Bergen County Bar Association Archives - Page 10 of 16

NOTICE: Special Civil Part – Landlord/Tenant Matters During COVID-19

By J.G.July 29, 2020

***Disclaimer – The Full Order and All Attachments are attached in the link below for your review.***

As a result of the COVID-19 pandemic, many efforts have been and continue to be made to assist landlords and tenants affected by the public health crisis and remove barriers to justice. The Judiciary is implementing a multifaceted plan for improving the handling of Landlord/Tenant (LT) cases from the outset, including by providing litigants with information and resources. Our primary goal is to assist litigants in resolving their matters, not dispose of cases through trial or default. No party will be pressured into settling their case.

The Judiciary has engaged with tenant advocates as well as landlord representatives to create the attached informational materials that will be distributed to all parties in LT cases. In addition, every vicinage, in coordination with their Diversity, Inclusion and Community Engagement Committees and Ombudsmen, is organizing virtual LT outreach events to provide litigants and others with up to date information on current court operations. Those outreach events, conducted in partnership with key stakeholders, will highlight local community resources that provide legal, financial, and other forms of assistance relating to rental housing and mortgage payments.

This Directive sets forth the requirements of newly implemented LT case management steps, procedures, and forms for (1) service of complaints and conferences; (2) CARES Act certification of compliance; and (3) Order to Show Cause process for LT trials in limited circumstances.

NOTICE: Seventh Omnibus Order on Court Operations and Legal Practice – Concluding Certain General Extensions; Continuing Individualized Adjustments

By J.G.July 28, 2020

The Supreme Court has issued its Seventh Omnibus Order on Court Operations and Legal Practice during the ongoing COVID-19 pandemic. A copy of the Order is attached.

This July 24, 2020 Seventh Omnibus Order continues certain adjustments necessitated during the COVID-19 period, including the prioritization of remote proceedings and permission for electronic signatures, remote depositions, and electronic service on the State of New Jersey. It also concludes certain blanket suspensions and extensions (including as to discovery involving experts, affidavits of merit, relaxation of Rule 4:86 regarding guardianships of incapacitated persons, and depositions and appearances by medical professionals) while permitting extensions based on the facts and circumstances of an individual case.

The July 24, 2020 Seventh Omnibus Order includes the following key provisions:

Jury Trials. Authorizing new jury selections and new jury trials starting on or after September 21, 2020, with selections to be conducted in a primarily virtual format and trials to be conducted in person with social distancing, consistent with the Court’s July 22, 2020 Order;
Grand Jury. Providing for the virtual selection of new grand jury panels on or after September 21, 2020;
Criminal. Continuing excludable time provisions through September 20, 2020;
Special Civil Part. Clarifying that Special Civil Part (DC) and Small Claims (SC) proceedings including trials can be conducted remotely with or without consent;
Family – Quasi-Criminal. Providing that Family quasi-criminal (FO) trials shall proceed remotely only with the consent of the parties, and in the absence of consent such matters will proceed in person;
Family – Domestic Violence. Amending Phase 2 of the Judiciary’s Post Pandemic Plan to allow applicants seeking a domestic violence restraining order to appear at court without an appointment; and
Municipal Courts. Confirming that Municipal Court sessions will be conducted primarily using remote technologies, although in limited circumstances in-person sessions may be conducted, including for complex matters such as DWI trials and certain cases involving a consequence of magnitude.

Questions about this notice or the Court’s Seventh Omnibus Order may be directed to the Office of the Administrative at the Courts at (609) 376-3000.

/s/ Hon. Glenn A. Grant, J.A.D.

Acting Administrative Director of the Courts

Dated: July 24, 2020

NOTICE Seventh Omnibus Order on Court Operations and Legal Practice – Concluding Certain General Extensions; Continuing Individualized Adjustments.pdf

NOTICE: Criminal and Civil Jury Trials to Resume Incrementally Using a Hybrid Process With Virtual (Video) Jury Selection and Socially Distanced In-Person Trials

By J.G.July 23, 2020

The Full Order and Notice is attached below for your convenience.

The Supreme Court has authorized the incremental resumption of new Civil and Criminal jury trials, which have been suspended for more than four months because of the ongoing COVID-19 pandemic. Attached to this notice are the Court’s July 22, 2020 Order and the Report on Resuming Jury Trials.

Atlantic/Cape May, Bergen, and Cumberland/Gloucester/Salem will be the first Vicinages to resume certain jury trials, beginning with Criminal trials involving a single detained defendant. Over the coming months, trials will gradually resume in all counties and will expand to include Civil as well as Criminal cases.

Overview

NOTICE: COVID-19 Protocols for Special Civil Part Officers

By J.G.July 13, 2020

The New Jersey courts are continuing to establish interim protocols for court operations during the COVID-19 pandemic, including by prescribing health and safety precautions to minimize risks during necessary in-person interactions. Special Civil Part Officer responsibilities include various in-person functions, including serving summonses and complaints in landlord/tenant actions; serving and executing warrants for removal; and serving goods and chattel writ executions, wage executions, and other process. This Supplement to Directive #01-15 (“Special Civil Part Officers”) provides standards for conducting those important duties during COVID-19.

Special Civil Part Officers routinely enter Judiciary facilities, which are subject to occupancy and conduct requirements established by the Supreme Court. In performing their duties, however, Special Civil Part Officers spend most of their time in other locations, including residential and commercial locations that currently are subject to restrictions on social interactions established by various Executive Orders. Read More

NOTICE: Relaxation to Rule 1:40-12(b) – Virtual (Video) Training For Complementary Dispute Resolution – Temporary Relaxation of Rule 1:40-12(b) (“Mediator Training Requirements”)

By J.G.July 13, 2020

The Supreme Court by Order dated June 30, 2020 has relaxed Rule 1 :40-12(b) (“Mediator Training Requirements”) to temporarily allow mediator training to be conducted virtually (by video) rather than only in an in-person classroom format. The Court’s June 30, 2020 Order is attached.

Rule 1 :40-12(b) establishes mediator training requirements, including the 18-hour basic mediation training and an additional 22 hours (for a total of 40 hours) for mediators on the family roster and the civil, general equity, and probate roster. The rule requires “classroom” courses for the basic and specialized mediation and complementary dispute resolution (CDR) trainings, which courses historically have been conducted in person.

In-person trainings have been suspended during the COVID-19 crisis based on public health requirements. Over the past several months, the Judiciary has converted classroom-based curricula to support virtual mediation and CDR courses, including by using virtual breakout rooms to enable small groups to engage in interactive exercises and role plays. The Court’s June 30, 2020 Order will enable mediator trainings to resume in a virtual format during the COVID-19 crisis while social distancing requirements restrict in-person gatherings.

Questions on this notice should be directed to Kathleen Gaskill, Manager of CDR and Volunteer Programs, at [email protected].

/s/ Hon. Glenn A. Grant, J.A.D.

Acting Administrative Director of the Courts

Dated: July 7, 2020

NOTICE: Mediator Training to be Conducted Virtually.pdf

NOTICE: Sixth Omnibus Order on Court Operations and Legal Practice

By J.G.July 13, 2020

The Supreme Court has issued its Sixth Omnibus Order on Court Operations and Legal Practice during the ongoing COVID-19 pandemic.

This July 9, 2020 Sixth Omnibus Order (copy attached to this notice) continues certain extensions and suspensions of proceedings (including but not limited to new jury trials; in-person grand jury selections and sessions; and landlord/tenant trials) and affirms that all other provisions of the June 25, 2020 Fifth Omnibus Order remain in full force and effect.

Questions about the Court’s Sixth Omnibus Order or this notice may be directed to the Office of the Administrative Director of the Courts at (609) 376-3000.

/s/ Hon. Glenn A. Grant, J.A.D.

Acting Administrative Director of the Courts

Dated: July 10, 2020

Tax Bar Bulletin July 2020: Volume 36, No. 7

By J.G.July 2, 2020

Current Items:

Part Two–Can Lawyers Learn to Retire?
The Fourth is upon us and it is a time to celebrate independence. How fitting is the next and last instalment of this my retirement article. BTW I did receive a number of congratulations on my own voyage to the other side of work and I thank those thoughtful souls for their good wishes. I do note that a few of them are tax lawyers themselves glad to see that I am out of the running for new cases leaving them somewhat of a professional windfall. To them I say good luck.

Can Lawyers Learn to Retire? Part Two Ted David, Esq

“You Gotta Know When to Hold Them… Know When to Fold Them”

– Kenny Rodgers..The Gambler

Opening Remarks From BCBA President Joseph A. Maurice at the Bergen County Bar Association on June 18, 2020

By J.G.June 29, 2020

Opening Remarks Present BCBA Joseph A. Maurice on June 18, 2020 at the Bergen County Bar Association Virtual Town Hall Meeting

“Hello and good evening. Welcome everyone to the Bergen County Bar Association’s Town Hall. Your Association is happy to present this event to our members free of charge. I do encourage each of you to donate to the Bergen Benefactors at Bergenbar.org. Your donation will help maintain Association activities during this COVID crisis despite the lack of fundraising events that you have supported over the years. For those that have donated, thank you very much for your generosity and continued support.

Let us now observe a moment for silent prayer or reflection to be mindful of the events that have given rise to an outcry for social justice across our great nation. Our black community is hurting, we are hurting, our country is hurting. We must be one voice in declaring that black lives do matter. Anything less is not justice for all. I am confident, that as a profession that has sworn an oath to uphold our constitution and the rule of law, that we share a unified resolve to be better, do better and expect better from those around us. It is our issue and this Association will continue to address it.

We have many esteemed panelists this evening and we appreciate their attendance so I’d like to get started but first I want to share with you a few words on the state of your bar association. Read More

NOTICE: Virtual Grand Jury Pilot Program – Expansion to State Grand Jury

By J.G.June 29, 2020June 29, 2020

The Supreme Court by Orders dated May 14, 2020 and June 4, 2020 authorized a pilot program for virtual grand jury sessions, starting in Bergen and Mercer Counties. By Order dated June 9, 2020, the Court expanded that pilot program to also permit selection (empanelment) of grand juries in a virtual format.

In both pilot counties, matters have been presented and indictments returned. Based on the results in the two pilot counties, the Division of Criminal Justice in the Department of Law and Public Safety expressed interest in conducting State Grand Jury proceedings in a virtual format. Accordingly, the Court has authorized the expansion of the virtual grand jury pilot program to enable existing State Grand Jury panels to reconvene in a virtual format.

Technology funded by the Attorney General and configured and administered by the Judiciary will be supplied to State grand jurors where necessary to enable participation in the virtual grand jury proceeding.

The Court’s June 25, 2020 Order is attached.

/s/ Hon. Glenn A. Grant, J.A.D.

Acting Administrative Director of the Courts

Dated: June 25, 2020

NOTICE Virtual Grand Jury Pilot Program – Expansion to State Grand Jury.pdf

NOTICE: Fifth Omnibus Order on Court Operations and Legal Practice

By J.G.June 29, 2020June 29, 2020

The Supreme Court has issued its Fifth Omnibus Order on Court Operations and Legal Practice during the ongoing COVID-19 pandemic. A copy of the Order is attached.

This June 25, 2020 Fifth Omnibus Order follows the format of the earlier Omnibus Orders. It continues certain suspensions and extensions through July 12, 2020 and affirms that other provisions remain in full force and effect.

The Fifth Omnibus Order concludes the restrictions on the Office of Foreclosure as established in earlier Omnibus Orders, meaning that in addition to non-dispositive motions (e.g., motions to substitute plaintiff, motions to enter default, motions for surplus funds and motions to correct defendant), the Office of Foreclosure now may recommend judgments or dispositive motions received on or after March 1, 2020.

As the COVID-19 pandemic continues and based on developments in the coming weeks, the Court will revisit the provisions of the Fifth Omnibus Order and make adjustments as appropriate.

Questions about this notice or the Court’s Fifth Omnibus Order may be directed to the Office of the Administrative Director of the Courts at (609) 376-3000.

/s/ Hon. Glenn A. Grant, J.A.D.

Acting Administrative Director of the Courts

Dated: June 25, 2020

NOTICE Fifth Omnibus Order on Court Operations and Legal Practice.pdf