Editorials

Appellate Ruling Could Change Local Finance Game; Publish It

By Law Journal Editorial Board |

A recent unpublished Appellate Division decision, National Loan Acquisitions v. Bridgeton Municipal Port Authority, has important consequences for the credit of New Jersey's municipalities and should therefore, we think, be approved for publication.

Morey's Pier Opinion Got it Right On Tort Claims Issue

By Law Journal Editorial Board |

The New Jersey Supreme Court recently held that the notice requirements of the Tort Claims Act apply to cross-claims and third party claims, and forged a practical and equitable solution to situations in which a defendant loses the right to seek contribution due to the plaintiff's delay. We think the opinion is not only correct, but also well reasoned and provides excellent guidance.

Citizens' Freedom to Record Benefits Police and Public Alike

By Law Journal Editorial Board |

The unbroken string of circuit decisions, now including New Jersey, recognizes the First Amendment right to record official police activity. We believe that all concerned, citizens and police, will benefit from a more complete factual record.

Court Deftly Balanced Access and Confidentiality in OPRA Ruling

By Law Journal Editorial Board |

Our Supreme Court's recent interpretation of the Open Public Records Act in Paff v. Galloway Twp. applies enhances public access on the one hand while preserving OPRA's confidentiality-preserving exceptions on the other.

U.S. Department of Justice

As Priorities Shift at DOJ, Health Care Corporate Fraud Strike Force Gutted

By Sue Reisinger and Kristen Rasmussen |

Last fall the U.S. Department of Justice proudly claimed a major victory for its Health Care Corporate Fraud Strike Force when it nailed Tenet Healthcare Corp. for a multimillion-dollar kickback and bribery scheme. It was the strike force's first major victory—it also may have been its last.

Get On Board With eCourts Rollout in Civil Part

Our Supreme Court has issued an order expanding the eCourts electronic filing system to the Civil Part. All lawyers, even those who are cyberphobic, are well advised to get on board and get on board now.

Portrait of President Trump

Trump Displays Made Schools Case Studies in Free Speech

By Law Journal Editorial Board |

New Jersey presented a great lesson for the nation recently on censorship and First Amendment values.

Lawmakers, Amend Youth Marriage Bill As Christie Urges

By Law Journal Editorial Board |

Although Christie's conditional veto will not change matters for older teenagers, we urge the Legislature to accept his proposed changes so that young teenagers will be protected. It is at least a first step in the right direction.

High Courts Rightly Hold Internet 'A Basic Need'

By Law Journal Editorial Board |

U.S. and New Jersey Supreme Court decisions strongly and admirably make crystal clear the importance of the internet in the today's marketplace of ideas, as well as the importance of protecting the right to exchange ideas in that medium—even by convicted sex offenders.

Kellyanne Conway.

Conway and Napolitano Shouldn't Answer to Ethics Authorities

By Law Journal Editorial Board |

A license to practice law should be worn as a badge of honor, and appropriately comes with added responsibilities to serve the public good and to adhere to higher standards of conduct. Nevertheless, political advocates who happen also to be lawyers ought not have their political speech expose them to ethics grievances by their political opponents.

Saddened, But Not Surprised, At Recent Shootings

By Law Journal Editorial Board |

Shootings are the natural and probable result when pretty much any American who hasn't been imprisoned or institutionalized can lawfully buy a gun. It is the terrible collateral cost of an armed populace.

prison

Governor Should Sign Racial and Ethnic Impact Statement Bill

By Law Journal Editorial Board |

S-677 would require that a racial and ethnic impact statement be prepared for legislation and new rules that would affect pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles. We urge the governor to sign S-677 without delay.

Social Media Ethics Guidance Needed

By Law Journal Editorial Board |

No New Jersey ethics opinion has yet addressed ethics issues in regard to social media. We urge the Supreme Court to assign this matter for consideration to the most appropriate committee.

On 'Stops' vs. 'Inquiries,' Court Offered Necessary Clarity

By Law Journal Editorial Board |

In State v. Rosario, the New Jersey Supreme Court offered clear analysis distinguishing an investigatory stop from a field inquiry.

With Gender Identity Rights, the Writing is on the Bathroom Wall

By Law Journal Editorial Board |

It is just a matter of time before the basic right to be treated with dignity and respect without regard to gender identity or sexual orientation will be accepted federal law, as it already is by statute in 19 states.

NJ Courts: Heed Loud-and-Clear Message on Arb Clauses

By Law Journal Editorial Board |

In KindredNursing Centers L.P. v. Clark, the U.S. Supreme Court's "we really mean it" tone must be taken to heart in New Jersey.

Challenge Highlights Council on Unfunded Mandates' Importance

By Law Journal Editorial Board |

The April 26 decision upholds a major constitutional and statutory public policy innovation in New Jersey, and reflects the important role that the Council on Local Mandates.

Hughes Justice Complex, Trenton, New Jersey.

Bail Reform is Working and Meaningful

By Law Journal Editorial Board |

The first few months of the New Jersey Criminal Justice Reform Act's implementation demonstrate that it is working and is meaningful. Again, our New Jersey Supreme Court leads the nation.

Rule or No Rule, Lawyers Must Get Tech-Savvy

By Law Journal Editorial Board |

While we have no rule of professional conduct addressing the need for competency with technology as such, we strongly believe lawyers should endeavor to keep abreast of relevant technological changes and recognize that, to compete in the legal marketplace, being "computer-savvy" is a given and no longer just a luxury.

U.S. Supreme Court.

Racism Has No Place in Court Proceedings

By Law Journal Editorial Board |

We believe it important to state that, despite the principle of states' rights and necessary limited review of state decisions: "death is different," racism has no place in court proceedings, and that habeas statutes should be interpreted, where possible, to permit liberal review of capital cases by federal courts.

For Fees Racked Up in Client Arbitration, Put It in the Retainer

By Law Journal Editorial Board |

Attorneys should be clear about whether they would be entitled to attorney fees in fee arbitration proceedings when drafting fee agreements.

Allow Lower Courts to Lead Way on Second Amendment

By Law Journal Editorial Board |

We do not believe that the Second Amendment protects every weapon deemed sufficiently popular.