An Attorney Who Can’t Handle an Assigned Matter Effectively Must Either Retain Substitute Counsel or So Advise the Court

In re Adoption of a Child by C.J., 463 N.J. Super. 254 (App. Div. 2020). This opinion, issued today,must have been a very distasteful opinion for Judge Koblitz to write. As will be seen, the bottom line is “to be ...

An Employment Law Anniversary: The “Lower Sights” Doctrine

Today is the 50th anniversary of Earth Day. It’s also Administrative Professionals Day, an opportunity for attorneys to recognize how essential our non-attorney staff is to our legal practice. Today is also the anniversary of Goodman v. London Metals Exchange, ...

Back in Action

The appellate courts have not been idle since the most recent post on this blog. Opinions have been issued, the Supreme Court has taken up more cases for review, and the Appellate Division has entered an Order about scheduling in ...

“Spring break”

With Passover beginning tonight, there won’t be any posts on this blog until April 17 at the earliest. In calendar order, happy Passover, and happy Easter, to those who are celebrating. And, to everyone, stay healthy and safe. ...

2020 Law Graduates May Practice Immediately, as July Bar Exam is Cancelled, But Graduates Still Must be Certified by the Committee on Character in Order to Practice

As announced by Chief Justice Rabner here, the July Bar examination has been cancelled due to the COVID-19 situation. But that situation, the Supreme Court has concluded, after consulting with the Deans of New Jersey’s law schools and “leaders of ...

“In the Good Old Summertime”- Appellate Division Summer Parts

Chief Justice Rabner has announced the lineup of Appellate Division Parts for the coming summer. The schedule consists of six 14-day “Sessions,” beginning on June 15 and ending on September 6. Each Session has two-judge Parts, one of whom is ...

In Vehicular Homicide Case, Decedent’s Conduct, Which Cannot be Raised as a Defense, Must be Considered as a Mitigating Factor in Sentencing

State v. Pascucci, 463 N.J. Super. 203 (App. Div. 2020). The strict liability vehicular homicide statute, N.J.S.A. 2C:11-5.3d, provides that “[i]t shall not be a defense to a prosecution under this section that the decedent contributed to his own death ...

Where Jail Inmates Had Been Told That Their Telephone Calls Would be Monitored and Recorded, They Had No Reasonable Expectation of Privacy in Those Calls

State v. Jackson, 241 N.J. 547 (2020). In a per curiam opinion, the Supreme Court today affirmed the ruling of the Appellate Division in this case (actually, two consolidated cases), reported at 460 N.J. Super. 258 (App. Div. 2019). The ...

An Expungement Case and a “Conditional Res Ipsa Loquitur” Case for the Supreme Court

The Supreme Court announced that it has granted certification in two more cases. One arises out of a finding of child abuse and neglect. The other involves a request for expungement of criminal convictions following a gubernatorial pardon. The former ...

Forfeiture of Entire Public Pension Due to Guilty Plea of Accepting $300 Bribe is Not an Unconstitutional “Excessive Fine”

State v. Anderson, 463 N.J. Super. 168 (App. Div. 2020). Defendant, formerly employed by the Jersey City Tax Assessor’s office, pled guilty to a federal criminal charge of interference with commerce by extortion under color of official right for accepting ...