NOTICE TO THE BAR

Clarification of April 28, 2020 Notice to the Bar Regarding Electronic Discovery

This will serve as a clarification of the April 28, 2020 Notice to the Bar regarding electronic discovery.  All discovery, both electronic and paper discovery, must be dropped off at the jail.  Discovery cannot be emailed to the jail.  Laptops will be provided to inmates to view electronic discovery in the order of priority as outlined in the April 28, 2020 Notice to the Bar.  With this one clarification, the April 28, 2020 Notice to the Bar is in full force and effect.

Attorney Video Visitation

During the COVID-19 shutdown, effective Monday, May 4, 2020 the Bergen County Jail will temporarily implement video visitation for attorneys to visit their clients.  While the jail does offer attorneys the opportunity to meet with their clients in person through a window, we recognize that during the pandemic many are uncomfortable and unwilling to do so.

Please be mindful that the jail’s resources for this endeavor are limited, and this procedure requires dedicating staff to supervise the inmate/detainee.  At the present time, jail personnel are only able to accommodate one video conference at a time.  In order to accommodate as many attorneys as possible, conferences will be scheduled in thirty (30) minute blocks of time.

Attorneys will make a request for dates and times beginning Monday, May 4, 2020 for a video conference through the Bergen County Jail Law Library by emailing Ms. Keisha McLean (kmclean@bcsd.us).  The request should include the attorney’s preference for time slots, between 9:00 a.m. and 7:00 p.m., seven (7) days a week.

An email will be sent to the attorney approving a time slot.  When the request is approved, the attorney will set up the meeting in ZOOM.  The attorney will then forward a meeting invitation with the link to legalvisit@bcsd.us.  The ZOOM technology allows for confidential, secure, unrecorded meetings.  It is up to the meeting moderator, in this case the attorney, to implement the technology in the correct manner, implementing the security and privacy options that ZOOM offers in the way that best meets the needs of the attorney and client.

The procedure for telephone conferences remains in place.  We hope this allows sufficient opportunity for attorneys to have productive meetings with their clients.

 

RE: Principles and Protocols for Virtual Court Operations During the COVID-19 Coronavirus Pandemic – (1) Methods of Conducting Remote Court Events; (2) Access to the Public Record; and (3) Posting of Events Guidance 

By Order dated April 20, 2020, the Supreme Court reinforced our commitment to continuing the operations of the courts during the COVID-19 Coronavirus pandemic. This directive implements the Court’s Order and establishes guiding principles for when and how remote court events will be conducted, including which events will by default be livestreamed and which will require individualized permission for real-time participation or viewing. Consistent with our policy of transparency and public access, we will continue to provide access to video recordings, audio recordings, and written transcripts upon request.

Guiding Principles for Sustaining Court Functions During the COVID-19 Crisis

The protocols outlined in this directive, including the recommendations for each division of the Superior Court (Civil, Criminal, Family, General Equity, Probate, Special Civil, Municipal) reflect our ongoing efforts to balance the rights and responsibilities involved in continuing court operations in a virtual rather than in-person format. These principles are as follows: Read More

This directive promulgates the attached Supreme Court Guidelines on Media Access and Electronic Devices in the Courts (“Guidelines”), as approved by the Supreme Court to be effective immediately. The Guidelines supersede the Supreme Court Guidelines on Electronic Devices in the Courtroom promulgated by Directive #08-14 ( effective February 2, 2015, as supplemented on January 28, 2015).

The updated Guidelines are founded on the premise that any attempt to define media access in and around courthouses – and to regulate access to and use of electronic devices by court users – must bridge the gap between media access concerns and court security considerations.

Please follow the link below and read the one of the recent directive from the Supreme Court of New Jersey in regards to the recent guidelines on media access and electronic devices in the courts.

Directive #11-20 – Supreme Court Guidelines on Media Access and Electronic Devices in the Courts.pdf

 

NOTICE TO THE BAR

Last Thursday, April 16th, 2020, I participated in a Zoom Bench-Bar Meeting with your President, Joseph Maurice, Executive Director, Frank O’Marra, and the Chairs of your Civil, Family, Chancery, Criminal and Municipal Practice Committees.

My goal was to provide information about the new way we are doing the court’s business during the COVID-19 pandemic. During the meeting, I listened intently to the concerns of the Bergen Bar and am hopeful that I allayed some fears.   I wanted to reinforce that most court proceedings continue to be conducted remotely using video and/or phone options.

Just this morning, our Chief Justice issued a new Omnibus Order restating the judiciary’s commitment “to supporting court operations in a virtual format to the greatest extent possible, subject to constitutional considerations and the limitations of our finite resources.”  The Order speaks for itself, but provides that no civil or criminal jury trials will be conducted until further notice, that grand juries are suspended through May 31, 2020, as are Landlord/Tenant calendars and lockouts. Read More

NOTICE TO THE BAR

COVID-19 – SECOND OMNIBUS ORDER ON COURT OPERATIONS AND LEGAL PRACTICE – MORE OPERATIONS TO BE CONDUCTED REMOTELY; LIMITED DISCOVERY EXTENSIONS AND TOLLING PERIODS

The New Jersey Courts are committed to continuing court operations during and after the COVID-19 public health emergency. To that end, the Supreme Court announced the next phase of remote court operations and legal practice.

Please follow the link below and read the Second Omnibus Order from the Supreme Court of New Jersey relating to the status of continuing court operations and legal practice during the COVID-19 public health emergency.

Notice and Order – COVID-19 – Second Omnibus Order on Court Operations and Legal Practice – As Signed – 04-24-20.pdf

The March 31, 2020 Notice to the Bar advised that Matrimonial Early Settlement Panel (MESP) events would resume using video or telephone technology, rather than in-person sessions, beginning the week of April 27, 2020. That notice included a number of steps to be taken to ensure the scheduling and conducting of these remote MESP sessions. Those steps have since been revised. Accordingly, the following steps replace the steps set forth in the March 31 notice: Read More

Please follow the link below and read the attached notice below from the Supreme Court of New Jersey in regards to guidelines on remote proceedings in the Trial Courts, obtaining audio and video records, and the extent of the court’s authority to suspend the commencement of certain custodial terms.

4-20-2020 New Jersey Supreme Court Notice.pdf

NOTICE TO THE BAR

     In its March 27, 2020 Omnibus Order, the Supreme Court continued the postponement of all Civil Arbitration sessions through April 26, 2020. Beginning April 27, 2020, all counties will begin scheduling arbitrations, which will be conducted remotely. This notices provides guidance on how to conduct remote arbitration events either by video or by telephone.

The following steps should be taken to ensure that arbitration sessions are scheduled and conducted remotely, using technology as agreed upon by the participants and the arbitrator(s). Vicinages are encouraged to follow these procedures, but may deviate with the approval of the Assignment Judge or designee. Read More

NOTICE TO THE BAR

The Supreme Court Omnibus Order on COVID-19 issues, entered March 27, 2020, in response to the growing health crisis worldwide involving the COVID-19 coronavirus, affirmed, continued, or supplemented provisions established in a series of prior orders, including the Court’s prior March 17, 2020 Order, which were necessitated as part of the Judiciary’s response to the COVID-19 pandemic. The Omnibus Order extended a number of deadlines and tolled time periods. This notice provides guidance as to the effect of the Omnibus Order on specific Appellate Division practices and procedures. Read More