Now Daubert, Now What?

Category: On Demand

Member Price: $140

Non-Member Price: $175

Product Code: ON157725

Areas of Law: Civil, Criminal Law

CLE Credits
NJ CLE:NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2 hours of total CLE credit (Full Credits Available: NJ General: 2.0).
NY CLE (t&nt):NY Professional Practice Non-Transitional: 2.0
PA CLE:PA Substantive Credit: 1.5
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program.
Faculty

Keynote

Moderator

Hon. Jack M. Sabatino, P.J.A.D.
Superior Court Appellate Division
temporarily assigned to the New Jersey Supreme Court, has been Deputy Presiding Judge for Administration, Appellate Division, and sat in Trenton, New Jersey. Prior to that he was a trial judge in Mercer County, where he presided over more than 100 civil jury trial and also sat in the Family Part. Prior to his appointment to the bench he was Associate Dean at Rutgers Law School in Camden, New Jersey, where he taught courses on evidence, civil procedure, alternative dispute resolution, professional responsibility, products liability and the New Jersey State Constitution.
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nA member of the American Law Institute and a Fellow of the American Bar Foundation, Judge Sabatino has been Chair of the New Jersey Supreme Court Committee on Civil Practice and has served on numerous law-related committees, including the New Jersey Supreme Court’s Committees on Evidence and Judicial Education. A former New Jersey State Attorney General, he also served on the United States District Court’s Advisory Committee on the Implementation of the Civil Justice Reform Act of 1990.
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nJudge Sabatino has lectured to judges and practitioners on topics including legal ethics, evidence and state constitutional law for ICLE, the Federal Judicial Center, the New Jersey Judicial College and other professional audiences. The author of a number of articles and more than two dozen judicial opinions, he was a member of the Editorial Board of the New Jersey Law Journal and has served Rutgers School of Law-Camden as an Adjunct Professor. He has also been a guest faculty member for the Winter Trial Advocacy Workshop at Harvard Law School.
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nJudge Sabatino received his B.A., summa cum laude, from Yale College, where he was elected to Phi Beta Kappa, and his J.D., cum laude, from Harvard Law School. He served as a judicial law clerk to the Honorable H. Curtis Meanor, United States District Court for the District of New Jersey, and thereafter as the first Law Clerk to the Honorable Marie L. Garibaldi, Associate Justice, Supreme Court of New Jersey.
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Presenters

Hon. Stephen J. Taylor, P.J.Cr.
Superior Court of New Jersey
Jules Epstein
Edward D. Ohlbaum Professor of Law and Director of Advocacy Programs
Temple University Beasley School of Law
John P. Flynn, Esq.
Assistant Deputy Public Defender
Office of the Public Defender - Appellate Section, Newark
Sarah C. Hunt, Esq.
Special Assistant To the Director
Office of Attorney General - Div. of Criminal Justice, Trenton
Tamar Lerer, Esq.
Office of the Public Defender, Newark
Joseph Paravecchia, Esq.
First Assistant Prosecutor
Hunterdon County Prosecutor's Office, Flemington

In State v. Olenowski, the state Supreme Court adopted a version of the Daubert framework to evaluate the admissibility of expert testimony in criminal cases under N.J.R.E. 702. Why is this change in the law, which parallels the Court’s previous adoption of Daubert factors in civil cases, important? How might it affect admissibility challenges to experts for either the prosecution or defense?

In this presentation, a leading evidence law scholar, judges and practitioners from the state and the Office of the Public Defender will discuss the traditional use of forensic science in criminal and quasi-criminal cases in federal and state courts, spotlight key facets of the Olenowski opinions and consider what the future might bring under the Daubert.