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Category Archives: Bergen County Bar Association

RESUMPTION OF IN-PERSON JURY TRIALS ON OR AFTER JUNE 15, 2021 – PRIORITIZATION OF CRIMINAL TRIALS THAT INVOLVE DETAINED DEFENDANTS

Author By J.G.Posted on

The Supreme Court has authorized the resumption of in-person criminal jury trials, and some in-person civil jury trials, effective on or after June 15, 2021. Criminal jury trials will be conducted in person and will be the priority, with cases that involve detained defendants continuing to receive the highest priority. Most civil jury trials at present will continue to be conducted in a virtual format. The Court’s May 11, 2021 Order is attached.

The Court’s authorization to resume in-person jury trials is based on improved COVID-19 trends throughout New Jersey. In-person jury trials will be conducted with necessary health precautions, including social distancing and the requirement that participants wear face masks except in limited circumstances when other health protections are in place. As announced in this May 6, 2021 notice, up to 50% of judges and state court employees will be present in state court locations as of June 15, 2021. Those on-site judges and state court employees will support upcoming in-person jury trials and other court events.

The Court in a separate May 11, 2021 Order also has authorized the resumption of in-person grand jury sessions, which must be conducted with necessary health precautions.

Questions about 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: May 11, 2021

Notice and Order – Resumption of Certain In-Person Jury Trials Effective June 15, 2021; Prioritization of Criminal Jury Trials – 05-11-21 – corrected.pdf

Directive 11-21: Guardianships of Incapacitated Adults – Background Screening Policy for Proposed Guardians; New and Revised Court Forms

Author By J.G.Posted on

The Supreme Court has approved a Background Screening Policy for Proposed Guardians of Incapacitated Adults (the “policy”). This directive promulgates that new policy and related new and revised court forms. It also provides guidance for use of the new policy, which will apply to guardians in matters filed on or after May 15, 2021.

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Memo to Vicinages: Guardianship Background Screening Policy Implementation Pursuant to Directive 11-21

Author By J.G.Posted on

The Supreme Court has approved a background screening policy for certain proposed guardians of incapacitated adults. The Court also has amended Rule 4:86 (“Action for Guardianship of an Incapacitated Person or for the Appointment of a Conservator”) so as to implement the policy. As approved by the Judicial Council, a new Certification of Criminal and Civil Judgment History has been promulgated, along with revised versions of a number of other court forms.

Proposed guardians in matters filed on or after May 15, 2021 will be subject to this new background screening policy. Directive #11-21 (“Guardianships of Incapacitated Adults – Background Screening Policy for Proposed Guardians; New and Revised Court Forms”) promulgates the new policy as well as the new and revised forms. This memo outlines the steps necessary for implementation of the policy.

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NOTICE: COVID-19 Extension of Post-Indictment Excludable Time; Delay In Resumption of In-Person Jury Trials

Author By J.G.Posted on

The Supreme Court has extended the end-date for post-indictment excludable time for the additional period from May 18, 2021 through June 15, 2021. The Court’s April 9, 2021 Order is attached.

As set forth in the Court’s April 9, 2021 Order, current COVID-19 trends indicate that it is too soon to expand on-site presence and in-person events, including for purposes of in-person jury trials. Public health indicators – including the millions of COVID-19 vaccines administered statewide – instead suggest that the Judiciary should be positioned to resume in-person jury trials on or after June 15, 2021.

Jurors who have been summoned to report for service before June 15, 2021 will be assigned to panels for virtual civil jury trials. All counties will continue to summon jurors for upcoming reporting dates. Judges will adjust trial dates for in-person trials as necessary.

Questions about this notice or the Court’s April 9, 2021 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: April, 9, 2021

NOTICE COVID-19 Extension of Post-Indictment Excludable Time; Delay in Resumption of In-Person Jury Trials.pdf

NOTICE: Expansion of Two-Factor Authentication Requirement to All Judiciary Applications Used By Attorneys; CLE Training Available

Author By J.G.Posted on

Attorneys were previously advised of the added security requirement to use two-factor authentication when accessing the online 2021 Attorney Registration application (Notice dated November 30, 2020). This notice is to advise that effective May 1, 2021, the two-factor authentication requirement will be extended to all Judiciary applications used by attorneys.

As indicated in that earlier notice, two-factor authentication uses the email address or cell phone number previously provided by attorneys and verified/updated as part of the 2021 Attorney Registration process.

To assist attorneys through this expansion of the two-factor authentication beyond the Attorney Registration application, the Superior Court Clerk’s Office is making available at no cost training on the use of the two-factor authentication process. This training will include the legal and ethical requirements related to Judiciary information security. Additionally, Judiciary staff will provide useful techniques to troubleshoot problems and provide answers to frequently asked questions related to two-factor authentication.

The sessions will be conducted using Microsoft Teams. Attorneys must register in advance. The scheduled training sessions are as follows:

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NOTICE: Eleventh COVID-19 Omnibus Order on Courthouse Operations and Legal Practice

Author By J.G.Posted on

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

This March 23, 2021 Eleventh Omnibus Order extends pre-indictment excludable time for certain detained defendants and notes that further extensions are not anticipated. It also extends post-indictment excludable time through May 17, 2021. The Court’s March 23, 2021 Eleventh Omnibus Order authorizes Assignment Judges and County Prosecutors to explore and plan for in-person grand jury sessions at a future date, either in court locations or non-court spaces, consistent with the provisions of the Court’s October 8, 2020 Ninth Omnibus Order.

The March 23, 2021 Eleventh Omnibus Order continues other provisions of earlier Orders.

Questions about this notice or the Court’s Eleventh 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: March 23, 2021

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

NOTICE: Guardianships of Incapacitated Adults – Exemption from Madden Requirements for Attorneys Who Provide Pro Bono Services In Adult Guardianships Matters; Relaxation of Rule 1:21-12

Author By J.G.Posted on

The Supreme Court will allow New Jersey attorneys who provide at least 25 hours of services in adult guardianship matters to claim an exemption from the Madden v. Delran, 126 N.J. 591 (1992) pro bono requirement for the subsequent year. The Madden exemption is available to attorneys who are appointed by the court to serve as (i) attorney for an alleged incapacitated person; (ii) Guardian Ad Litem in a guardianship matter; (iii) temporary pendente lite guardian; (iv) permanent guardian of an adjudicated incapacitated person; or (v) special medical guardian. The Court’s March 1, 2021 Order is attached.

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NOTICE: COVID-19 – Summoning of Jurors for Possible In-Person Jury Trials On or After May 17, 2021

Author By J.G.Posted on

The Supreme Court has authorized the summoning of new jury pools for possible in-person reporting for socially distanced jury trials. The modified summons documents will inform prospective jurors (1) that the jury selection process will begin in a virtual format; and (2) that their service may continue virtually or may involve reporting in person to a courthouse with safety precautions. The new “virtual or in-person” summons option will apply to jury pools scheduled to report on or after May 17, 2021.

The Judiciary is continuing to closely monitor relevant COVID-19 trends, including those in the COVID-19 Activity Level Index (CALI) weekly reports posted by the New Jersey Department of Health. The New York Times reports that as of March 1, 2021, the statewide 14-day average showed a 12% decrease in deaths and a 24% decrease in hospitalizations. Over that same period, new daily cases ticked up by 3%. NJ DOH is continuing to report more than 2500 new COVID-19 cases per day. Even that significant figure, however, is less than one-half of the number of new cases reported at the start of 2021.

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NOTICE: COVID-19 – Healthy and Safety Precautions in State Court Facilities and Availability of Courthouse Technology Rooms to Facilitate Remote Participation in Court Events

Author By J.G.Posted on

The New Jersey courts are continuing to support public health and safety during the ongoing COVID-19 pandemic. The attached overview summarizes current health precautions in state court facilities, including the requirements that court users wear face masks and maintain social distancing (subject to narrow exceptions).

The attached summary reminds attorneys and others that the majority of court events still are being conducted remotely. For state court matters, all court users can request use of courthouse technology rooms, which are spaces in state court facilities with technology that can be used to participate in virtual court sessions.

Questions about 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: February 23, 2021

NOTICE Health and Safety Precautions in State Courts Facilities and Availability of Courthouse Technology Rooms to Facilitate Remote Participation in Court Events.pdf

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