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Category Archives: Bergen County Bar Association

NOTICE: Eighth Omnibus Order on Court Operations and Legal Practice

Author By J.G.Posted on

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

This September 17, 2020 Eighth Omnibus Order continues certain adjustments necessitated during the COVID-19 period, including the prioritization of remote proceedings and permission for electronic signatures, remote or socially distanced depositions, and electronic service on the State of New Jersey. It also reinforces provisions of the Court’s September 17, 2020 Order on the first jury trials, including as to the additional option of conducting voir dire in a fully virtual format with the consent of the attorneys and parties and the approval of the trial judge.

The September 17, 2020 Eighth Omnibus Order includes the following new or updated provisions:

  • Grand Jury. Confirming that all counties are virtually selecting new grand jury panels, and providing that grand juries in all counties will be equipped and ready to convene in a virtual format on or before December 1, 2020;
  • Criminal. Continuing excludable time provisions through October 11, 2020; and
  • Civil. Relaxing Rule 4:64-8(b) during the term of the Federal Housing Administration’s foreclosure and eviction moratorium for borrowers with FHA-insured Single Family mortgages covered under the Coronavirus Aid, Relief, and Economic Security (CARES) Act and HUD Agency Letter 2020-27, so as to provide that a plaintiff will not be required to file a new complaint to reinstate a foreclosure matter that has been dismissed twice for lack of prosecution.

Questions about this notice or the Court’s Eighth 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: September 17, 2020

NOTICE (FULL NOTICE) Eighth Omnibus Order on Court Operations and Legal Practice.pdf

 

NOTICE: COVID-19 – Update on Resumption of Criminal and Civil Jury Trials; Next Steps

Author By J.G.Posted on

The COVID-19 pandemic forced the New Jersey courts to suspend jury trials in mid-March 2020. Since the onset of the public health crisis, the Supreme Court has authorized temporary modifications to jury operations in order to safely resume criminal and civil jury trials as necessary to protect the rights of the people of New Jersey. This notice provides a comprehensive update on the rollout of hybrid jury trials, which will include primarily virtual selections and socially distanced in-person trials, and answers questions posed by attorneys and jurors.

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NOTICE: COVID-19 Protocols for Sidebar Communications and Confidential Attorney-Client Communications During In-Person Court Events

Author By J.G.Posted on

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).

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NOTICE TO THE BAR: DISCLOSURE OF TRAVEL TO IMPACTED STATE

Author By J.G.Posted on

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:

  1. Fever (A Temperature of 100.4 degrees Fahrenheit or greater);
  2. Symptoms (Cough, shortness of breath, difficulty breathing, chills, sore throat, muscle aches and pains, loss of taste or smell, any other unexplained illness);
  3. Close contact with anyone who has exhibited any of these symptoms; or
  4. 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

Conference Memorandum of the BCBA August Bench-Bar Committee Meeting

Author By J.G.Posted on

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.

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NOTICE: Procedure For Obtaining SASPA Protective Order During COVID-19 – Revised Instructions for Submitting Application

Author By J.G.Posted on

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

NOTICE: Update on Court Operations During Phase 2 of the Supreme Court’s Post-Pandemic Plan

Author By J.G.Posted on

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:

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NOTICE: Additional Streamlined Content Following the August 3rd Notice

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Jury Operations During COVID-19 – (1) Supporting State Grand Jury; (2) Expanding Virtual Grand Jury Operations; and (3) Resuming Jury Trials

The Supreme Court has authorized various temporary modifications to jury protocols during the ongoing COVID-19 pandemic. Successful implementation of those interim adjustments is critical to resuming and maintaining comprehensive court services during Phase 2 of the Judiciary’s Post-Pandemic Plan and during the future transition to Phase 3.

(1) State Grand Jury (SGJ) (Maintenance)

As anticipated at the outset of the virtual grand jury pilot program, the Court authorized expansion to State Grand Jury (in addition to the initial county-level programs in Bergen and Mercer). The Judiciary is continuing to work closely with Attorney General staff in the Division of Criminal Justice (DCJ) to prepare the two existing State Grand Jury (SGJ) panels to convene virtually.

Technology has been distributed to the jurors on both panels as
needed. Vicinage IT staff has completed Zoom onboarding so that all jurors (those using their own devices and those using Judiciary-provided technology) are ready to proceed in the virtual format.

(2) Virtual Grand Jury Selection (Expansion)

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NOTICE: COVID-19 Statewide Policy Regarding COVID-19 Exposure Risks in Judiciary Facilities

Author By J.G.Posted on

The New Jersey courts are committed to following public health guidance and supporting the health and safety of attorneys, litigants, members of the public, judges, court staff, and all persons in Judiciary facilities. To that end, the Judiciary has established a statewide policy for handling COVID-19 exposure risks in courthouses and court facilities. This notice is being issued on behalf of the Chief Justice and the Administrative Director. The policy set forth herein applies to the Supreme Court, Appellate Division, Tax Court, and trial divisions of the Superior Court. For Municipal Courts, the municipality has responsibility for enforcing public health protocols regarding COVID-19 cases.

A. The Judiciary has implemented and will continue to enforce policies that minimize risks of potential exposure to COVID-19 in court facilities.

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NOTICE: Family – Domestic Violence Temporary Restraining Orders – Procedure for Taking Applications Remotely

Author By J.G.Posted on

The New Jersey courts are continuing to support comprehensive court services during the COVID-19 pandemic, including for individuals seeking protection from domestic violence. Consistent with the Supreme Court’s July 24, 2020 Seventh Omnibus Order, domestic violence temporary restraining order (TRO) applications will be accepted in person with or without a prior appointment. Effective August 3, 2020, plaintiffs also can contact the Family Division by telephone during normal court hours to apply for the entry of a TRO.

Plaintiffs who contact their local police department after Superior Court hours will continue to be assisted by law enforcement with the filing of their TRO application and be heard by a Municipal Court judge. Additionally, if law enforcement issues a complaint-summons to a domestic violence defendant, or contacts the Municipal Court to request a complaint-warrant, plaintiffs should be afforded the opportunity to apply for a TRO at the same time, with the assistance of law enforcement, even if this occurred when the Superior Court is open. These TRO applications that are submitted with a complaint-warrant or a complaint-summons should be heard by a Municipal Court judge, even during Superior Court hours.

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