NJSBA
Board of Trustees
Report of July 29, 2022
Pathway for reinstatement: The trustees voted to support the concept of a potential path for attorneys to be reinstated following disbarment, pending the development of policies and rules on the issue. The position aligns with the NJSBA’s amicus work in In re Wade and others. In that case, it was recommended that Wade be disbarred for knowing misappropriation of client and escrow funds from her attorney trust account. The NJSBA asked the Court to clarify the Wilson automatic disbarment rule to limit its application to situations where there is a clear intent to steal or defraud, as opposed to situations where trust accounting errors or insufficiencies are alleged. While declining to revisit the application of Wilson, the Court called for the exploration of a path for reinstatement, as is permitted in a majority of other states.
The vote supported the NJSBA’s Putting Lawyers First Task Force recommendation to formally endorse examining pathways back from disbarment in some situations. The position was also shared with the newly formed state Supreme Court committee tasked with studying disbarment reform in New Jersey. NJSBA President Jeralyn L. Lawrence was selected as a member of that committee in June.
Government affairs: The Board voted to support the following bills in the state Legislature:
• A322 Dancer, which would establish a veterans’ affordable housing preference and authorizes bonus fair share credit for veterans’ affordable housing. The Board supported the bill and said it would encourage sponsors to add Coast Guard veterans as an eligible group.
• A2549 Murphy / S1353 Turner, a bill that requires consumer reporting agencies to increase protection of consumers’ personal information.
• S2733 Scutari, a bill that authorizes a judge in a worker’s compensation dispute to allow the testimony from the petitioner and other witnesses in lieu of an appearance in open court, with the consent of the parties.
• A4137 Thomson, which would remove the 72-hour waiting period for marriage or civil union licenses
ABA resolutions: The Board supported seven resolutions that were scheduled to be considered at the American Bar Association’s House of Delegates gathering at the Annual Meeting. The NJSBA backed the resolutions, in accordance with a recommendation from the Committee on Racial Equity in the Law, to the extent that they advanced a commitment to diversity and inclusion, eliminate bias in the legal profession and promote equal participation in the association, the profession and the justice system.
The successful resolutions include:
• Resolution 502–Urged legislation permitting courts to hear petitions that allow de novo hearings.
• Resolution 503–Advocated for the establishment and expansion of offices of equity.
• Resolution 507–Called for legislation remedying longstanding effects of structural racism.
• Resolution 510–Supported legislation to improve diversity, equity, and inclusion in the intellectual property ecosystem.
• Resolution 602–Adopted the revised American Bar Association Election Administration Guidelines and Commentary.
• Resolution 604–Adopted the ABA’s Nine Principles on Reducing Mass Incarceration.
• Resolution 606–Urged actions to address issues of racism in America’s civil and criminal justice systems.
Committee transition: The Board dissolved the Lawyers in Transition Committee, recognizing that much of its work has been subsumed by the Lawyer Well-Being Committee.