Last week’s decision in the Diamond Antitrust case, where an en banc Third Circuit undid a 2-1 panel decision in which a district judge, sitting by designation, was one of the members of the majority, raises the question of what authority there is ...
The Sunday Review section of today’s New York Times features a “Sunday Dialogue” entitled “Putting the Justices on TV.” In response to a Times article about whether oral arguments at the United States Supreme Court should televised, Professor Nancy Marder ...
State v. Yough, 208 N.J. 385 (2011). The main focus of this opinion by Justice Albin was whether the Law Division abused its discretion in declining to grant a mistrial when a key witness gave different testimony than expected. By a 5-0 ...
The Supreme Court’s grant last Thursday of direct certification of the judges’ pension case, DePascale v. New Jersey, has generated some controversy. Governor Christie, for example, criticized the Court for preempting Appellate Division review. Direct certification is not a usual procedure. It is authorized ...
Today, the Supreme Court issued an order granting direct certification in DePascale v. New Jersey. The question presented, as summarized by the Supreme Court Clerk’s Office, is “as applied to certain justices and judges, does the Pension and Health Care Benefits Act, P.L. 2011, ...
Often overlooked is the fact that the Supreme Court of New Jersey is more than just the court of last resort for state court appeals. Under Article VI, section 2, paragraph 3 of the New Jersey Constitution, the Court has ...
The Director of the Administrative Office of the United States Courts has issued his Annual Report, entitled “Judicial Business of the United States Courts.” The report, available here, is over 400 pages long and includes information about the courts of appeal, ...
The New Jersey Judiciary has released its 2010-11 court year report. During the past year, according to that report, the Supreme Court of New Jersey received 1,184 petitions for certification. It is not clear whether that figure also includes notices ...
On September 1, Justice Patterson assumed the Supreme Court seat being vacated by Justice Rivera-Soto. Today, she was publicly sworn in, at a ceremony at Trenton’s War Memorial to which I was fortunate enough to be invited. Chief Justice Rabner, ...
Chief Justice Rabner today elevated Judge John C. Kennedy to the Appellate Division, effective on September 1. Judge Kennedy currently sits in the Civil Division, Essex County. He had served in the Criminal Division since being appointed to the bench ...