The New Jersey State Bar Association was honored to participate as amicus curiae in State vs. Norcross, an important and novel case with significant implications for the legal profession. The matter warranted the Association’s involvement because of its potential impact on client advocacy, particularly the circumstances in which an attorney may be prosecuted in connection with the attorney’s legal representation of a client alleged to have engaged in criminal conduct.
Although the Appellate Division did not reach the Association’s arguments in the case, the Association stands by its assertion that a heightened mens rea standard should apply when the state seeks to indict an attorney for actions undertaken in representing a client. Such a standard must require proof that the attorney acted with the primary intent to further the client’s alleged criminal objective. This heightened threshold is essential to protect attorneys who act in good faith and engage in zealous advocacy on behalf of their clients – principles that form a cornerstone of our justice system.
The NJSBA is grateful to the court for granting amicus status and providing the opportunity to advance this important position on behalf of New Jersey attorneys. The Association also thanks the many volunteer attorneys who contributed their time and expertise to this effort, including David R. Kott of McCarter & English LLP, who argued before the Appellate Division, Geoffrey N. Rosamond and Benjamin T. Klein, who contributed to the Association’s brief, and NJSBA President-Elect Norberto A. Garcia, who served as of counsel.