Editorials

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.

ROBERT GOODSELL

Applauding a Lawyer's Peace Corps Mission

We applaud and stand in awe of a life being lived as we, in our better moments, know we all should strive to emulate.

May Day immigration march in Washington, D.C. on May 1, 2017.

Lawyers Wisely 'Took the Tenth'

By Law Journal Editorial Board |

Good lawyers and good lawyering use creatively whatever judicial resources are at hand, sometimes in ways that the authors might not have foreseen.

01/17/2017- NJ Supreme Court- Chief Justice Stuart Rabner

Use a Sensible Approach to Immigration Arrests

By Law Journal Editorial Board |

Arresting illegal immigrants at courthouses is the quickest recipe for a complete disintegration of trust and confidence by an entire community in our judicial system, whatever their immigration status.

Judge Neil Gorsuch testifies before the Senate Judiciary Committee during the second day of his confirmation hearing to replace the late Justice Antonin Scalia at the U.S. Supreme Court. March 21, 2017.

Opponents of FAA Preemption Will Fear Gorsuch's Approach

On a policy level, Gorsuch's Rafab dissent should send chills down the spines of attorneys in New Jersey and elsewhere who argue that the Federal Arbitration Act does not preempt states' efforts to strictly enforce arbitration agreements.

prison

Sentencing Discretion Protects Against Prosecutor Overcharging

In a case that should be of interest to criminal law practitioners, the U.S. Supreme Court has issued a decision reinforcing the wide discretion that federal judges have in sentencing under the now-advisory Sentencing Guidelines.

Marital Status Shouldn't Control College Contribution Dispute

By Law Journal Editorial Board |

Where there is a normal parent-child relationship, the children of married, separated or divorced parents should be treated the same and the marital status of the parents should not control.

Wrath of God Aside, Witness Oath Remains Important

By Law Journal Editorial Board |

One hopes that witnesses usually present the truth, albeit colored by a point of view, with probably little thought of either a deity or prosecution for perjury. But the oath does add solemnity to the proceedings and emphasizes the importance of truthful testimony as a foundation of the judicial process.

The Capitol Building in Washington, D.C.

Syria Attack Needs Authorization

By Law Journal Editorial Board |

Any sensible war is a continuation of politics by other means, and Congress is the body responsible to decide whether there is a policy behind this one, what it is, and whether it makes any sense beyond a generalized emotion that something must be done.

American Bar Association

Don't Shut Out ABA Review

By Law Journal Editorial Board |

The Trump administration has shut the ABA out of its process of evaluating federal judicial nominees. We can only regret this action.

Supreme Court Appropriately Accepted Notice by Email

By Law Journal Editorial Board |

We applaud the New Jersey Supreme Court for recognizing the realities of the practice of law in today's world and updating the methods of giving notice of disapproval of a real estate contract.

'Concealed Carry Reciprocity' Would be Bad for New Jersey

By Law Journal Editorial Board |

A proposed federal law would likely result in an influx of people from other states who may legally carry a concealed handgun in their states, and who would now be entitled to carry it here. That would not be good for New Jersey, and we urge our congressional delegation to speak out strongly against this unwise proposed federal law.

Hughes Justice Complex, Trenton, New Jersey.

Guidance on DWI License Suspension Stays Was Needed

By Law Journal Editorial Board |

The Supreme Court was in essence asked to render an advisory opinion and decided to address a moot issue in order to give guidance on a subject of "significant public importance," which our appellate courts, the parties and the amicus thought was important to provide.

U.S. Court of Appeals for the Fifth Circuit.

Externs Can Make a Difference

By Law Journal Editorial Board |

It is heartwarming to learn that one externship may well have affected a Supreme Court decision—and was given a shout-out, of sorts, at the oral argument of that case.

It's 'Equality,' Not 'Tolerance'

By Law Journal Editorial Board |

The United States doesn't practice religious toleration. It places all religions on a level of legal and moral equality, and guarantees freedom and protection to all law-abiding believers.

President Donald Trump

Attorneys Must Act Now for LSC

By Law Journal Editorial Board |

This board strongly supports full funding of Legal Services Corp. In our view, the Trump defunding request is cruel and wrong. It should be rejected.

In Arbitration, Follow the Rules You Impose

By Law Journal Editorial Board |

The Supreme Court has said, don't mess with the arbitration system you insisted upon in your contracts. If you do, then the consumer will have a pass to litigate in court.

New York City Mayor Bill de Blasio

'No Charges' Needn't be So Rare

By Law Journal Editorial Board |

We believe prosecutors should be willing to make known the fact that an investigation has come to a close.