar Association meets with the Bergen County Assignment Judge on a bimonthly basis to discuss issues of mutual interest to the judiciary and our membership. If there are issues of general importance that should be raised at our next meeting, please email the BCBA.

This is a summary of the most recent meeting with the Honorable Carol Novey Catuogno, A.J.S.C.:

1. Judicial Vacancies- There are currently 13 judicial vacancies in Bergen County, and that number will increase to 14 effective August 1st following the scheduled retirement of the Honorable Margaret M. Foti, P.J.Cr.

2. Courthouse Renovations- As you know, there were significant courthouse renovations over the past several years, which included adding new courtrooms, office space, a new jury assembly area, and attorney conference rooms. Approximately two months ago, the air conditioning unit that serviced a portion of this new space leaked and damaged a significant portion of the construction. Those areas will be repaired, however at this time, many remain closed.

3. Courtrooms and Sheriffs Officer shortage- The Bergen County Sheriff’s Department is managing a shortage of staff in the courthouse, and many courtrooms may not be open for public access promptly at 9:00 am due to this issue. Please be patient with our Sheriff’s Department and know that the courtrooms will be opened as soon as there are a sufficient number of officers to do so safely.

4. Guardianships- Judge Catuogno will retain the portion of the Guardianship calendar previously handled by Judge Mizdol.

5. Civil and Criminal Trials- Despite the judicial vacancies in Bergen County, the Criminal Division is conducting criminal trials regularly, with a focus on incarcerated defendants. Civil trials are proceeding as well at this time, however, some trials (especially those that require multiple trial days) may not proceed as scheduled.