Position Statements

Learn more about the positions the NJSBA has taken on pending legislation.

JANUARY 2024

The NJ State Bar Association Supports A-977/S-3043,
Which Expands Jury Venires

The NJSBA supports A-977/S-3043, which eliminates barriers to qualify for jury service. This is one of a number of recommendations made by the Association to address implicit and explicit bias in the jury selection process. Removing the lifetime bar from jury service of those who have past convictions of an indictable offense is necessary to eliminate the systematic exclusion of disproportionate numbers of persons of color from jury service. The Association cites to the recommendations of the Supreme Court’s Committee of the Judicial Conference on Jury Selection, which compelled reconsideration of this lifetime bar subject to potential challenge for cause or peremptory challenge.

This is a step in the right direction towards eliminating implicit and explicit bias in the jury selection process. The Association urges you to vote yes to A-977/S-3403.

The NJ State Bar Association Opposes A1739,
Which Would Permit Licensing for For-Profit Debt Adjusters to Conduct Business That Is Already Provided By Nonprofits In This State

The NJ State Bar Association urges you to vote against this bill, which would permit for-profit debt adjusters to operate in New Jersey. Currently, consumers – often the most vulnerable due to piling debt – can avail themselves of credit counseling through a nonprofit and pursue the same remedies offered by for profit debt adjusters on their own. By utilizing debt adjustment services, consumers pay a fee for those adjusters to pursue credit card companies to reduce debt and charge fees commensurate to the debt that is paid off. However, if the debtor is unable to continue to pay to resolve all of the debts, that debtor is left with additional interest rates and fees on the balance of the debt and bad credit sometimes years after attempts to resolve the debt because the debt was not addressed holistically. Additionally, debt adjusters are not attorneys and therefore are unable to provide legal advice to these debtors as to when bankruptcy may be a better option than pursuing a reduction in debt (such as the ability to avoid taxation on debt that is written off, for example).

This bill also places stricter regulations on nonprofits over for profit debt adjusters:
• Nonprofit social service agencies or nonprofit consumer credit counseling agencies licensed in New Jersey must post a bond, but for profit debt adjusters are specifically exempt. This is ostensibly because for profit debt adjusters use a third party to hold the money and therefore the consumer would have to go after a bank for these funds, rather than the debt adjuster. (Section 5(a))
• Licensees must have their financial records relating to debt adjustment audited annually by a certified public accountant or a public accountant, to be filed with the Department of Banking and Insurance. For profit companies are specifically exempted from providing these certifications. (Section 5(e))
• Fees for credit counseling already cannot exceed one percent of the gross monthly income of the person to whom the service is rendered and no more than $15 in any one month. This restriction is only imposed on nonprofits, ostensibly because this fee is not sustainable for those for profit debt adjusters. In other words, for profit debt adjusters may charge more than this fee because they need to earn a profit in order to provide services in this state.

In 2012, the New Jersey Law Revision Commission studied debt settlement and proposed language for debt adjusters that would strengthen consumer protections. To the extent there should be regulations for debt adjusters, consideration should be paid to that proposed language as this bill does not provide those same protections. Attached are the NJSBA’s remarks on this issue for your consideration. For these reasons, the Association urges you to vote no to this bill.

The New Jersey State Bar Association Supports S-2740/A-4723,
Which Requires Motor Vehicle Dealers to Offer to Delete Consumer Personal Information

The New Jersey State Bar Association recommends amendments to S-2740/A-4723, which would require motor vehicle dealers to offer to delete personal information in motor vehicles in certain situations.

The Association supports the aim of this bill as an important step in protecting the privacy rights of consumers by imposing an obligation upon automobile dealers that take ownership and/or possession of used automobiles to remove personally identifiable information (PII). To the extent that there are opportunities to strengthen consumer privacy, including notification to the consumer, providing timelines for removal of PII and other such protections, the Association remains committed to pursuing them.

For the reasons set forth above, the New Jersey State Bar Association supports the aim of S-2740/A-4723 and looks forward to strengthening consumer protections moving forward.

The New Jersey State Bar Association Supports A-2019/S-2004,
Regarding Motor Vehicle Safety Recalls

The New Jersey State Bar Association supports A-2019 (Conaway)/S-2004 (Diegnan), which requires notice of motor vehicle safety recalls upon inspection and registration of motor vehicle and requires repair of motor vehicles subject to recall.

The Association supports this proposed legislation because it encourages timely repairs of motor vehicles subject to recall. This will help ensure that owners of motor vehicles are notified of open recalls and have the option to seek repair. This is an important measure that will ultimately help consumers stay informed about their vehicles and provide for safer vehicles across New Jersey.

For the reasons set forth above, the New Jersey State Bar Association supports A-2019/S-2004 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-3627/A-5235,
Regarding Health Insurance Coverage Requirements for Treatment of Infertility

The New Jersey State Bar Association supports S-3627 (Vitale)/A-5235 (Lampitt), which revises health insurance coverage requirements for treatment of infertility.

The Association supports this proposed legislation because it expands access to treatment of infertility by requiring insurance companies to provide coverage for such treatment when a person has been determined by their physician to be in need of medical intervention to achieve a pregnancy. The bill also revises the definition for the disease of infertility to include individuals who cannot achieve a pregnancy without assistance of reproductive medicine because they are either a same-sex couple or single. This is an important measure that will help ensure equitable access to coverage for crucial medical treatment.

For the reasons set forth above, the New Jersey State Bar Association supports S-3627/A-5235 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-2841/A-4292,
Regarding Liability Coverage for Commercial Motor Vehicles

The New Jersey State Bar Association supports S-2841 (Scutari)/A-4292 (Carter) with amendments, which raises the minimum amount of liability coverage for commercial motor vehicles to $1.5 million.

The Association supports this proposed legislation because it requires owners of commercial motor vehicles to maintain liability insurance coverage of at least $1.5 million to insure against loss resulting from liability imposed by law for bodily injury, death, and property damage. Often commercial vehicle incidents result in the most significant damages. There has not been an increase in the minimum coverage since 1972 and therefore this increase is justifiable and necessary to ensure fairness in the administration of justice for New Jersey residents.

For the reasons set forth above, the New Jersey State Bar Association supports S-2841/A-4292 and encourages you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-3708/A-5285,
Regarding Access to Certain Law Enforcement Records

The New Jersey State Bar Association supports S-3708 (Greenstein)/A-5285 (Greenwald), which requires copies of certain law enforcement records to be provided to victims of domestic violence upon request.

The Association supports this proposed legislation because it provides that a domestic violence victim, or their legal representative, has the right to request certain law enforcement records to be provided at no charge within 10 calendar days of the request. This is an important measure that will allow victims to easily access important information regarding their domestic violence complaint.

For the reasons set forth above, the New Jersey State Bar Association supports S-3708/A-5285 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-5235,
Regarding Health Insurance Coverage Requirements for Treatment of Infertility

The New Jersey State Bar Association supports A-5235 (Lampitt)/S-3627 (Vitale), which revises health insurance coverage requirements for treatment of infertility.

The Association supports this proposed legislation because it expands access to treatment of infertility by requiring insurance companies to provide coverage for such treatment when a person has been determined by their physician to be in need of medical intervention to achieve a pregnancy. The bill also revises the definition for the disease of infertility to include individuals who cannot achieve a pregnancy without assistance of reproductive medicine because they are either a same-sex couple or single. This is an important measure that will help ensure equitable access to coverage for crucial medical treatment.

For the reasons set forth above, the New Jersey State Bar Association supports A-5235/S-3627 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-4292,
Regarding Liability Coverage for Commercial Motor Vehicles

The New Jersey State Bar Association supports A-4292 (Carter)/S-2841 (Scutari) with amendments, which raises the minimum amount of liability coverage for commercial motor vehicles to $1.5 million.

The Association supports this proposed legislation because it requires owners of commercial motor vehicles to maintain liability insurance coverage of at least $1.5 million to insure against loss resulting from liability imposed by law for bodily injury, death, and property damage. Often commercial vehicle incidents result in the most significant damages. There has not been an increase in the minimum coverage since 1972 and therefore this increase is justifiable and necessary to ensure fairness in the administration of justice for New Jersey residents.

For the reasons set forth above, the New Jersey State Bar Association supports A-4292/S-2841 and encourages you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-3837,
Regarding State Government Entities’ Translation Requirements

The New Jersey State Bar Association supports A-3837 (Jaffer)/S-2459 (Ruiz), which requires State government entities to provide vital documents and translation services in the fifteen most common non-English languages.

The Association supports this proposed legislation because it expands access to services for New Jersey residents. The bill ensures that State government entities that provide direct services to the public translate vital documents and information in the fifteen most common non-English languages spoken by individuals with limited-English proficiency in New Jersey. This is an important measure that provides much-needed accessibility for New Jerseyans who are eligible for state benefits and/or services, but are unable to complete the forms because of limited-English proficiency. The NJSBA is mindful that as the need for additional languages increases, this should be expanded as necessary.

For the reasons set forth above, the New Jersey State Bar Association supports A-3837/S-2459 and urges you to vote yes to this legislation.

DECEMBER 2023

The New Jersey State Bar Association Supports S-1000/A-1704,
Which Expands Language Requirements for Certain
Domestic Violence Restraining Orders and Notices

The New Jersey State Bar Association supports S-1000 (Ruiz)/A-1704 (Speight) which requires that certain domestic violence restraining orders and notices to domestic violence victims be issued in languages in addition to English.

The Association supports this proposed legislation as it helps ensure that the parties involved understand the orders by providing them in the language that the parties understand. The Association remains vigilant that should the need for additional languages become apparent, the documents should be made available in those languages as well.

For the reasons set forth above, the NJ State Bar Association supports S-1000A-1704 and urges you to vote yes to this bill.

The New Jersey State Bar Association Supports S-3627/A-5235,
Regarding Health Insurance Coverage Requirements for Treatment of Infertility

The New Jersey State Bar Association supports S-3627 (Vitale)/A-5235 (Lampitt), which revises health insurance coverage requirements for treatment of infertility.

The Association supports this proposed legislation as amended because it expands access to treatment of infertility by requiring insurance companies to provide coverage for such treatment when a person has been determined by their physician to be in need of medical intervention to achieve a pregnancy. The bill also revises the definition for the disease of infertility to include individuals who cannot achieve a pregnancy without assistance of reproductive medicine because they are either a same-sex couple or single. This is an important measure that will help ensure equitable access to coverage for crucial medical treatment.

For the reasons set forth above, the New Jersey State Bar Association supports S-3627/A-5235 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-2351/S-2991,
Regarding Elective Spousal Share

The New Jersey State Bar Association supports A-2351 (Mukherji)/S-2991 (Singleton), which permits a court to effectuate equitable distribution when a complaint for divorce or dissolution of a civil union has been filed and either party has died prior to a final judgement.

This bill codifies the holding in In the Matter of the Estate of Arthur Brown, Deceased, 448 N.J. Super. 252 (App. Div. 2017), cert. den. 230 N.J. 393. The Appellate Division held that despite the presence of a cause of action of divorce, the surviving spouse was not allowed to disclaim an elective share. This holding resolves an important issue regarding these matters where a spouse dies prior to a final judgment of a divorce and the surviving spouse is left without any entitlement to the deceased spouse’s estate. This legislation will simply provide a remedy for the division of the deceased spouse’s property.

For the reasons set forth above, the New Jersey State Bar Association supports A-2351/S-2991 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-2004/A-2019,
Regarding Motor Vehicle Safety Recalls

The New Jersey State Bar Association supports S-2004 (Diegnan)/A-2019 (Conaway), which requires notice of motor vehicle safety recalls upon inspection and registration of motor vehicle and requires repair of motor vehicles subject to recall.

The Association supports this proposed legislation because it encourages timely repairs of motor vehicles subject to recall. This will help ensure that owners of motor vehicles are notified of open recalls and have the option to seek repair. This is an important measure that will ultimately help consumers stay informed about their vehicles and provide for safer vehicles across New Jersey.

For the reasons set forth above, the New Jersey State Bar Association supports S-269/A-3117 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-3708/A-5285,
Regarding Access to Certain Law Enforcement Records

The New Jersey State Bar Association supports S-3708 (Greenstein)/A-5285 (Greenwald), which requires copies of certain law enforcement records to be provided to victims of domestic violence upon request.

The Association supports this proposed legislation because it provides that a domestic violence victim, or their legal representative, has the right to request certain law enforcement records to be provided at no charge within 10 calendar days of the request. This is an important measure that will allow victims to easily access important information regarding their domestic violence complaint.

For the reasons set forth above, the New Jersey State Bar Association supports S-3708/A-5285 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-524/A-1700,
Which Creates the Mental Health Diversion Program

The New Jersey State Bar Association supports S-524 (Ruiz)/A-1700 (Quijano), which creates the Mental Health Diversion Program to divert eligible persons away from the criminal justice system and into appropriate case management and mental health services.

The Association supports this bill as a much needed measure to address the criminalization of mental health disorders. The bill will treat the cause, and not the effect, of crime at the hands of people who have mental health disorders. Its implementation will benefit all New Jerseyans by reducing recidivism, helping individuals obtain the help they need, and improving the quality of life for all involved.

For the reasons set forth above, the New Jersey State Bar Association supports S-524/A-1700 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-4723/S-2740,
Which Requires Motor Vehicle Dealers to Offer to Delete Consumer Personal Information

The New Jersey State Bar Association recommends amendments to A-4723/S-2740, which would require motor vehicle dealers to offer to delete personal information in motor vehicles in certain situations.

The Association supports the aim of this bill as an important step in protecting the privacy rights of consumers by imposing an obligation upon automobile dealers that take ownership and/or possession of used automobiles to remove personally identifiable information (PII). To the extent that there are opportunities to strengthen consumer privacy, including notification to the consumer, providing timelines for removal of PII and other such protections, the Association remains committed to pursuing them.

For the reasons set forth above, the New Jersey State Bar Association supports the A-4723/S-2740 and looks forward to strengthening consumer protections moving forward.

Association Supports A-4800/S-3011,
Regarding The Use of Ignition Interlock Devices

The New Jersey State Bar Association supports A-4800 (Murphy)/S-3011 (Scutari), which concerns the use of ignition interlock devices for drunk driving offenses.

The Association supports the bill because it permits plea bargaining, which provides discretion to better address the specific circumstances of each case. The bill also extends the expiration of the current drunk driving statute, P.L.2019, c.248 and increases the period required for an ignition interlock device.

For the reasons set forth above, the New Jersey State Bar Association supports A-4800/S-3011 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-3627,
Regarding Health Insurance Coverage Requirements for Treatment of Infertility

The New Jersey State Bar Association supports S-3627 (Vitale)/A-5235 (Lampitt), which revises health insurance coverage requirements for treatment of infertility.

The Association supports this proposed legislation as amended as a first and important step to expanding access to treatment of infertility by requiring insurance companies to provide coverage for such treatment when a person has been determined by their physician to be in need of medical intervention to achieve a pregnancy. The bill also revises the definition for the disease of infertility to include individuals who cannot achieve a pregnancy without assistance of reproductive medicine because they are either a same-sex couple or single. This is an important measure that will help ensure equitable access to coverage for crucial medical treatment.

For the reasons set forth above, the New Jersey State Bar Association supports S-3627/A-5235 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-2004/A-2019,
Regarding Motor Vehicle Safety Recalls

The New Jersey State Bar Association supports S-2004 (Diegnan)/A-2019 (Conaway), which requires notice of motor vehicle safety recalls upon inspection and registration of motor vehicle and requires repair of motor vehicles subject to recall.

The Association supports this proposed legislation because it encourages timely repairs of motor vehicles subject to recall. This will help ensure that owners of motor vehicles are notified of open recalls and have the option to seek repair. This is an important measure that will ultimately help consumers stay informed about their vehicles and provide for safer vehicles across New Jersey.

For the reasons set forth above, the New Jersey State Bar Association supports S-269/A-3117 and urges you to vote yes to this proposed legislation

The New Jersey State Bar Association Supports S-269,
Clarifying a Juvenile’s Right to Attorney Representation

The New Jersey State Bar Association supports S-269 (Turner)/A-3117 (Mukherji), which clarifies a juvenile’s right to attorney representation and requires 12-month judicial review when a juvenile is placed out-of-home.

The Association supports this proposed legislation because it clarifies that a juvenile has the right to an attorney during every critical stage of a court proceeding in a delinquency case. In addition, the bill establishes that when a court requires out-of-home placement of a juvenile, the court shall conduct a review hearing no later than 12 months after entry of the order. The placement hearing will allow the court to review the treatment, care, and custody status of the juvenile. This is a positive measure that ultimately help ensure that the juvenile is receiving services necessary to promote successful reintegration into the community.

For the reasons set forth above, the New Jersey State Bar Association supports S-269/A-3117 and urges you to vote yes to this proposed legislation.

New Jersey State Bar Association Comments On A1515/S2295, Civilian Review Boards

The New Jersey State Bar Association Supports S-1516,
Concerning Domestic Violence Restraining Orders

The New Jersey State Bar Association supports S-1516 (Greenstein)/A-3093 (Stanley), which authorizes courts to include in domestic violence restraining orders a provision making the order applicable to a pregnant victim’s child upon birth of the child.

The Association supports this proposed legislation as amended because it provides that a domestic violence restraining order will apply to a pregnant victim’s child upon birth of the child. As amended, it provides an opportunity for the victim to request such relief, which further protects the victim from forced disclosure of a pregnancy. If requested, this will help ensure protection of a victim’s child upon birth, without requiring the victim to have to return to court immediately after the birth of the child for an emergent hearing in order to add the newborn child to the final restraining order. This is an incredibly important measure that ultimately eases the process of receiving protection for domestic violence victims and their immediate families.

For the reasons set forth above, the New Jersey State Bar Association supports S-1516/A-3093 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-2991,
Regarding Elective Spousal Share

The New Jersey State Bar Association supports S-2991 (Singleton)/A-2351 (Mukherji), which permits a court to effectuate equitable distribution when a complaint for divorce or dissolution of a civil union has been filed and either party has died prior to a final judgement.

This bill codifies the holding in In the Matter of the Estate of Arthur Brown, Deceased, 448 N.J. Super. 252 (App. Div. 2017), cert. den. 230 N.J. 393. The Appellate Division held that despite the presence of a cause of action of divorce, the surviving spouse was not allowed to disclaim an elective share. This holding resolves an important issue regarding these matters where a spouse dies prior to a final judgment of a divorce and the surviving spouse is left without any entitlement to the deceased spouse’s estate. This legislation will simply provide a remedy for the division of the deceased spouse’s property.

For the reasons set forth above, the New Jersey State Bar Association supports S-2991/A-2351 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-5235,
Regarding Health Insurance Coverage Requirements for Treatment of Infertility

The New Jersey State Bar Association supports A-5235 (Lampitt)/S-3627 (Vitale), which revises health insurance coverage requirements for treatment of infertility.

The Association supports this proposed legislation because it expands access to treatment of infertility by requiring insurance companies to provide coverage for such treatment when a person has been determined by their physician to be in need of medical intervention to achieve a pregnancy. The bill also revises the definition for the disease of infertility to include individuals who cannot achieve a pregnancy without assistance of reproductive medicine because they are either a same-sex couple or single. This is an important measure that will help ensure equitable access to coverage for crucial medical treatment.

For the reasons set forth above, the New Jersey State Bar Association supports A-5235/S-3627 and urges you to vote yes to this proposed legislation.

The NJ State Bar Association Supports S3043, Which Expands Jury Venires

The NJSBA supports S3043, which eliminates barriers to qualify for jury service. This is one of a number of recommendations made by the Association to address implicit and explicit bias in the jury selection process. Removing the lifetime bar from jury service of those who have past convictions of an indictable offense is necessary to eliminate the systematic exclusion of disproportionate numbers of persons of color from jury service. The Association cites to the recommendations of the Supreme Court’s Committee of the Judicial Conference on Jury Selection, which compelled reconsideration of this lifetime bar subject to potential challenge for cause or peremptory challenge.

This is a step in the right direction towards eliminating implicit and explicit bias in the jury selection process. The Association urges you to vote yes to S3403.

The New Jersey State Bar Association Supports A-1222/S-1211,
Regarding Civil Actions Against Persons or Entities Profiting From Human Trafficking

The New Jersey State Bar Association supports A-1222 (Pintor Marin)/S-1211 (Singleton), which provides for civil actions against persons or entities profiting from commission of human trafficking offenses or maintaining victims of such offenses.

The Association supports this proposed legislation because it expands the current statute to allow for civil recourse against those who knowingly profit from human trafficking offenses. This is an important measure that will help ensure that the financial beneficiaries of human trafficking are held responsible for their actions.

For the reasons set forth above, the New Jersey State Bar Association supports A-1222/S-1211 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-2626/A-4004,
Providing Services for Victims of Sex Trafficking and Domestic Violence

The New Jersey State Bar Association supports S-2626 (Madden)/A-4004 (Murphy), which specifies additional services for victims of sex trafficking and domestic violence.

The Association supports this proposed legislation because the establishment of this safe haven program will ultimately provide sex trafficking and domestic violence victims with a safe and secure environment to seek necessary rehabilitative resources to help ensure their well-being. It also facilitates services to these individuals because of the availability of additional training and education for fire station personnel to assist them in engaging in much needed services such as emergency shelters, victim advocacy services, legal aid, and community resources.

For the reasons set forth above, the New Jersey State Bar Association supports S-2626/A-4004 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-709/A-4444,
Regarding Penalties for Assault Against Sports Officials

The New Jersey State Bar Association supports S-709 (Codey)/A-4444 (Jasey), which upgrades certain types of assault against sports officials to aggravated assault.

The Association supports this proposed legislation because it upgrades penalties for assaults against sports officials, coaches or staff. This is an important measure that seeks to end the prevalence of violence at youth sporting events. This will ultimately help ensure the overall safety of such events.

For the reasons set forth above, the New Jersey State Bar Association supports S-709/A-4444 and urges you to vote yes to this proposed legislation.

The NJ State Bar Association Opposes S3343,
Regarding Medical Malpractice Cases

The NJSBA has significant concerns with S3343 (Sacco) and submits the attached remarks urging reconsideration of the measure. The bill establishes a cap on the recovery of compensatory damages and limits contingency fees in medical malpractice cases, and addresses period payment of damages and benevolent gesture liability. It has the potential to block the ability of victims of medical malpractice from obtaining redress for, in some cases, life-changing and catastrophic injuries. The bill sets an arbitrary cap on noneconomic damages; ignores existing laws designed to encourage voluntary disclosures by creating new privileges for certain documents; disincentivizes practitioners from litigating matters that are arguably among the most costly cases to try; and seeks to address contingency fees, which are constitutionally governed by the Supreme Court and are addressed in the Rules of Professional Conduct.

For these reasons, and as more fully explained in the attached remarks, the NJSBA urges you to vote no on S3343.

The New Jersey State Bar Association Supports Amendments to A-4723/S-2740,
Which Requires Motor Vehicle Dealers to Offer to Delete Consumer Personal Information

The New Jersey State Bar Association recommends amendments to A-4723/S-2740, which would require motor vehicle dealers to offer to delete personal information in motor vehicles in certain situations. The NJSBA supports the aim of this bill as an important step in protecting the privacy rights of consumers by imposing an obligation upon automobile dealers that take ownership and/or possession of used automobiles to remove personally identifiable information (PII).

The NJSBA has reached out to the sponsors to request consideration of recommendations to strengthen consumer privacy, including notification to the consumer, timelines for removal of PII and other such protections. We look forward to working with the sponsors on this bill.

Letter to Senator Richard J. Codey and Assemblyman John F. McKeon regarding S2740 (Codey)/A4723 (McKeon) – Requires motor vehicle dealer to offer to delete personal information in motor vehicles in certain situations.

The New Jersey State Bar Association Supports A-977/S-3043,
Which Expands Eligibility for Jury Service
The New Jersey State Bar Association supports A-977 (Reynolds-Jackson)/S-3043 (Stack), which eliminates past conviction of an indictable offense as a disqualifier for jury service.

The Association has historically supported the expansion of eligibility for jury venires to eliminate bias, including implicit bias, in New Jersey’s jury selection process and the justice system as a whole. In November 2021, the NJSBA Working Group on Jury Selection issued an Interim Report that made several recommendations to address implicit and explicit bias in the jury selection process. Among those recommendations is that the pool of jurors be expanded by removing the lifetime bar for jury service that citizens convicted of an indictable offense are subject to. As noted on page 11 of the Interim Report, the lifetime bar systematically excludes disproportionate numbers of persons of color from jury service, according to the findings of the New Jersey Commission to Review Criminal Sentencing. The Association strongly feels that in order to reduce bias and implicit bias in jury selection, it is fundamental that the system first produce a pool of jurors from which a fair jury of peers can be selected. This begins with sincere efforts to summon a representative group of citizens from whom selection of jurors can be made.

This proposed legislation will have significant impact in ensuring that jury venires are fairly representative. The Association applauds the sponsors for their work on this legislation to address an important issue facing the justice system.

For the reasons set forth above, the New Jersey State Bar Association supports A-977/S-3043 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-1222/S-1211,
Regarding Civil Actions Against Persons or Entities Profiting From Human Trafficking

The New Jersey State Bar Association supports A-1222 (Pintor Marin)/S-1211 (Singleton), which provides for civil actions against persons or entities profiting from commission of human trafficking offenses or maintaining victims of such offenses.

The Association supports this proposed legislation because it expands the current statute to allow for civil recourse against those who knowingly profit from human trafficking offenses. This is an important measure that will help ensure that the financial beneficiaries of human trafficking are held responsible for their actions.

For the reasons set forth above, the New Jersey State Bar Association supports A-1222/S-1211 and urges you to vote yes to this proposed legislation.

NOVEMBER 2023

The New Jersey State Bar Association Supports S-1000/A-1704,
Which Expands Language Requirements for Certain Domestic Violence Restraining Orders and Notices

The New Jersey State Bar Association supports S-1000 (Ruiz)/A-1704 (Speight) which requires that certain domestic violence restraining orders and notices to domestic violence victims be issued in languages in addition to English.

The Association supports this proposed legislation as it helps ensure that the parties involved understand the orders by providing them in the language that the parties understand. The Association remains vigilant that should the need for additional languages become apparent, the documents should be made available in those languages as well.

For the reasons set forth above, the NJ State Bar Association supports S-1000/A-1704 and urges you to vote yes to this bill.

Letter to Assemblyman Herb Conaway, M.D. regarding A2003 (Conaway) – Restricts use of restrictive employment covenants for physicians and nurses.

Letter to Senator Joseph Pennacchio and Assemblywoman Kim Eulner regarding S2923 (Pennacchio)/A4492 (Eulner) – The “Uniform Electronic Wills Act”; authorizes electronic wills.

Letter to Assemblywoman Angela V. McKnight regarding A5133 (McKnight) – Allows court to consider previous care when granting letters of guardianship for incapacitated person.

OCTOBER 2023

Letter to Senator M. Teresa Ruiz and Assemblywoman Britnee N. Timberlake regarding S3135 (Ruiz)/A795 (Timberlake) – Requires an employer to provide certain accommodations to an employee who is breast feeding.

JUNE 2023

The New Jersey State Bar Association Supports S-2052,
Providing Additional Protection for Victims of Domestic Violence

The New Jersey State Bar Association supports S-2052 (Turner)/A-3808 (Lopez) which allows a court that issues a restraining order under the Prevention of Domestic Violence Act to include an order requiring the landlord of a residential dwelling unit to change the locks on the unit where the victim of domestic violence resides.

The Association supports this proposed legislation because it establishes that a victim who has obtained a temporary or permanent restraining order from the court may request that the landlord change the locks on the rental unit and is further authorized to change the locks if the landlord does not respond to the request within 48 hours. This is an important measure that furthers the provision of immediate protections for victims of domestic violence.

For the reasons set forth above, the New Jersey State Bar Association supports S-2052/A-3808 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-4888,
Eliminating Fee for Filing a Certified Copy of a Name Change Order

The NJ State Bar Association supports A-4888 (Quijano)/S-3332 (Vitale), which eliminates the fee for filing a certified copy of a name change order.

The Association supports this proposed legislation because it ultimately promotes accessibility for many New Jersey residents seeking name changes for various reasons each year.
The NJ State Bar Association supports A-4888/S-3332 and urges you to vote yes to this proposed legislation.

The NJ State Bar Association Supports S524/A1700, Creating the Mental Health Diversion Program

The NJ State Bar Association Supports S524 (Ruiz)/A1700 (Quijano), the Mental Health Diversion Program, as a much needed measure to address the criminalization of mental health disorders. The bill will treat the cause, and not the effect, of crime at the hands of people who have mental health disorders. Its implementation will benefit all New Jerseyans by reducing recidivism, helping individuals obtain the help they need, and improving the quality of life for all involved.

Read NJSBA President Timothy F. McGoughran, Esq.’s editorial on the importance of this measure and please vote yes to implement this critically-needed program.

New Jersey State Bar Association statement on A1700 (Quijano)/S524 (Ruiz)
Creates Mental Health Diversion Program to divert eligible persons away from criminal justice system and into appropriate case management and mental health services – Testimony before Assembly Appropriations Committee – June 22, 2023

The New Jersey State Bar Association Supports A-4888,
Eliminating Fee for Filing a Certified Copy of a Name Change Order

The NJ State Bar Association supports A-4888 (Quijano)/S-3332 (Vitale), which eliminates the fee for filing a certified copy of a name change order.

The Association supports this proposed legislation because it eliminates the fee for filing a certified copy for a name change order, which will ultimately promote accessibility for the many New Jersey residents seeking name changes for various reasons each year.

For the reasons set forth above, the NJ State Bar Association supports A-4888/S-3332 and urges you to vote yes to this proposed legislation.

New Jersey State Bar Association statement to Senate Budget and Appropriations Committee on S524 which creates a Mental Health Diversion Program – June 20, 2023

The New Jersey State Bar Association Supports S-3125,
Expanding Daniel’s Law to Apply to Child Protective Investigators

The New Jersey State Bar Association supports S-3125 (Cryan)/A-4947 (Lopez), which expands Daniel’s Law to prohibit disclosure of personal information concerning child protective investigators in the Division of Child Protection and Permanency (DCPP) in the Department of Children and Families.

The Association supports this proposed legislation because it expands the scope of Daniel’s Law beyond protecting judicial and law enforcement officers to also include DCPP child protective investigators. DCPP child protective investigators have an important job protecting the safety of New Jersey children, which sometimes makes them vulnerable to retaliation. This proposed legislation will protect the privacy of DCPP investigators’ personal information, which will ultimately help keep them safe from potential harm.

For the reasons set forth above, the New Jersey State Bar Association supports S-3125/A-4947 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-3424,
Regarding the Validity of Certain Motor Vehicle Registration Certificates

The New Jersey State Bar Association supports S-3424 (Diegnan)/A-1550 (Moriarty), which authorizes a surviving spouse or family member of a decedent to use the motor vehicle registration certificate of the decedent until the registration certificate expires.

The Association supports this proposed legislation because it allows surviving family members to operate a decedent’s vehicle until the expiration of the motor vehicle registration certificate. This will allow family members more time to complete the process of changing the motor vehicle registration, if necessary. This proposed legislation ultimately creates a beneficial change to the current law, which only allows for use of the decedent’s motor vehicle registration certificate for 30 days following the death of the decedent.

For the reasons set forth above, the New Jersey State Bar Association supports S-3424/A-1550 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-3719,
Regarding the Fundamental Right to Marry or Enter Into a Civil Union

The New Jersey State Bar Association supports S-3719 (Ruiz)/A-4939 (McKeon) which establishes the fundamental right of an individual marry or enter into a civil union with a person of any race.

The Association supports this proposed legislation because it declares that the right of a person to marry or enter into a civil union with a person of any race is fundamental in New Jersey. This is an important measure that will ultimately ensure the protection of interracial marriage and civil unions by New Jersey statutory law.

For the reasons set forth above, the New Jersey State Bar Association supports S-3719/A-4939 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-1211,
Regarding Civil Actions Against Persons or Entities Profiting From Human Trafficking

The New Jersey State Bar Association supports S-1211 (Singleton)/A-1222 (Pintor Marin), which provides for civil actions against persons or entities profiting from commission of human trafficking offenses or maintaining victims of such offenses.

The Association supports this proposed legislation because it expands current statute to allow for civil recourse against those who knowingly profit from human trafficking offenses. This is an important measure that will help ensure that the scope of beneficiaries of human trafficking are held responsible for their actions.

For the reasons set forth above, the New Jersey State Bar Association supports S-1211/A-1222 and urges you to vote yes to this proposed legislation.

Letter to Senator Shirley K. Turner and Assemblyman Benjie E. Wimberly regarding New Jersey State Bar Association position on S946 (Turner)/A1365 (Wimberly) – Establishes permanent daylight saving time in New Jersey – June 15, 2023

Letter to Senator Troy Singleton and Assemblywoman Eliana Pintor Marin regarding New Jersey State Bar Association position on S1211 (Singleton)/A1222 (Pintor Marin) – Provides for civil actions against persons or entities profiting from commission of human trafficking offenses, or maintaining victims of such offenses – June 15, 2023

Letter to Senator Troy Singleton and Assemblywoman Yvonne Lopez regarding New Jersey State Bar Association position on S1804 (Singleton)/A4104 (Lopez) – Clarifies exceptions regarding requirements for person seeking to be made party in certain foreclosure actions – June 15, 2023

Letter to Senator Joseph F. Vitale and Assemblywoman Annette Quijano regarding New Jersey State Bar Association position on S3332 (Vitale)/A4888 (Quijano) – Eliminates fee for filing a certified copy of a name change order – June 15, 2023

New Jersey State Bar Association statement on A1700 (Quijano)/S524 (Ruiz) – Creates Mental Health Diversion Program to divert eligible persons away from criminal justice system and into appropriate case management and mental health services – Testimony before Assembly Judiciary Committee – June 15, 2023

The New Jersey State Bar Association Supports A-4888,
Eliminating Fee for Filing a Certified Copy of a Name Change Order

The NJ State Bar Association supports A-4888 (Quijano)/S-3332 (Vitale), which eliminates the fee for filing a certified copy of a name change order.

The Association supports this proposed legislation because it eliminates the fee for filing a certified copy for a name change order, which will ultimately promote accessibility for the many New Jersey residents seeking name changes for various reasons each year.

For the reasons set forth above, the NJ State Bar Association supports A-4888/S-3332 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-3719,
Regarding the Fundamental Right to Marry or Enter Into a Civil Union

The New Jersey State Bar Association supports S-3719 (Ruiz)/A-4939 (McKeon) which establishes the fundamental right of an individual marry or enter into a civil union with a person of any race.

The Association supports this proposed legislation because it declares that the right of a person to marry or enter into a civil union with a person of any race is fundamental in New Jersey. This is an important measure that will ultimately ensure the protection of interracial marriage and civil unions by New Jersey statutory law.

For the reasons set forth above, the New Jersey State Bar Association supports S-3719/A-4939 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-3424,
Regarding the Validity of Certain Motor Vehicle Registration Certificates

The New Jersey State Bar Association supports S-3424 (Diegnan)/A-1550 (Moriarty), which authorizes a surviving spouse or family member of a decedent to use the motor vehicle registration certificate of the decedent until the registration certificate expires.

The Association supports this proposed legislation because allowing surviving family members to operate a decedent’s vehicle until the expiration of the motor vehicle registration certificate will allow family members more time to complete the process of changing the motor vehicle registration, if necessary. This proposed legislation ultimately creates a beneficial change to the current law, which only allows for use of the decedent’s motor vehicle registration certificate for 30 days following the death of the decedent.

For the reasons set forth above, the New Jersey State Bar Association supports S-3424/A-1550 and urges you to vote yes to this proposed legislation.

NJSBA letter with recommendations on A3836 (Stanley) – Requires certain disclosures under a motor vehicle lease – June 2, 2023

Statement on Domestic Violence Bills A1475 Before the Senate Judiciary Committee– June 12, 2023

The New Jersey State Bar Association Supports S2991 (Singleton)/A2351 (Mukherji) – June 12, 2023

Statement on S524 Senate Judiciary Committee  – June 12, 2023

 

MAY 2023

The New Jersey State Bar Association Supports S-269,
Clarifying a Juvenile’s Right to Attorney Representation

The New Jersey State Bar Association supports A-3117 (Mukherji)/S-269 (Turner) which clarifies a juvenile’s right to attorney representation and requires 12-month judicial review when a juvenile is placed out-of-home.

The Association supports this proposed legislation because it clarifies that a juvenile has the right to an attorney during every critical stage of a court proceeding in a delinquency case. In addition, the bill establishes that when a court requires out-of-home placement of a juvenile, the court shall conduct a review hearing no later than 12 months after entry of the order. The placement hearing will allow the court to review the treatment, care, and custody status of the juvenile. This is a positive measure that ultimately help ensure that the juvenile is receiving services necessary to promote successful reintegration into the community.

For the reasons set forth above, the New Jersey State Bar Association supports A-3117/S-269 and urges you to vote yes to this proposed legislation.

NJSBA Letter on S2802 (Lagana)/A4393 (Mukherji) – Uniform Public Expression Protection Act – May 15, 2023

The New Jersey State Bar Association Supports A-2249,
Which Establishes the Office of the Child Advocate

The NJ State Bar Association supports A-2249 (Murphy), which establishes the Office of the Child Advocate in the Department of Children and Families (DCF).

The Association supports this proposed legislation because it provides that the child advocate would review, evaluate, and monitor the activities of the Institutional Abuse Investigation Unit in DCF to ensure the provision of effective, appropriate, and timely services for children at risk of abuse and neglect in New Jersey, including children under State supervision due to abuse or neglect. This is a positive measure that will ultimately help protect children across New Jersey.

For the reasons set forth above, the NJ State Bar Association supports A-2249 and urges you to vote yes to this proposed legislation.

 

MARCH 2023

The New Jersey State Bar Association Urges Reconsideration of A-1475,
Which Requires Courts to Consider Coercive Control in Domestic Violence Proceedings

The NJ State Bar Association appreciates the work done by the sponsors on this bill, but as currently drafted, opposes this bill.

The NJSBA previously urged caution before adopting a definition of coercive control that would enumerate a disjunctive list of elements resulting in a more expansive list of acts that would fall under the umbrella of domestic violence than this Legislature contemplated in the Prevention of Domestic Violence Act (PDVA).

Family law practitioners see an unfortunate number of unintended consequences from the filing of restraining orders within the context of contentious divorces or custody battles. Expanding the definition to include the specific acts described in this proposed legislation would lead to the utilization of domestic violence applications as a sword and not a shield, and truly trivializes the plight of true victims of domestic violence.

The Association hopes to continue working with the sponsors to eliminate these concerns. For these reasons, the NJSBA respectfully urges you to vote no to this proposed legislation as drafted.

The New Jersey State Bar Association Urges Reconsideration of A-2668,
Regarding Consideration of Domestic Violence Convictions in Awarding Alimony

The NJ State Bar Association opposes A-2668 (Mosquera) because the alimony statute already gives discretion to judges to consider domestic violence in both awarding alimony or an outright prohibition of alimony.

New Jersey passed a comprehensive reform of its alimony statutes in 2014. The NJSBA participated in those discussions. The notion of prohibiting alimony payments to a person who has committed certain enumerated crimes has been addressed in N.J.S. 2A:34-23(i), which prohibits payments of alimony for persons who are convicted of murder, manslaughter, criminal homicide, aggravated assault in certain circumstances, or substantially similar offenses in another jurisdiction if the crime resulted in death or serious bodily injury to a family member of a divorcing party and the crime was committed after the marriage or civil union. In addition to these crimes, a court has discretion to consider a prohibition on alimony for persons convicted of an attempt or conspiracy to commit murder if the ostensible payor was the intended victim. Finally, the court may consider denying alimony “for other bad acts.” The courts have discretion to consider these factors on a case by case basis.

Furthermore, with regard to the alimony award, should it be ordered, N.J.S. 2A:34-23(b) sets forth the factors that the court “shall consider” which are not limited to the 14 enumerated factors therein, but also anything else the court deems necessary. In fact, the 14th factor that the court may consider is “any other factors which the court may deem relevant.”

Under the current language, an alimony obligor could be compelled to accuse an oblige of alimony, weaponizing the statute for the obligor’s own purpose to terminate alimony. As such, this current language could create unintended consequences for the recipient of alimony. Alimony is neither a penalty, nor a reward, rather it is an attempt to equalize assets from a marriage. The Supreme Court has decided that marital fault is irrelevant to alimony except in two narrow instances – cases in which the fault has affected the parties’ economic life and cases in which the fault so violates societal norms that continuing the economic bonds between the parties would confound notions of simple justice. Mani v. Mani, 187 N.J. 70 (2005).

The Association looks forward to working with the sponsors to further strengthen the law with regard to these types of issues. As currently drafted, however, the Association does not support the bill and urges you to vote no.

The New Jersey State Bar Association Supports A-4004,
Providing Services for Victims of Sex Trafficking and Domestic Violence

The New Jersey State Bar Association supports A-4004 (Murphy)/S-2626 (Madden), which specifies additional services for victims of sex trafficking and domestic violence.

The Association supports this proposed legislation because it establishes a program to ensure that victims of sex trafficking and domestic violence have a safe haven at fire stations where they will be referred by fire station personnel to emergency shelters, victim advocacy services, legal aid, and community resources. This program will train and educate fire station personnel to assist victims. The establishment of this safe haven program will ultimately provide victims with a safe and secure environment to seek necessary rehabilitative resources to help ensure their well-being.

For the reasons set forth above, the New Jersey State Bar Association supports A-4004/S-2626 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-3808,
Providing Additional Protection for Victims of Domestic Violence

The New Jersey State Bar Association supports A-3808 (Lopez)/ S-2052 (Turner) which allows a tenant with a temporary or permanent restraining order to change the locks on a residential unit.

The Association supports this proposed legislation because it establishes that a tenant who has obtained a temporary or permanent restraining order from the court may request that the landlord change the locks on the rental unit and is further authorized to change the locks if the landlord does not respond to the request within 48 hours. This is an important measure that will ultimately help protect victims who may remain vulnerable to violence even after protective relief in the form of a restraining order has been provided by the court.

For the reasons set forth above, the New Jersey State Bar Association supports A-3808/ S-2052 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-3093,
Concerning Domestic Violence Restraining Orders

The New Jersey State Bar Association supports A-3093 (Stanley)/S-1516 (Greenstein) which authorizes courts to include in domestic violence restraining orders a provision making the order applicable to a pregnant victim’s child upon birth of the child.

The Association supports this proposed legislation as amended because it provides that a domestic violence restraining order will apply to a pregnant victim’s child upon birth of the child. As amended, it provides an opportunity for the victim to request such relief, which further protects the victim from forced disclosure of a pregnancy. If requested, this will help ensure protection of a victim’s child upon birth, without requiring the victim to have to return to court immediately after the birth of the child for an emergent hearing in order to add the newborn child to the final restraining order. This is an incredibly important measure that ultimately eases the process of receiving protection for domestic violence victims and their immediate families.

For the reasons set forth above, the New Jersey State Bar Association supports A-3093/S-1516 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-2770,
Which Authorizes Restraining Orders Where Domestic Violence Statutes Do Not Apply

The NJSBA supports A-2770 (Stanley)/S-1517 (Greenstein), as amended, which authorizes the issuance of restraining orders under the now-existing Sexual Assault Survivor Protection Act (SASPA). The amendments add the crimes of stalking and cyber harassment to SASPA and renames the law to the Victim’s Assistance and Survivor Protection Act (VASPA) , which offers necessary protections to victims of stalking and cyber harassment as well as those already enumerated in SASPA.

The NJSBA thanks the sponsors of both A-2770 and S-1517 as well as the stakeholders for their work on this bill and urges you to vote yes.

The New Jersey State Bar Association Supports A-1704,
Which Expands Language Requirements for Certain
Domestic Violence Restraining Orders and Notices

The New Jersey State Bar Association supports A-1704 (Speight)/S-1000 (Ruiz) which requires that certain domestic violence restraining orders and notices to domestic violence victims be issued in languages in addition to English.

The Association supports this proposed legislation as it helps ensure that the parties involved understand the orders by providing them in the language that the parties understand. The Association remains vigilant that should the need for additional languages become apparent, the documents should be made available in those languages as well.

For the reasons set forth above, the NJ State Bar Association supports A-1704/S-1000 and urges you to vote yes to this bill.

The New Jersey State Bar Association Supports A-2526,
Permitting Courts to Order Transfer of Wireless Telephone Number Rights
To Certain Victims of Domestic Violence or Stalking

The New Jersey State Bar Association supports A-2526 (Murphy)/S-3701 (Singleton), which permits courts to order transfer of billing responsibility for, and rights to, wireless telephone number to certain victims of domestic violence or stalking.

The Association thanks the sponsors for amending A-2526 to permit the court, upon the victim’s request, to order the defendant to reimburse the victim for any costs associated with the transfer incurred by the victim. The Association supports this bill as a strong measure to protect and support victims of domestic violence.

For the reasons set forth above, the New Jersey State Bar Association supports A-2526/S-3701 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-2770,
Which Authorizes Restraining Orders Where Domestic Violence Statutes Do Not Apply

The NJSBA supports A-2770 (Stanley)/S-1517 (Greenstein), as amended, which authorizes the issuance of restraining orders under the now-existing Sexual Assault Survivor Protection Act (SASPA). The amendments add the crimes of stalking and cyber harassment to SASPA, which offers necessary protections to victims of stalking and cyber harassment.

The NJSBA thanks the sponsors of both A-2770 and S-1517 for their work on this bill and urges you to vote yes.

The New Jersey State Bar Association Supports A-4947,
Expanding Daniel’s Law to Apply to Child Protective Investigators

The New Jersey State Bar Association supports A-4947 (Lopez)/ S-3125 (Cryan), which expands Daniel’s Law to prohibit disclosure of personal information concerning child protective investigators in the Division of Child Protection and Permanency (DCPP) in the Department of Children and Families.

The Association supports this proposed legislation because it expands the scope of Daniel’s Law beyond protecting judicial and law enforcement offers to also include DCPP child protective investigators. DCPP child protective investigators have an important job protecting the safety of New Jersey children, which sometimes makes them vulnerable to retaliation. This proposed legislation will protect the privacy of DCPP investigators’ personal information, which will ultimately help keep them safe from potential harm.

For the reasons set forth above, the New Jersey State Bar Association supports A-4947/S-3125 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-4004,
Providing Services for Victims of Sex Trafficking and Domestic Violence

The New Jersey State Bar Association supports A-4004 (Murphy)/S-2626 (Madden), which specifies additional services for victims of sex trafficking and domestic violence.

The Association supports this proposed legislation because it establishes a program to ensure that victims of sex trafficking and domestic violence have a safe haven at fire stations where they will be referred by fire station personnel to emergency shelters, victim advocacy services, legal aid, and community resources. This program will train and educate fire station personnel to assist victims. The establishment of this safe haven program will ultimately provide victims with a safe and secure environment to seek necessary rehabilitative resources to help ensure their well-being.

For the reasons set forth above, the New Jersey State Bar Association supports A-4004/S-2626 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-1704,
Which Expands Language Requirements for Certain
Domestic Violence Restraining Orders and Notices

The New Jersey State Bar Association supports A-1704 (Speight)/S-1000 (Ruiz) which requires that certain domestic violence restraining orders and notices to domestic violence victims be issued in languages in addition to English.

The Association supports this proposed legislation as it helps ensure that the parties involved understand the orders by providing them in the language that the parties understand. The Association remains vigilant that should the need for additional languages become apparent, the documents should be made available in those languages as well.

For the reasons set forth above, the NJ State Bar Association supports A-1704/S-1000 and urges you to vote yes to this bill.

The New Jersey State Bar Association Supports A-2770,
Which Authorizes Restraining Orders Where Domestic Violence Statutes Do Not Apply

The NJSBA supports A2770 (Stanley), as amended, which authorizes the issuance of restraining orders under the now-existing Sexual Assault Survivor Protection Act (SASPA). The amendments add the crimes of stalking and cyber harassment to SASPA, which offers necessary protections to victims of stalking and cyber harassment.

The NJSBA thanks the sponsors of both A2770 and S1517 for their work on this bill and urges you to vote yes.

The New Jersey State Bar Association Supports S-2459,
Regarding State Government Entities’ Translation Requirements

The New Jersey State Bar Association supports S-2459 (Ruiz)/A-3837 (Jaffer) which requires State government entities to provide vital documents and translation services in the fifteen most common non-English languages.

The Association supports this proposed legislation because it expands access to services for New Jersey residents. The bill ensures that State government entities that provide direct services to the public translate vital documents and information in the fifteen most common non-English languages spoken by individuals with limited-English proficiency in New Jersey. This is an important measure that provides much-needed accessibility for New Jerseyans who are eligible for state benefits and/or services, but are unable to complete the forms because of limited-English proficiency. The NJSBA is mindful that as the need for additional languages increases, this should be expanded as necessary.

For the reasons set forth above, the New Jersey State Bar Association supports S-2459/A-3837 and urges you to vote yes to this legislation.

The New Jersey State Bar Association Supports S-142,
Regarding The New Jersey Business Corporation Act

The New Jersey State Bar Association supports S-142 (Diegnan)/A-4341 (Freiman), which modernizes business filing statutes to include entity conversion and domestication.

The Association supports this proposed legislation which would modify applicable business filing statutes in the New Jersey Business Corporation Act to add domestication and conversion provisions across all business entity types. This proposed legislation will align New Jersey with many other states that allow entity conversion and domestication, which will ultimately be a positive measure in making New Jersey a more business-friendly State.

For the reasons set forth above, the New Jersey State Bar Association supports A4341/S142 and urges you to vote yes on this bill.

The New Jersey State Bar Association Supports S-660,
Regarding Parking Privileges for Disabled Veterans

The New Jersey State Bar Association supports S-660 (Oroho)/A-2438 (Wirths), which establishes that “100 percent Disabled Veterans” are not required to submit to the Motor Vehicle Commission (MVC) certain documentation to renew parking privileges.

The Association supports this proposed legislation because it improves efficiency in the process of renewing parking benefits for permanently disabled veterans. This bill will establish that permanently disabled veterans are only required to submit proof of disability on their first application for disability parking privileges through the MVC. Permanently disabled veterans will not be required to submit proof of disability on renewal applications, which will ultimately allow them to easily maintain the benefits that they have rightfully earned.

For the reasons set forth above, the New Jersey State Bar Association supports S-660/A-2438 and urges you to vote yes to this bill.

The New Jersey State Bar Association Supports A-4004,
Providing Services for Victims of Sex Trafficking and Domestic Violence

The New Jersey State Bar Association supports A-4004 (Murphy)/S-2626 (Madden), which specifies additional services for victims of sex trafficking and domestic violence.

The Association supports this proposed legislation because it establishes a program to ensure that victims of sex trafficking and domestic violence have a safe haven at fire stations where they will be referred by fire station personnel to emergency shelters, victim advocacy services, legal aid, and community resources. This program will train and educate fire station personnel to assist victims. The establishment of this safe haven program will ultimately provide victims with a safe and secure environment to seek necessary rehabilitative resources to help ensure their well-being.

For the reasons set forth above, the New Jersey State Bar Association supports A-4004/S-2626 and urges you to vote yes to this proposed legislation.

NJSBA Statement to the Joint Meeting of the Assembly Judiciary Committee and the Assembly Law and Public Safety Committee Regarding Domestic Violence Bills – March 9, 2023

The New Jersey State Bar Association Supports S-2459,
Regarding State Government Entities’ Translation Requirements

The New Jersey State Bar Association supports S-2459 (Ruiz)/A-3837 (Jaffer) which requires State government entities to provide vital documents and translation services in the fifteen most common non-English languages.

The Association supports this proposed legislation because it expands access to services for New Jersey residents. The bill ensures that State government entities that provide direct services to the public translate vital documents and information in the fifteen most common non-English languages spoken by individuals with limited-English proficiency in New Jersey. This is an important measure that provides much-needed accessibility for New Jerseyans who are eligible for state benefits and/or services, but are unable to complete the forms because of limited-English proficiency.

For the reasons set forth above, the New Jersey State Bar Association supports S-2459/A-3837 and urges you to vote yes to this legislation.

 

FEBRUARY 2023

The New Jersey State Bar Association Supports A-2438,
Regarding Parking Privileges for Disabled Veterans

The New Jersey State Bar Association supports A2438 (Wirths)/S660 (Oroho), which establishes that “100 percent Disabled Veterans” are not required to submit to the Motor Vehicle Commission (MVC) certain documentation to renew parking privileges.

The Association supports this proposed legislation because it improves efficiency in the process of renewing parking benefits for permanently disabled veterans. This bill will establish that permanently disabled veterans are only required to submit proof of disability on their first application for disability parking privileges through the MVC. Permanently disabled veterans will not be required to submit proof of disability on renewal applications, which will ultimately allow them to easily maintain the benefits that they have rightfully earned.

For the reasons set forth above, the New Jersey State Bar Association supports A2438/S660 and urges you to vote yes to this bill.

The New Jersey State Bar Association Supports A-4939,
Regarding the Fundamental Right to Marry or Enter Into a Civil Union

The New Jersey State Bar Association supports A-4939 (McKeon) which establishes the fundamental right of an individual marry or enter into a civil union with a person of any race.

The Association supports this proposed legislation because it declares that the right of a person to marry or enter into a civil union with a person of any race is fundamental in New Jersey. This is an important measure that will statutorily ensure the protection of interracial marriage and civil unions.

For the reasons set forth above, the New Jersey State Bar Association supports A-4939 and urges you to vote yes to this proposed legislation.

 

The New Jersey State Bar Association Supports S-2841,
Regarding Liability Coverage for Commercial Motor Vehicles

The New Jersey State Bar Association supports S-2841 (Scutari)/A-4292 (Carter) which raises the minimum amount of liability coverage for commercial motor vehicles to $1.5 million.

The Association supports this proposed legislation because it requires owners of commercial motor vehicles to maintain liability insurance coverage of at least $1.5 million to insure against loss resulting from liability imposed by law for bodily injury, death, and property damage. Often commercial vehicle incidents result in the most significant damages. There has not been an increase in the minimum coverage since 1972 and therefore this increase is justifiable and necessary to ensure fairness in the administration of justice for New Jersey residents.

For the reasons set forth above, the New Jersey State Bar Association supports S-2841/A-4292 and encourages you to vote yes to this proposed legislation.

NJSBA Statement on S3343 (Sacco) which establishes a cap on the recovery of compensatory damages and limits contingency fees in medical malpractice cases – Senate Judiciary Committee – Feb. 23, 2003

The New Jersey State Bar Association Supports A-4947,
Expanding Daniel’s Law to Apply to Child Protective Investigators

The New Jersey State Bar Association supports A-4947 (Lopez)/S-3125 (Cryan), which expands Daniel’s Law to prohibit disclosure of personal information concerning child protective investigators in the Division of Child Protection and Permanency (DCPP) in the Department of Children and Families.

The Association supports this proposed legislation because it expands the protections under Daniel’s Law to also include DCPP child protective investigators. DCPP child protective investigators have an important job protecting the safety of New Jersey children, which sometimes makes them vulnerable to retaliation. This proposed legislation will protect the privacy of DCPP investigators’ personal information, which will ultimately help keep them safe from potential harm.

For the reasons set forth above, the New Jersey State Bar Association supports A-4947/S-3125 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-2052,
Providing Additional Protection for Victims of Domestic Violence

The New Jersey State Bar Association supports S-2052 (Turner)/A-3808 (Lopez) which allows a tenant with a temporary or permanent restraining order to change the locks on a residential unit.

The Association supports this proposed legislation because it establishes that a tenant who has obtained a temporary or permanent restraining order from the court may request that the landlord change the locks on the rental unit and is further authorized to change the locks if the landlord does not respond to the request within 48 hours. This is an important measure that will ultimately help protect victims who may remain vulnerable to violence even after protective relief in the form of a restraining order has been provided by the court.

For the reasons set forth above, the New Jersey State Bar Association supports S-2052/A-3808 and urges you to vote yes to this proposed legislation.

 

The New Jersey State Bar Association Supports A-4939,
Regarding the Fundamental Right to Marry or Enter Into a Civil Union

The New Jersey State Bar Association supports A-4939 (McKeon) which establishes the fundamental right of an individual marry or enter into a civil union with a person of any race.

The Association supports this proposed legislation because it declares that the right of a person to marry or enter into a civil union with a person of any race is fundamental in New Jersey. This is an important measure that will ultimately ensure the protection of interracial marriage and civil unions by New Jersey statutory law.

For the reasons set forth above, the New Jersey State Bar Association supports A-4939 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-3093,
Concerning Domestic Violence Restraining Orders

The New Jersey State Bar Association supports A-3093 (Stanley)/S-1516 (Greenstein) which authorizes courts to include in domestic violence restraining orders a provision making the order applicable to a pregnant victim’s child upon birth of the child.

The Association supports this proposed legislation because it provides that a domestic violence restraining order will apply to a pregnant victim’s child upon birth of the child. This will help ensure protection of a victim’s child upon birth, without requiring the victim to have to return to court immediately after the birth of the child for an emergent hearing in order to add the newborn child to the final restraining order. This is an incredibly important measure that ultimately eases the process of receiving protection for domestic violence victims and their immediate families.

For the reasons set forth above, the New Jersey State Bar Association supports A-3093/S-1516 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-3292,
Prohibiting Persons From Receiving Compensation
For Assisting With Veterans Benefits

The New Jersey State Bar Association supports S-3292 (Gopal)/A-3286 (Danielsen), which prohibits persons from receiving compensation for advising or assisting with veterans benefits.

The Association supports this proposed legislation because it makes it a violation of the consumer fraud act to receive compensation for assisting or advising with any veterans benefits matter, except as is permitted under federal law. This proposed legislation will ultimately help protect veterans from being taken advantage of by individuals that attempt to profit by falsely advertising or deceiving veterans seeking assistance.

The New Jersey State Bar Association Supports S-3125,
Expanding Daniel’s Law to Apply to Child Protective Investigators

The New Jersey State Bar Association supports S-3125 (Cryan)/A-4947 (Lopez), which expands Daniel’s Law to prohibit disclosure of personal information concerning child protective investigators in the Division of Child Protection and Permanency (DCPP) in the Department of Children and Families.

The Association supports this proposed legislation because it expands the scope of Daniel’s Law beyond protecting judicial and law enforcement offers to also include DCPP child protective investigators. DCPP child protective investigators have an important job protecting the safety of New Jersey children, which sometimes makes them vulnerable to retaliation. This proposed legislation will protect the privacy of DCPP investigators’ personal information, which will ultimately help keep them safe from potential harm.

For the reasons set forth above, the New Jersey State Bar Association supports S-3125 and urges you to vote yes to this proposed legislation.
   

 

JANUARY 2023

New Jersey State Bar Association Statement on S1517/A2770, Concerning the Issuance of Restraining Orders – Jan. 29, 2023

The New Jersey State Bar Association Supports S-3292,
Prohibiting Persons From Receiving Compensation
For Assisting With Veterans Benefits

The New Jersey State Bar Association supports S-3292 (Gopal)/A-3286 (Danielsen), which prohibits persons from receiving compensation for advising or assisting with veterans benefits.

The Association supports this proposed legislation because it makes it a violation of the consumer fraud act to receive compensation for assisting or advising with any veterans benefits matter, except as is permitted under federal law. This proposed legislation will ultimately help protect veterans from being taken advantage of by individuals that attempt to profit by falsely advertising or deceiving veterans seeking assistance.

For the reasons set forth above, the New Jersey State Bar Association supports S-3292 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-2347,
Permitting a Marriage or Civil Union License to be
Issued and Solemnized Via Audio-Visual Technology

The New Jersey State Bar Association supports A-2347 (Mukherji), which permits a marriage or civil union license to be issued and solemnized via audio-visual technology.

The Association supports this proposed legislation because it allows a couple, as well as a witness, who wish to marry or enter into a civil union to appear via audio-visual technology before a licensing official to obtain a marriage or civil union license. Additionally, this bill permits solemnization of a marriage or civil union by an individual, regions society, institution, or organization via audio-visual means. This proposed legislation ultimately strengthens accessibility for those who wish to marry or enter into civil unions.

For the reasons set forth above, the New Jersey State Bar Association supports A-2347 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-1671,
Requiring State, County, and Municipal Employees
to Complete Cybersecurity Awareness Training

The New Jersey State Bar Association supports A-1671 (Quijano), which requires State, county, and municipal employees and certain State contractors to complete cybersecurity awareness training.

The Association supports this proposed legislation because it requires State officers, employees, and members in the Executive Branch, the Judicial Branch, and the Legislative Branch to complete a cybersecurity training awareness program in each calendar year. This proposed legislation also requires State contractors and subcontractors who have access to the State computer system or database to complete the same training program. This is a positive measure that will ultimately help strengthen cybersecurity within the State government.

For the reasons set forth above, the New Jersey State Bar Association supports A-1671 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-2347,
Permitting a Marriage or Civil Union License to be
Issued and Solemnized Via Audio-Visual Technology

The New Jersey State Bar Association supports A-2347 (Mukherji), which permits a marriage or civil union license to be issued and solemnized via audio-visual technology.

The Association supports this proposed legislation because it allows a couple, as well as a witness, who wish to marry or enter into a civil union to appear via audio-visual technology before a licensing official to obtain a marriage or civil union license. Additionally, this bill permits solemnization of a marriage or civil union by an individual, regions society, institution, or organization via audio-visual means. This proposed legislation ultimately strengthens accessibility for those who wish to marry or enter into civil unions.

For the reasons set forth above, the New Jersey State Bar Association supports A-2347 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-3424/A-1550,
Regarding the Validity of Certain Motor Vehicle Registration Certificates
 
The New Jersey State Bar Association supports S-3424 (Diegnan)/A-1550 (Moriarty) which authorizes a surviving spouse or family member of a decedent to use the motor vehicle registration certificate of the decedent until the registration certificate expires.

The Association supports this proposed legislation because allowing surviving family members to operate a decedent’s vehicle until the expiration of the motor vehicle registration certificate will allow family members more time to complete the process of changing the motor vehicle registration, if necessary. This proposed legislation ultimately creates a beneficial change to the current law, which only allows for use of the decedent’s motor vehicle registration certificate for 30 days following the death of the decedent.

For the reasons set forth above, the New Jersey State Bar Association supports S-3424/A-1550 and urges you to vote yes to this proposed legislation.

 

DECEMBER 2022

The New Jersey State Bar Association supports S-1034 (Vitale)/A-1357 (Mosquera) which establishes the New Jersey Siblings’ Bill of Rights, as amended.

The association supports this bill as amended because it recognizes that the ability of siblings to share their views with the court about an appropriate placement plan for their siblings. Further, it puts them on the same footing as resource parents, who enjoy the right not only to be notified of permanency hearings, but who are also afforded a right to be heard in court. The opportunity of a sibling to participate in the permanency planning decisions of the other members of their family and to tell the court directly what the sibling’s wishes are will ensure better clarity of the child’s position on the permanency plan or other issues, and help to meet the goal of maintaining sibling relationships if appropriate and possible.

For the reasons set forth above, the New Jersey State Bar Association supports S-1034/A-1357 and urges you to vote yes to this proposed legislation.

NJ State Bar Association Letter Regarding S2696/A1309 – Requires law enforcement agency to provide copy of certain police reports to crime victims – Dec. 15, 2022

Statement for Senate Commerce Committee – The NJSBA Shares Concerns With S2989, Regarding For Profit Debt Adjusters – Dec. 15, 2022 

The New Jersey State Bar Association Supports A-3707/S-2395
Regarding the Task Force on Child Abuse and Neglect,
With a Friendly Amendment

The NJSBA supports A3707 (Coughlin)/S2395 (Scutari), which makes changes to the New Jersey Task Force on Child Abuse and Neglect and establishes caseload standards. The NJSBA believes the significant changes reflected in the bill will positively enhance New Jersey’s child welfare system. As the state’s largest legal organization, the NJSBA’s membership includes attorneys who have a wealth of practical experience and knowledge in all aspects of the child welfare system, including the history of the development of the law in this area. While the members enumerated in the bill that will make up the task force provide a number of perspectives, the NJSBA believes its membership can provide a unique and valuable viewpoint to the discussion and debate in which the task force will engage. For that reason, the NJSBA urges that it be included as a designated organization in the task force membership. Our members include attorneys with experience beyond child welfare matters and can offer practical recommendations and have useful insights into crossover areas of law such as domestic violence, family court, custody, criminal law and education issues. We believe our members would offer significant contributions to the critical work of the task force.

For these reasons, the NJSBA urges you to vote yes and to consider a friendly amendment to add an NJSBA representative to the task force.

The New Jersey State Bar Association Supports A-1550,
Regarding the Validity of Certain Motor Vehicle Registration Certificates

The New Jersey State Bar Association supports A1550 (Moriarty), which authorizes a surviving spouse or family member of a decedent to use the motor vehicle registration certificate of the decedent until the registration certificate expires.

The Association supports this proposed legislation because allowing surviving family members to operate a decedent’s vehicle until the expiration of the motor vehicle registration certificate will allow family members more time to complete the process of changing the motor vehicle registration, if necessary. This proposed legislation ultimately creates a beneficial change to the current law, which only allows for use of the decedent’s motor vehicle registration certificate for 30 days following the death of the decedent.

For the reasons set forth above, the New Jersey State Bar Association supports A1550 and urges you to vote yes to this proposed legislation.

 

 

NOVEMBER 2022

The New Jersey State Bar Association Supports S-1656,
Regarding Certified Copies of Death Certificates

The New Jersey State Bar Association supports S1656 (Pou)/ A2002 (Conaway) which requires the State registrar to permit county surrogates to provide a certified copy of a death certificate to an authorized person under certain circumstances.

The Association supports this proposed legislation because it allows a county surrogate to access and provide a certified death certificate to an authorized person who is engaged in receiving services from a county surrogate. This will allow county surrogates to give support to heirs-at-law and other authorized individuals to complete the probate process smoothly. This proposed legislation will be beneficial and convenient for both county surrogate offices and the people they serve.

For the reasons set forth above, the New Jersey State Bar Association supports S1656/A2002 and urges you to vote yes to this proposed legislation.

Statement for Senate Commerce Committee on S134 (Diegnan)/A3831 (Greenwald) – Revises law concerning partnerships, limited partnerships, and limited liability companies – Nov. 3, 2022

 

OCTOBER 2022

The New Jersey State Bar Association Supports S2395 (Scutari),
Regarding the Task Force on Child Abuse and Neglect,
With a Friendly Amendment

The NJSBA supports S2395 (Scutari)/A3707 (Coughlin), which makes changes to the New Jersey Task Force on Child Abuse and Neglect and establishes caseload standards. The NJSBA believes the significant changes reflected in the bill will positively enhance New Jersey’s child welfare system. As the state’s largest legal organization, the NJSBA’s membership includes attorneys who have a wealth of practical experience and knowledge in all aspects of the child welfare system, including the history of the development of the law in this area. While the members enumerated in the bill that will make up the task force provide a number of perspectives, the NJSBA believes its membership can provide a unique and valuable viewpoint to the discussion and debate in which the task force will engage. For that reason, the NJSBA urges that it be included as a designated organization in the task force membership. Our members include attorneys with experience beyond child welfare matters and can offer practical recommendations and have useful insights into crossover areas of law such as domestic violence, family court, custody, criminal law and education issues. We believe our members would offer significant contributions to the critical work of the task force.

For these reasons, the NJSBA urges you to vote yes and to consider a friendly amendment to add an NJSBA representative to the task force.

The New Jersey State Bar Association Supports A-1357,
Establishing the New Jersey Siblings’ Bill of Rights

The New Jersey State Bar Association supports A-1357 (Mosquera)/S-1034 (Vitale) which establishes the New Jersey Siblings’ Bill of Rights, as amended.

The association supports this bill as amended because it recognizes that the ability of siblings to share their views with the court about an appropriate placement plan for their siblings. Further, it puts them on the same footing as resource parents, who enjoy the right not only to be notified of permanency hearings, but who are also afforded a right to be heard in court. The opportunity of a sibling to participate in the permanency planning decisions of the other members of their family and to tell the court directly what the sibling’s wishes are will ensure better clarity of the child’s position on the permanency plan or other issues, and help to meet the goal of maintaining sibling relationships if appropriate and possible.

For the reasons set forth above, the New Jersey State Bar Association supports A-1357/S-1034 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-2438,
Regarding Parking Privileges for Disabled Veterans

The New Jersey State Bar Association supports A-2438 (Wirths)/S-660 (Oroho), which establishes that “100 percent Disabled Veterans” are not required to submit to the Motor Vehicle Commission (MVC) certain documentation to renew parking privileges.

The Association supports this proposed legislation because it improves efficiency in the process of renewing parking benefits for permanently disabled veterans. This bill will establish that permanently disabled veterans are only required to submit proof of disability on their first application for disability parking privileges through the MVC. Permanently disabled veterans will not be required to submit proof of disability on renewal applications, which will ultimately allow them to easily maintain the benefits that they have rightfully earned.

For the reasons set forth above, the New Jersey State Bar Association supports A-2438/S-660 and urges you to vote yes to this bill.

The New Jersey State Bar Association Supports A-325,
Regarding Motor Vehicle Operation for Out-of-State Military Families

The New Jersey State Bar Association supports A-325 (Dancer)/S-152 (Diegnan), which authorizes military service members, spouses, and dependents with out-of-state domiciles to operate motor vehicles in New Jersey.

The Association supports this proposed legislation because it allows military service members and their families that are from out-of-state to lawfully operate motor vehicles in New Jersey so long as certain conditions apply. This legislation eases the relocation process to New Jersey that service members and their families undergo by virtue of their service duties and removes an otherwise unnecessary hurdle in that process.

For the reasons set forth above, the New Jersey State Bar Association supports A-325/S-152 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-2351,
Regarding Elective Spousal Share

The New Jersey State Bar Association supports A-2351 (Mukherji)/S-2991 (Singleton), which permits a court to effectuate equitable distribution when a complaint for divorce or dissolution of a civil union has been filed and either party has died prior to a final judgement.

This bill codifies the holding in In the Matter of the Estate of Arthur Brown, Deceased, 448 N.J. Super. 252 (App. Div. 2017), cert. den. 230 N.J. 393. The Appellate Division held that despite the presence of a cause of action of divorce, the surviving spouse was not allowed to disclaim an elective share. This holding resolves an important issue regarding these matters where a spouse dies prior to a final judgment of a divorce and the surviving spouse is left without any entitlement to the deceased spouse’s estate. This legislation will simply provide a remedy for the division of the deceased spouse’s property.

For the reasons set forth above, the New Jersey State Bar Association supports A-2351/S-2991 and urges you to vote yes to this proposed legislation.


The New Jersey State Bar Association Supports A-4341/S-142,
Regarding The New Jersey Business Corporation Act

The New Jersey State Bar Association supports A4341 (Freiman)/S142 (Diegnan), which modernizes business filing statutes to include entity conversion and domestication.

The Association supports this proposed legislation which would modify applicable business filing statutes in the New Jersey Business Corporation Act to add domestication and conversion provisions across all business entity types. This proposed legislation will align New Jersey with many other states that allow entity conversion and domestication, which will ultimately be a positive measure in making New Jersey a more business-friendly State.

For the reasons set forth above, the New Jersey State Bar Association supports A4341/S142 and urges you to vote yes on this bill. 

The New Jersey State Bar Association Supports A3707 (Coughlin),
Regarding the Task Force on Child Abuse and Neglect,
With a Friendly Amendment

The NJSBA supports A3707 (Coughlin), which makes changes to the New Jersey Task Force on Child Abuse and Neglect and establishes caseload standards. The NJSBA believes the significant changes reflected in the bill will positively enhance New Jersey’s child welfare system. As the state’s largest legal organization, the NJSBA’s membership includes attorneys who have a wealth of practical experience and knowledge in all aspects of the child welfare system, including the history of the development of the law in this area. While the members enumerated in the bill that will make up the task force provide a number of perspectives, the NJSBA believes its membership can provide a unique and valuable viewpoint to the discussion and debate in which the task force will engage. For that reason, the NJSBA urges that it be included as a designated organization in the task force membership.  Our members include attorneys with experience beyond child welfare matters and can offer practical recommendations and have useful insights into crossover areas of law such as domestic violence, family court, custody, criminal law and education issues. We believe our members would offer significant contributions to the critical work of the task force.

For these reasons, the NJSBA urges you to vote yes and to consider a friendly amendment to add an NJSBA representative to the task force.  

NJSBA Statement on A1475 (criminal coercion in the realm of domestic violence) (Lopez)/S1809 Ruiz – Assembly Judiciary Committee – Oct. 17, 2022

The New Jersey State Bar Association Supports S-152/A-325,
Regarding Motor Vehicle Operation for Out-of-State Military Families

The New Jersey State Bar Association supports S-152 (Diegnan)/A-325 (Dancer), which authorizes military service members, spouses, and dependents with out-of-state domiciles to operate motor vehicles in New Jersey.

The Association supports this proposed legislation because it allows military service members and their families that are from out-of-state to lawfully operate motor vehicles in New Jersey so long as certain conditions apply. This legislation eases the relocation process to New Jersey that service members and their families undergo by virtue of their service duties and removes an otherwise unnecessary hurdle in that process.

For the reasons set forth above, the New Jersey State Bar Association supports S-152/A-325 and urges you to vote yes to this proposed legislation.

NJSBA Statement on A2351 (elective spousal share) (Mukherji) – Assembly Judiciary Committee – Oct. 17, 2022

 

SEPTEMBER 2022

The New Jersey State Bar Association Supports A-2438,
Regarding Parking Privileges for Disabled Veterans

The New Jersey State Bar Association supports A2438 (Wirths)/S660 (Oroho), which establishes that “100 percent Disabled Veterans” are not required to submit to the Motor Vehicle Commission (MVC) certain documentation to renew parking privileges.

The Association supports this proposed legislation because it improves efficiency in the process of renewing parking benefits for permanently disabled veterans. This bill will establish that permanently disabled veterans are only required to submit proof of disability on their first application for disability parking privileges through the MVC. Permanently disabled veterans will not be required to submit proof of disability on renewal applications, which will ultimately allow them to easily maintain the benefits that they have rightfully earned.

For the reasons set forth above, the New Jersey State Bar Association supports A2438/S660 and urges you to vote yes to this bill.

The NJ State Bar Association Shares Concerns With A1739 (McKeon)/S2989 (Pou) Regarding For-Profit Debt Adjusters – Sept. 14, 2022

The New Jersey State Bar Association Supports A-4341 (Freiman)/S-142 (Diegnan),
Regarding The New Jersey Business Corporation Act

The New Jersey State Bar Association supports A4341 (Freiman)/S142 (Diegnan), which modernizes business filing statutes to include entity conversion and domestication.

The Association supports this proposed legislation which would modify applicable business filing statutes in the New Jersey Business Corporation Act to add domestication and conversion provisions across all business entity types. This proposed legislation will align New Jersey with many other states that allow entity conversion and domestication, which will ultimately be a positive measure in making New Jersey a more business-friendly State.

For the reasons set forth above, the New Jersey State Bar Association supports A4341/S142 and urges you to vote yes to this proposed legislation.

 

JUNE 2022

The NJ State Bar Association Urges Reconsideration of S2253 (Scutari)/A3656 (Stanley),
Limiting Fees Charged For Copies of Medical and Billing Records

The NJ State Bar Association expresses concerns about the clarifications offered in S2253/A3656 and urges further review of this bill to ensure its conformance with federal law, and its fairness in application to all parties. The bill limits the fees charged for copies of medical and billing records. The NJSBA supports the underlying aim of this bill to clarify access to these records, but recommends review of the bill to (1) ensure conformance with the federal Healthcare Insurance Portability and Accountability Act (HIPAA), (2) clarify the universe of records covered in the bill, and (3) create fairness in access to these records among all of the parties to avoid offsetting costs to the parties not covered under this bill, but entitled to access of these documents.

For these reasons, the NJSBA urges reconsideration of this bill and urges you to vote no.

NJ State Bar Association Letter on S2253/A3656 regarding medical records fees – June 22, 2022

New Jersey State Bar Association Letter on S1427/A793 regarding the “Community Wealth Preservation Program” – June 27, 2022

The New Jersey State Bar Association Supports A-1169,
Regarding Discrimination Prevention Training for Service Providers to Senior Citizens

The New Jersey State Bar Association supports A1169 (Jasey)/S1459 (Codey) which requires discrimination training for certain providers of services to senior citizens.

The Association supports this proposed legislation because it would help prevent discrimination on the basis of sexual orientation, gender identity, or gender expression in the delivery of services to senior citizens in New Jersey. This bill would require that those licensed or certified to provide services or support to senior citizens will undergo anti-discrimination training, which will ultimately help ensure that LGBTQ+ seniors are given equal access to the services provided to senior citizens in New Jersey.

For the reasons set forth above, the New Jersey State Bar Association supports A1169/S1459 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-2256,
Regarding Home and Community-Based Services for Military Families

The New Jersey State Bar Association supports S875 (Singer)/A2256 (Murphy), which requires the Division of Medical Assistance and Health Services in the DHS to accept a permanent change of station order for purposes of satisfying the residency requirement for provision of home and community-based services under certain circumstances.

The Association supports this proposed legislation because it provides that military servicemembers and their families who are relocated to duty stations in New Jersey can qualify for home and community-based services under the Division of Medical Assistance and Health Services. This bill is important to ensure that servicemembers stationed in New Jersey by virtue of their assignment in the military are given access to certain accommodations that are afforded to New Jerseyans despite their residency in another state.

For the reasons set forth above, the New Jersey State Bar Association supports S875/A2256 and urges you to vote yes to this bill.

The New Jersey State Bar Association Supports S-142,
Regarding The New Jersey Business Corporation Act

The New Jersey State Bar Association supports S142 (Diegnan), which modernizes business filing statutes to include entity conversion and domestication.

The Association supports this proposed legislation which would modify applicable business filing statutes in the New Jersey Business Corporation Act to add domestication and conversion provisions across all business entity types. This proposed legislation will align New Jersey with many other states that allow entity conversion and domestication, which will ultimately be a positive measure in making New Jersey a more business-friendly State.

For the reasons set forth above, the New Jersey State Bar Association supports S142 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-1169,
Regarding Discrimination Prevention Training for Service Providers to Senior Citizens

The New Jersey State Bar Association supports A1169 (Jasey)/S1459 (Codey) which requires discrimination training for certain providers of services to senior citizens.

The Association supports this proposed legislation because it would help prevent discrimination on the basis of sexual orientation, gender identity, or gender expression in the delivery of services to senior citizens in New Jersey. This bill would require that those licensed or certified to provide services or support to senior citizens will undergo anti-discrimination training, which will ultimately help ensure that LGBTQ+ seniors are given equal access to the services provided to senior citizens in New Jersey.

For the reasons set forth above, the New Jersey State Bar Association supports A1169/S1459 and urges you to vote yes to this proposed legislation.
   

 

MAY 2022

The New Jersey State Bar Association Supports A-2002,
Regarding Certified Copies of Death Certificates

The New Jersey State Bar Association supports A2002 (Conaway)/S1656 (Pou) which requires the State registrar to permit county surrogates to provide a certified copy of a death certificate to an authorized person under certain circumstances.

The Association supports this proposed legislation because it allows a county surrogate to access and provide a certified death certificate to an authorized person who is engaged in receiving services from a county surrogate. This will allow county surrogates to give support to heirs-at-law and other authorized individuals to complete the probate process smoothly. This proposed legislation will be beneficial and convenient for both county surrogate offices and the people they serve.

For the reasons set forth above, the New Jersey State Bar Association supports A2002/S1656 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-325,
Regarding Motor Vehicle Operation for Out-of-State Military Families

The New Jersey State Bar Association supports A-325 (Dancer)/S-152 (Diegnan), which authorizes military service members, spouses, and dependents with out-of-state domiciles to operate motor vehicles in New Jersey.

The Association supports this proposed legislation because it allows military service members and their families that are from out-of-state to lawfully operate motor vehicles in New Jersey so long as certain conditions apply. This legislation eases the relocation process to New Jersey that service members and their families undergo by virtue of their service duties and removes an otherwise unnecessary hurdle in that process.

For the reasons set forth above, the New Jersey State Bar Association supports A-325/S-152 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-333,
Concerning Animal Cruelty Violations

The New Jersey State Bar Association supports S-333 (Singleton)/A-2826 (Murphy),  designated as “Moose’s Law”, which prohibits persons convicted of criminal animal cruelty offenses from owning domestic companion animals and from working or volunteering at animal related enterprises.

The Association supports this proposed legislation, as amended, because it reflects a balanced approach to animal cruelty offenses with penalties based on the nature and severity of the crime. This legislation is an important measure to ensure that individuals convicted of significant criminal animal cruelty offenses are prohibited from owning or working with animals.

For the reasons set forth above, the New Jersey State Bar Association supports S-333/A-2826 and urges you to vote yes to this proposed legislation.

 

The New Jersey State Bar Association Supports S-142,
Regarding The New Jersey Business Corporation Act

The New Jersey State Bar Association supports S142 (Diegnan), which modernizes business filing statutes to include entity conversion and domestication.

The Association supports this proposed legislation which would modify applicable business filing statutes in the New Jersey Business Corporation Act to add domestication and conversion provisions across all business entity types. This proposed legislation will align New Jersey with many other states that allow entity conversion and domestication, which will ultimately be a positive measure in making New Jersey a more business-friendly State.

For the reasons set forth above, the New Jersey State Bar Association supports S142 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-1550,
Regarding the Validity of Certain Motor Vehicle Registration Certificates

The New Jersey State Bar Association supports A1550 (Moriarty), which authorizes a surviving spouse or family member of a decedent to use the motor vehicle registration certificate of the decedent until the registration certificate expires.

The Association supports this proposed legislation because allowing surviving family members to operate a decedent’s vehicle until the expiration of the motor vehicle registration certificate will allow family members more time to complete the process of changing the motor vehicle registration, if necessary. This proposed legislation ultimately creates a beneficial change to the current law, which only allows for use of the decedent’s motor vehicle registration certificate for 30 days following the death of the decedent.

For the reasons set forth above, the New Jersey State Bar Association supports A1550 and urges you to vote yes to this proposed legislation.

 

 

APRIL 2022

The New Jersey State Bar Association Supports S333 (Singleton) / A2826 (Murphy) “Moose’s Law”

Letter to Senator Troy Singleton and Assemblywomen Carole A. Murphy is support of  S333/A2826 which prohibits persons convicted of criminal animal cruelty offenses from owning domestic companion animals and from working or volunteering at animal-related enterprises; designated as “Moose’s Law.”

MARCH 2022

The New Jersey State Bar Association Supports S-152,
Regarding Motor Vehicle Operation for Out-of-State Military Families

The New Jersey State Bar Association supports S-152 (Diegnan)/A-325 (Dancer) which authorizes military service members, spouses, and dependents with out-of-state domicile to operate motor vehicles in New Jersey.

The Association supports this proposed legislation because it allows military service members and their families that are from out-of-state to lawfully operate motor vehicles in New Jersey so long as certain conditions apply. This legislation eases the relocation process that service members and their families undergo in New Jersey by virtue of their service duties and removes an otherwise unnecessary hurdle in that process.

For the reasons set forth above, the New Jersey State Bar Association supports S152/A325 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-1656,
Regarding Certified Copies of Death Certificates

The New Jersey State Bar Association supports S1656 (Pou)/A2002 (Conaway) which requires the State registrar to permit county surrogates to provide a certified copy of a death certificate to an authorized person under certain circumstances.

The Association supports this proposed legislation because it allows a county surrogate to access and provide a certified death certificate to an authorized person who is engaged in receiving services from a county surrogate. This will allow county surrogates to give support to heirs-at-law and other authorized individuals to complete the probate process smoothly. This proposed legislation will be beneficial and convenient for both county surrogate offices and the people they serve.

For the reasons set forth above, the New Jersey State Bar Association supports S1656/A2002 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports A-2002,
Regarding Certified Copies of Death Certificates


The New Jersey State Bar Association supports A2002 (Conaway)/S1656 (Pou) which requires the State registrar to permit county surrogates to provide a certified copy of a death certificate to an authorized person under certain circumstances.

The Association supports this proposed legislation because it allows a county surrogate to access and provide a certified death certificate to an authorized person who is engaged in receiving services from a county surrogate. This will allow county surrogates to give support to heirs-at-law and other authorized individuals to complete the probate process smoothly. This proposed legislation will be beneficial and convenient for both county surrogate offices and the people they serve.

For the reasons set forth above, the New Jersey State Bar Association supports A2002/S1656 and urges you to vote yes to this proposed legislation.

The New Jersey State Bar Association Supports S-875,
Regarding Home and Community-Based Services for Military Families

The New Jersey State Bar Association supports S875 (Singer)/A2256 (Murphy), which requires the Division of Medical Assistance and Health Services in the DHS to accept a permanent change of station order for purposes of satisfying the residency requirement for provision of home and community-based services under certain circumstances.

The Association supports this proposed legislation because it provides that military servicemembers and their families who are relocated to duty stations in New Jersey can qualify for home and community-based services under the Division of Medical Assistance and Health Services. This bill is important to ensure that servicemembers stationed in New Jersey by virtue of their assignment in the military are given access to certain accommodations that are afforded to New Jerseyans despite their residency in another state.

For the reasons set forth above, the New Jersey State Bar Association supports S875/A2256 and urges you to vote yes to this bill.

 

FEBRUARY 2022

The New Jersey State Bar Association Supports S-660,
Regarding Parking Privileges for Disabled Veterans

The New Jersey State Bar Association supports S660 (Oroho)/A2438 (Wirths), which establishes that “100 percent Disabled Veterans” are not required to submit to the MVC certain documentation to renew parking privileges.

The Association supports this proposed legislation because it improves efficiency in the process of renewing parking benefits for permanently disabled veterans. This bill will establish that permanently disabled veterans are only required to submit proof of disability on their first application for disability parking privileges through the Motor Vehicle Commission. Permanently disabled veterans will not be required to submit proof of disability on renewal applications, which will ultimately allow them to easily maintain the benefits that they have rightfully earned.

For the reasons set forth above, the New Jersey State Bar Association supports S660/A2438 and urges you to vote yes to this bill.

The New Jersey State Bar Association Supports S-875,
Regarding Home and Community-Based Services for Military Families 

The New Jersey State Bar Association supports S875 (Singer)/A2256 (Murphy), which requires the Division of Medical Assistance and Health Services in the DHS to accept a permanent change of station order for purposes of satisfying the residency requirement for provision of home and community-based services under certain circumstances.

The Association supports this proposed legislation because it provides that military servicemembers and their families who are relocated to duty stations in New Jersey can qualify for home and community-based services under the Division of Medical Assistance and Health Services. This bill is important to ensure that servicemembers stationed in New Jersey by virtue of their assignment in the military are given access to certain accommodations that are afforded to New Jerseyans despite their residency in another state.

For the reasons set forth above, the New Jersey State Bar Association supports S875/A2256 and urges you to vote yes to this bill.

 

JANUARY 2022

The New Jersey State Bar Association Supports S3594 (Singleton)/A5509 (Zwicker),
Regarding Discrimination in Calculations for Lost or Impaired Earnings

The NJ State Bar Association supports S3594/A5509, as amended, which provides that calculations for lost or impaired earnings capacity not be reduced based on class, trait or characteristic protected under the New Jersey’s Law Against Discrimination in certain lawsuits.

The bill will serve to prohibit discriminatory calculations based on certain protected traits arising from certain civil actions. As amended, the bill incorporates language from the Law Against Discrimination to be more inclusive and alleviate confusion in its applicability. Passage of this bill would increase fairness in the administration of justice to all citizens.

For the reasons stated above, the NJ State Bar Association supports this bill and urges you to vote yes.

The New Jersey State Bar Association Supports S844 (Pou)/A4635 (Zwicker),
Regarding Financial Reporting Requirements for Charitable Organizations

The NJ State Bar Association supports S844/A4635, which revises financial reporting requirements for charitable organizations and excludes non-monetary in-kind donations from gross revenue for the purpose of reporting requirements.

This proposed legislation would increase the filing threshold for an audited statement while excluding in-kind contributions. This would be an appropriate lessening of the regulatory burden on not-for-profit companies, which often have limited staff and resources.

For the reasons set forth above, the NJ State Bar Association supports this bill and urges you to vote yes.     

The New Jersey State Bar Association Supports S4219 (Cryan)/A6171 (Quijano)
Creating the Office of Information Privacy

The NJSBA supports this important bill, which implements the protections afforded to judges, prosecutors, law enforcement officers and their immediate family members. It creates an Office of Information Privacy to ensure that personal information of these individuals is shielded from the public.

This bill carries out the purpose of Daniel’s Law, which was signed into law following a horrific attack on a sitting judge at her own home by a disgruntled attorney. This attack was a wake-up call that the independence of the judiciary could be at risk. The passage of this bill is important to ensure that the protections contained within Daniel’s Law may be carried out to prohibit the publication of personal information of judges, prosecutors, law enforcement and their families.

For the above-referenced reasons, the NJSBA urges you to vote yes on this important bill.

The New Jersey State Bar Association Urges Reconsideration of S-1149/A-2877,
Requiring Registration of Certain Vacant and Abandoned Lots

The NJSBA expresses concerns with S1149 (Ruiz)/A2877 (Dancer) regarding the registration for vacant and abandoned properties. This bill is well intended, but overlaps significantly with other statutes and regulations such that the passage of this particular legislation may cause confusion and ultimately complicate the true intent of this bill.

Municipalities have a mechanism imposed on a creditor or a local agent of the creditor the responsibility for the care, maintenance, security and upkeep of the exterior of the vacant and abandoned residential property. N.J.S. 40:48-2.12s. Lenders are also required to notify the mayor and municipal clerk of a pending foreclosure on a residential property and provide contact information for a representative of the creditor who is responsible for receiving complaints of property maintenance and code violations. N.J.S. 46:10B-51. Similar notification is required for the owner of a non-owner occupied residential property that has been taken over as a result of a sheriff’s sale or deed in lieu of foreclosure. N.J.S. 10B-51.1. Finally, the NJ Urban Redevelopment Act (N.J.S. 55:19-20, et seq.) and the Abandoned Properties Rehabilitation Act (N.J.S. 55:19-78, et seq.), both allow municipalities to classify and rehabilitate abandoned properties and place liens on realty. This allows municipalities to remediate vacant and abandoned properties without the need for a lender to take title.

For the reasons set forth above, the New Jersey State Bar Association urges you to vote no on this bill.

The New Jersey State Bar Association Supports A-5673/S-3707,
Regarding the Purposeful Transmission of Infectious or Communicable Diseases

The New Jersey State Bar Association supports A5673 (Vainieri Huttle)/S3707 (Vitale), which makes it a disorderly persons offense to purposely transmit an infectious or communicable disease by engaging in act of sexual penetration under certain circumstances.

The proposed legislation will reduce the bias against and unfair treatment of LGBTQ+ individuals because it removes the statute’s separate provision for HIV and AIDS and makes all records of such proceedings confidential. This will ultimately help prevent the unfair targeting of LGBTQ+ individuals based on harmful stereotypes. Furthermore, this legislation is a substantial development in ensuring all people are protected from unjust convictions by requiring specific intent and actual transmission of disease to find a person guilty.

For the reasons set forth above, the New Jersey State Bar Association supports A5673/S3707 and urges you to vote yes to this bill.

The New Jersey State Bar Association Supports S-384/A-1964 and S-386/A-1763
Mandating Domestic Violence Training

The New Jersey State Bar Association applauds the sponsors of S384 (Weinberg)/A1964 (Stanley) and S386 (Weinberg)/A1763 (Munoz), which expands training programs for judges, judicial personnel, assistant county prosecutors, law enforcement officers and municipal prosecutors. Any additional training to better and more efficiently work with individuals involved in domestic violence matters will only serve to improve the handling of these matters.

This proposed legislation reflects the recommendations contained in the June 2016 Report of the Supreme Court Ad Hoc Committee on Domestic Violence. The Committee was charged with examining the current system and held collaborative sessions with stakeholders in order to make recommendations on the handling of domestic violence matters.

This bill serves an important role in the protection of our citizens from domestic violence and encourages a broader understanding of the needs of these individuals. The NJSBA urges you to vote yes to S384/A1964 and S386/A1763.

 

DECEMBER 2021

The New Jersey State Bar Association Supports A-2350/S-914,
Creating a Program To Permit Community Service in Lieu of Payment for Motor Vehicle Surcharges

The New Jersey State Bar Association supports A2350 (Verrelli)/S914 (Rice), which establishes the “Motor Vehicle Community Service Program” to allow certain applicants to perform community service in lieu of paying motor vehicle surcharges.

The Association supports this proposed legislation because it makes available an alternative to qualified applicants with limited financial means to perform community service in lieu of paying motor vehicle surcharges. The bill ultimately provides fairness to those who have limited financial means to pay motor vehicle surcharges.

For the reasons set forth above, the New Jersey State Bar Association supports A2350/S914 and urges you to vote yes on this bill.

The New Jersey State Bar Association Supports A-4635/S-844,
Regarding Financial Reporting Requirements for Charitable Organizations

The New Jersey State Bar Association supports A4635 (Zwicker)/S844 (Pou), which revises financial reporting requirements for charitable organizations and excludes non-monetary in-kind donations from gross revenue for the purpose of reporting requirements.

This proposed legislation would increase the filing threshold for an audited statement while excluding in-kind contributions. This would be an appropriate lessening of the regulatory burden on not for profit companies, which often have limited staff and resources.

For the reasons set forth above, the New Jersey State Bar Association supports A4635/S844 and urges you to vote yes on this bill.

The New Jersey State Bar Association Supports A-5741/S-241/S-491,
Concerning Eligibility, Procedures, and Post-Program Relief for Certain Drug or Alcohol Dependent Persons

The New Jersey State Bar Association supports A5741 (Mukherji)/S241 (Scutari)/S491 (Brown), which concerns eligibility, procedures, and post-program relief for certain drug or alcohol dependent persons sentenced to special probation, or regular probation which as a condition of such requires substance use disorders treatment.

The Association supports this proposed legislation because it is a positive step toward ultimately increasing the accessibility of addiction rehabilitation treatment, which will further increase the number of individuals who can obtain addiction rehabilitation treatment.

For the reasons set forth above, the New Jersey State Bar Association supports A5741/S241/S491 and urges you to vote yes on this bill.

The New Jersey State Bar Association Supports S-1604/A-2808,
Regarding Certification of Diligent Inquiry in Residential Mortgage Foreclosure Actions

The New Jersey State Bar Association supports S1604 (Codey)/A2808 (Schaer), which requires a certification of diligent inquiry in residential mortgage foreclosure actions to be filed by attorneys.

The Association supports this proposed legislation as currently written because it supplements the “Fair Foreclosure Act,” codifying the aspects of New Jersey Court Rule 4:64-1 regarding certifications of diligent inquiry.

For the reasons set forth above, the New Jersey State Bar Association supports S1604/A2808 and urges you to vote yes to this legislation.

The New Jersey State Bar Association Supports S-2817/A-4624,
Allowing Those in Active Duty Military to Claim Preference for Civil Service

The New Jersey State Bar Association supports S2817 (Gopal)/A4624 (Downey), which allows active duty service members to provide a document other than a DD-214 when claiming a veterans’ preference for civil service.

The Association supports this proposed legislation because it will help active duty service members seeking veterans’ preferences for civil service purposes as they anticipate their discharge from active duty. The bill ultimately provides active duty service members the opportunity to begin the process of securing a veterans’ preference on a civil service application before receipt of a DD-214, making for a smoother transition from active duty to civil service.

For the reasons set forth above, the New Jersey State Bar Association supports S2817/A4624 and urges you to vote yes to this legislation.

The New Jersey State Bar Association Supports A-1964/S-384,
Mandating Domestic Violence Training

The New Jersey State Bar Association applauds the sponsors of A1964/S384, which expands training programs for judges, judicial personnel, assistant county prosecutors and law enforcement officers. Any additional training to better and more efficiently work with individuals involved in domestic violence matters will only serve to improve the handling of these matters.

This proposed legislation reflects the recommendations contained in the June 2016 Report of the Supreme Court Ad Hoc Committee on Domestic Violence. The Committee was charged with examining the current system and held collaborative sessions with stakeholders in order to make recommendations on the handling of domestic violence matters.

This bill serves an important role in the protection of our citizens from domestic violence and encourages a broader understanding of the needs of these individuals. The NJSBA urges you to vote yes to A1964/S384.

The NJ State Bar Association Urges Reconsideration of S1149/A2877,
Requiring Registration of Certain Vacant and Abandoned Lots

The NJSBA expresses concerns with S1149 (Ruiz)/A2877 (Dancer) regarding the registration for vacant and abandoned properties. This bill is well intended, but overlaps significantly with other statutes and regulations such that the passage of this particular legislation may cause confusion and ultimately complicate the true intent of this bill.

Municipalities have a mechanism imposed on a creditor or a local agent of the creditor the responsibility for the care, maintenance, security and upkeep of the exterior of the vacant and abandoned residential property. N.J.S. 40:48-2.12s. Lenders are also required to notify the mayor and municipal clerk of a pending foreclosure on a residential property and provide contact information for a representative of the creditor who is responsible for receiving complaints of property maintenance and code violations. N.J.S. 46:10B-51. Similar notification is required for the owner of a non-owner occupied residential property that has been taken over as a result of a sheriff’s sale or deed in lieu of foreclosure. N.J.S. 10B-51.1. Finally, the NJ Urban Redevelopment Act (N.J.S. 55:19-20, et seq.) and the Abandoned Properties Rehabilitation Act (N.J.S. 55:19-78, et seq.), both allow municipalities to classify and rehabilitate abandoned properties and place liens on realty. This allows municipalities to remediate vacant and abandoned properties without the need for a lender to take title.

For the reasons set forth above, the New Jersey State Bar Association urges you to reconsider this legislation.

The New Jersey State Bar Association Supports S-3416,
Which Codifies Marriage Equality in the Statutes

The New Jersey State Bar Association supports S3416 (Sweeney)/A5367 (Vainieri Huttle), which codifies marriage equality in the statutes.

The Association supports this proposed legislation because it codifies marriage equality in New Jersey statutes. As of now, the right to marry emanates from a decision by the Hon. Mary Jacobson, who issued a ruling in Garden State Equality v. Dow, 434 N.J. Super. 163 (Law Div. 2013) that prohibiting same-sex marriages violated the equal protection guarantee of the New Jersey Constitution. Judge Jacobson’s issuance of a summary judgement motion in Dow is the basis of the right of marriage equality today. The bill would codify this right and amend the marriage statute to be gender neutral.

For the reasons set forth above, the New Jersey State Bar Association supports S3416/A5367 and urges you to vote yes to this legislation.

The New Jersey State Bar Association Supports A-4635,
Regarding Financial Reporting Requirements for Charitable Organizations

The New Jersey State Bar Association supports A4635 (Zwicker)/S844 (Pou), which revises financial reporting requirements for charitable organizations and excludes non-monetary non-monetary in-kind donations from gross revenue for the purpose of reporting requirements.

This proposed legislation would increase the filing threshold for an audited statement while excluding in-kind contributions. This would be an appropriate lessening of the regulatory burden on not for profit companies, which often have limited staff and resources.

For the reasons set forth above, the New Jersey State Bar Association supports A4635/S844 and urges you to vote yes to this legislation.

The New Jersey State Bar Association Supports A-2350,
Creating a Program To Permit Community Service in Lieu of Payment for Motor Vehicle Surcharges

The New Jersey State Bar Association supports A2350 (Verrelli)/S914 (Rice), which establishes the “Motor Vehicle Community Service Program” to allow certain applicants to perform community service in lieu of paying motor vehicle surcharges.

The Association supports this proposed legislation because it makes available an alternative to qualified applicants with limited financial means to perform community service in lieu of paying motor vehicle surcharges. The bill ultimately provides fairness to those who have limited financial means to pay motor vehicle surcharges.

For the reasons set forth above, the New Jersey State Bar Association supports A2350/S914 and urges you to vote yes to this legislation.

The New Jersey State Bar Association Supports A-693,
Regarding an Expansion in the Role of Temporary Guardian

The New Jersey State Bar Association supports A693 (Sumter)/S2316 (Rice), which expands the role of temporary guardian to include arranging the placement of an alleged incapacitated person in an appropriate, less restrictive environment.

Under current law, the pendente lite temporary guardian is given broad authority to arrange for temporary accommodations determined to be necessary to deal with the individual’s critical needs, which include but is not limited to their personal property, assets, housing, etc. Accordingly, this bill adds to that authority by explicitly authorizing a pendente lite temporary guardian to move an alleged incapacitated person into a more appropriate, less restrictive and more cost effective environment than the individual’s current one. In addition, the bill grants authority to the pendente lite temporary guardian to arrange for payments, from the estate, of the services provided to the alleged incapacitated individual. The Association supports this proposed legislation as a positive development that will allow more people in these situations to get the help they need.

For the reasons set forth above, the New Jersey State Bar Association supports A693/S2316 and urges you to vote yes to this legislation.

The New Jersey State Bar Association Supports A-5367/S-3416,
Which Codifies Marriage Equality in the Statutes

The New Jersey State Bar Association supports A5367 (Vainieri Huttle)/S3416 (Sweeney), which codifies marriage equality in the statutes.

The Association supports this proposed legislation because it codifies marriage equality in New Jersey statutes. As of now, the right to marry emanates from a decision by the Hon. Mary Jacobson, who issued a ruling in Garden State Equality v. Dow, 434 N.J. Super. 163 (Law Div. 2013) that prohibiting same-sex marriages violated the equal protection guarantee of the New Jersey Constitution. Judge Jacobson’s issuance of a summary judgement motion in Dow is the basis of the right of marriage equality today. The bill would codify this right and amend the marriage statute to be gender neutral.

For the reasons set forth above, the New Jersey State Bar Association supports A5367/S3416 and urges you to vote yes on this bill.

The New Jersey State Bar Association Supports A-5673,
Regarding the Purposeful Transmission of Infectious or Communicable Diseases

The New Jersey State Bar Association supports A5673 (Vainieri Huttle)/S3707 (Vitale), which makes it a disorderly persons offense to purposely transmit an infectious or communicable disease by engaging in act of sexual penetration under certain circumstances.

The proposed legislation will reduce the bias against and unfair treatment of LGBTQ+ individuals because it removes the statute’s separate provision for HIV and AIDS and makes all records of such proceedings confidential. This will ultimately help prevent the unfair targeting of LGBTQ+ individuals based on harmful stereotypes. Furthermore, this legislation is a substantial development in ensuring all people are protected from unjust convictions by requiring specific intent and actual transmission of disease to find a person guilty.

For the reasons set forth above, the New Jersey State Bar Association supports A5673/S3707 and urges you to vote yes to this legislation.

The New Jersey State Bar Association Supports S-1265,
Expanding Crimes Constituting Bias Intimidation

The New Jersey State Bar Association supports S1265 (Beach)/A724 (Johnson), which includes the crime of creating false public alarms as form of bias intimidation.

The Association supports this proposed legislation because it will ultimately help to further deter bias crimes by enhancing the degree of the crime of creating a false public alarm if it is found to be part of bias intimidation. False public alarms, including swatting and bomb threats, are not covered under current New Jersey law, but are, unfortunately, common occurrences throughout the country. The bill will help to further prevent targeted discrimination against an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity. This bill is a significant measure given the detrimental impact that false public alarms have had on communities throughout New Jersey.

For the reasons set forth above, the New Jersey State Bar Association supports S1265/A724 and urges you to vote yes to this legislation.

The New Jersey State Bar Association Supports A-5741,
Concerning Eligibility, Procedures, and Post-Program Relief for Certain Drug or Alcohol Dependent Persons

The New Jersey State Bar Association supports A5741 (Mukherji)/S241 (Scutari)/S491 (Brown), which concerns eligibility, procedures, and post-program relief for certain drug or alcohol dependent persons sentenced to special probation, or regular probation which as a condition of such requires substance use disorders treatment.

The Association supports this legislation because it is a positive step toward ultimately increasing the accessibility of addiction rehabilitation treatment, which will further increase the number of individuals who can obtain addiction rehabilitation treatment.

For the reasons set forth above, the New Jersey State Bar Association supports A5741/S241/S491 and urges you to vote yes to this legislation.

 

NOVEMBER 2021

The NJSBA Supports A-1964/S-384, A-1770/S-385 and A-1763/S-386,
Mandating Domestic Violence Training

The New Jersey State Bar Association applauds the sponsors of A1964/S384, A1770/S385 and A1763/S386, which establishes training programs for judges, judicial personnel, county prosecutors and municipal prosecutors. Any additional training to better and more efficiently work with individuals involved in domestic violence matters will only serve to improve the handling of these matters.

These bills reflect the recommendations contained in the June 2016 Report of the Supreme Court Ad Hoc Committee on Domestic Violence. The Committee was charged with examining the current system and held collaborative sessions with stakeholders in order to make recommendations on the handling of domestic violence matters.

These bills serve an important role in the protection of our citizens from domestic violence and encourages a broader understanding of the needs of these individuals. The NJSBA urges you to vote yes on these bills.

About


Founded in 1899, the NJSBA is the largest organization of attorneys, judges and legal professionals in New Jersey. At the core of our mission is improving the lives of our members, advancing the rule of law and serving as the voice of the profession. With 85 sections and committees, the NJSBA allows attorney to benefit from being part of the most wide-reaching legal association in the state, while still cultivating expertise and building networks within specialized practice areas.

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Diversity


The New Jersey State Bar Association is committed to promoting and fostering a diverse and inclusive bar association. The Association recognizes that the broad concept of diversity includes race, ethnicity, gender, gender identity, sexual orientation, religion, age and disability. The NJSBA fosters and promotes an inclusive environment that gives value to the unique contributions of diverse individuals and organizations in all aspects of the Association.

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The NJSBA Legal and  Government Affairs Department serves as the liaison between NJSBA members and the state’s three branches of government.

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The New Jersey Law Center is located at 1 Constitution Sq, New Brunswick, NJ, 08901. Need directions to the Law Center? Click on the button below to get started right away.

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NJSBA Meetings and Events Calendar


From section, committee and division meetings with valuable CLE credit, to receptions and dinners and special events, the New Jersey State Bar Association regularly holds meetings so our members can meet their mandatory CLE requirements and network with the state’s largest attorney membership.

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2024 Family Law Retreat


The New Jersey State Bar Association is thrilled to announce the 2024 Family Law Retreat will be held in Costa Rica!

For more information, or to register today, visit the links below:

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2024 Annual Meeting & Convention


The New Jersey State Bar Association is thrilled to announce the 2024 Annual Meeting & Convention will be held at the Borgata Hotel, Casino & Spa May 15-17

For more information, or to register today, visit the links below:

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Practice HQ Training Events


Lawyers aren't taught practice management skills, and the NJSBA is here to fill the gap — no matter whether you are just starting out, mid-career or thinking about wrapping up their practices. Our PracitceHQ is here to help with webinars, informative articles, free consultations, comparison charts and so much more.

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The new NJSBA member benefit Decisis will help you level-up your legal research.

Decisis gives members access to a robust database of local and federal case law is necessary information often used to structure your case. Decisis provides industry-leading tools to make legal research easier and more intuitive, and it’s a free benefit to all active New Jersey State Bar Association members.

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The NJSBA provides a host of networking events so members can maintain relationships with existing colleagues and make new connects. Join us at a baseball game, the hockey arena, for a community service project, or another event.

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Benefits Of Membership


As a member of the New Jersey State Bar Association (NJSBA), you will join a powerful network of 16,000 legal professionals across the state of New Jersey. NJSBA membership grants you access to year-round virtual and in-person networking events, leadership and professional development opportunities, member-only discounts, educational resources to help you stay in the know and much more!

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The NJSBA provides tools lawyers need to improve their practice, from our comprehensive PracticeHQ library of resources; a career center to find your next colleague or opportunity; an intuitive and high-powered legal research platform; and a robust Member Assistance Program to connect members, and those who live in their households, with experienced counselors and resources to address mental health needs.

 

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As an NJSBA member, you'll become part of the collective power of the NJSBA network, giving you the ability to influence legislation and caselaw in New Jersey. Let’s work together to shape the future and solve critical issues facing attorneys and the public.

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Membership helps you build and maintain a powerful network through our in-person and online events with attorneys all over the state.

 

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The New Jersey State Bar Association (NJSBA) offers an exclusive partnership opportunity to amplify your organization’s impact and drive success. By harnessing the power of the NJSBA legal community, you can connect with our vibrant network of 16,000 legal professionals from 35+ different areas of practice, unlocking unparalleled opportunities for growth and achievement.

 

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Learn more about the accomplishments of the Association, its members and events from regular news updates, press releases, and our award-winning magazine.


 

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Read the comments, reports, resolutions and Board of Trustee news from the state’s largest organization of lawyers, judges and legal professionals.


 

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The NJSBA is the voice of the profession and takes public positions on a range of issues with the legal community and government officials. It also takes positions on legislation and files friend-of-the-court briefs on matters that impact the profession. 

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