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Dec 7, 2021 by Bruce D. Greenberg


Judge Chagares Becomes Chief Judge Chagares

As of December 4, as stated here, New Jersey’s own Judge Chagares became Chief Judge of the Third Circuit Court of Appeals. That occurred as a result of the fact that his predecessor, Chief Judge Smith, reached age 70, the age at which one must step down from the position of Chief Judge. Judge Smith…

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Dec 1, 2021 by Bruce D. Greenberg


Another Committee on Character Anniversary

Due to my fifteen-year service on the Supreme Court of New Jersey Committee on Character, the date of any Supreme Court decision that implicates the Committee on Character is a significant date. On this date in 2000, the Supreme Court decided In re Jackman, 165 N.J. 580 (2000). The issues in that case, as summarized…

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Nov 30, 2021 by Bruce D. Greenberg


Municipal Clerk Acted Arbitrarily in Rejecting Electronic Referendum Petition Signatures Based on Her Perception That They Did Not Match Other Signatures by Those Persons

Township of Montclair Committee of Petitioners v. Township of Montclair, ___ N.J. Super. ___ (App. Div. 2021). The Township of Montclair adopted a rent control ordinance. Plaintiffs sought to gather signatures for a referendum to block that ordinance. Due to the COVID-19 pandemic, plaintiffs could not go door-to-door to collect physical signatures. Instead, they established…

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Nov 23, 2021 by Bruce D. Greenberg


The Municipal Vacancy Act, The Status of Real Estate Salespeople, And a Miranda Warnings Case Come Before the Supreme Court

The Supreme Court announced that it has granted review in three new cases. In two of those matters, the Court granted certification. The third is before the Court on leave to appeal. The leave to appeal case is Kennedy v. Weichert Co. The question presented, as phrased by the Supreme Court Clerk’s office, is “Are…

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Nov 19, 2021 by Bruce D. Greenberg


BPU Inaction for 20 Months Results in a Remand for the Agency to Act

In re Verified Petition of Retail Energy Supply Ass’n, ___ N.J. Super. ___ (App. Div. 2021). This appeal was from the inaction (not any action) by the Board of Public Utilities (“BPU”). Appellant Retail Energy Supply Association filed a petition in February 2019 asking the BPU to withdraw a January 2019 letter that barred appellant’s…

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Nov 18, 2021 by Bruce D. Greenberg


A New Order of the Supreme Court Regarding COVID and Post-COVID Procedures Says That Supreme Court and Appellate Division Oral Arguments “Will Generally Proceed in Person”

Today, Chief Justice Rabner issued an order regarding procedures for both the period while the COVID-19 epidemic persists and thereafter. The order runs over six pages and addresses numerous types of court proceedings. As relevant to appellate practice, the order states that oral arguments before the Supreme Court and the Appellate Division “will generally proceed…

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Nov 10, 2021 by Bruce D. Greenberg


The (Non-)Effect of Denials of Petitions for Certification

Our Supreme Court denies far more petitions for certification than it grants. Many people think that a denial of certification means that the Court has ruled in favor of the opponent of certification. In fact, that is not so. In West Point Island Civic Ass’n v. Dover Tp. Comm., 54 N.J. 339 (1969), the Court…

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Nov 9, 2021 by Bruce D. Greenberg


Women as Bartenders: An Anniversary

On this date in 1970, the Supreme Court decided Paterson Tavern & Grill Owners Ass’n v. Hawthorne, 57 N.J. 180 (1970). The issue in the case was whether an ordinance of the Borough of Hawthorne that forbade licensed taverns in the Borough from employing women as bartenders (with exceptions for women licensees who tended their…

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Nov 8, 2021 by Bruce D. Greenberg


The State Must Indemnify as Well as Defend County Prosecutors Offices’ Employees

State of New Jersey v. County of Ocean, ___ N.J. Super. ___ (App. Div. 2021). This opinion by Judge Mawla involved the question of whether the State was obligated to indemnify Ocean County Prosecutor’s Office (“OCPO”) in a case brought against that office, one of its detectives, and Ocean County. An OCPO detective rear-ended another…

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Nov 4, 2021 by Bruce D. Greenberg


A Criminal Case Involving Multiple Rules of Evidence Comes Before the Supreme Court

The Supreme Court announced that it has granted certification in State v. Higgs. The question presented, as phrased by the Supreme Court Clerk’s office, is “Was evidence about past internal affairs investigations into the police officer who shot defendant relevant, were defendant’s prior convictions admissible under N.J.R.E. 609, and was the testimony by a detective…

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