FOR IMMEDIATE RELEASE
December 5, 2022
Contact: Thomas Nobile
Director of Communications
Tel: 732-937-7527
[email protected]
NEW BRUNSWICK – The New Jersey State Bar Association (NJSBA) has submitted comments on two rule changes proposed by the Judiciary.
The two letters, issued to the Judiciary on Nov. 21, outline the NJSBA’s positions on amendments to Rule 4:86-2(b)(3)—involving the appointment of legal guardians for incapacitated people—and Rule 4:21A-4(a)—which would require civil arbitration statements to be submitted in advance of the hearing.
The NJSBA supports the clarifications in the state’s background screening policy for guardians, particularly one that exempts court-appointed attorneys from the background screening requirements, according to the letter.
“We believe the clarifications will help to ensure the background screening is implemented in the manner it was intended,” the NJSBA stated.
The NJSBA recommended the following changes to create more uniformity in how the background screening processes are applied in each county:
• Clarify the nature of a judgment search on potential guardians.
• Implement standard fingerprinting protocols.
• Amend the rules to clearly delineate those individuals to whom the background screening certification is inapplicable.
• Disclose the results of a background screening to each party through a secure portal or secure email system.
Under the proposed changes to Rule 4:21A-4(a), parties to a civil arbitration would be required to submit their arbitration statements to the arbitrator before the hearing date. The NJSBA fully supports this requirement, as it would allow the arbitrator and all parties sufficient time to review and prepare for the hearing, according to the letter.
“We believe that three days before the hearing would provide sufficient time and recommend that the requirement apply to both virtual and in-person hearings,” the letter states.
Beyond the latest rules changes, the NJSBA said further reforms are needed in the civil arbitration system, according to the letter. The NJSBA recommended that the Judiciary consider the following revisions:
• Restrict arbitration submissions to five pages, with an index not to exceed 35 pages.
• Allow an in-person “opt-in” for virtual hearings.
• Limit arbitrators to no more than eight cases in a single day. Fees should be provided to reflect the level of responsibility, with single arbitrators earning $500 for up to five cases, or $750 for six to eight cases.
• Ban telephonic arbitrations.
• Extend the time to file for de novo review from 30 days to 60 days.
• Allow for 60 days’ notice that a matter is being scheduled for arbitration, to provide the parties with adequate time to prepare.
• Require the arbitration award to be transmitted to the civil division manager on the day of the hearing, with a copy sent via email that day to the attorneys for the litigants or by email for the pro se and clarify when the time to file for de novo review begins to run.
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NJSBA weighs in on rule changes for civil arbitration, legal guardian background checks
Contact: NJSBA Communications Department
Tel: 732-937-7527
Email: [email protected]