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MONMOUTH/OCEAN
BAR DINNER & SEMINAR
Thursday, April 14, 2016
BREAKERS HOTEL
Ocean Avenue, Spring Lake
A casual evening to mingle with our
colleagues from Ocean County.
PROGRAM
The Monmouth Bar Association and the Ocean
County Bar Association takes pleasure in
welcoming our honored guest speaker
NEW JERSEY’S 30TH
LEGISLATIVE DISTRICT
SENATOR
ROBERT W. SINGER
_________________________________________
The Legal Aid Society will present the Daniel J. O’Hern
Award to Jonathan Goldsmith Cohen, Esq.
_____________________________________
SEMINAR
WORKERS COMPENSATION LAW
(details to follow)
—————————————————————————————————————————
Menu for the Evening
Butler passed hors d’oeuvres
Choice of Prime Rib or Salmon Dinner
Dinner Only $50.00 Dinner/Seminar $75.00
THE CRIMINAL PRACTICE COMMITTEE
PROUDLY PRESENTS
TIMES, THEY ARE A CHANGIN’
FRIDAY, APRIL 22, 2016
MONMOUTH COUNTY COURT HOUSE
JURY ASSEMBLY ROOM
12:30 p.m. – 2:00 p.m.
New Initial Appearance Procedure
New Criminal Justice Reform
New Court Rules
Monmouth County Criminal Division Manager, Mary Ann McGevna, Assistant Division Manager, Kristy Smith, the Honorable James Newman, P.J.M.C. and Monmouth County Prosecutor’s Of-fice Intake/Screening Director, Stacy Handler will provide a panel presentation on the new initial ap-pearance procedures which affect any indictable arrest after January 1, 2016. The Honorable An-thony J. Mellaci, Jr., P.J.Cr. will provide an over-view of the new Court Rules which were adopted to effectuate the Bail/Speedy Trial Legislation which will deal with any indictable arrest after January 1, 2017.
A must-attend program for all criminal practitioners.
Moderator: Steven E. Nelson, Esq., Co-Chair, Criminal Practice Committee
Earn CLE Credits
MONMOUTH MEMORANDA Covering Bar Association Events
Court House - Freehold - NJ 07728 (732) 431-5544
www.monmouthbarassociation.com
MARCH/APRIL 2016 VOL. 34, NO.7-8
Page 2 MONMOUTH MEMORANDA
President’s Message Ronald T. Catelli, Esq.
Greetings Everyone! As I write this column,
winter is in the rearview mirror, and spring is
finally in the air!!! Although February and
March are traditionally quiet months, the
Association continued to present activities
and seminars for the benefit of our Member-
ship.
On February 18, we held our annual
Sports Night at Branches and were fortunate
to have Justin Hardy, Atlanta Falcons Wide
Receiver, as our guest. I would like to thank
Michael Celli, Esq., for arranging Mr. Hardy’s appearance, as well as all of
our donors for their generosity. It is always amazing to watch the kids’
excitement when they receive their autographs, gifts, etc., and have their
picture taken with a professional athlete. As always, thanks also to Kerry
Higgins, Esq., and John DeBartolo, Esq., for their tireless efforts in em-
ceeing the event. On March 10, we had our first ever St. Patrick’s Day
Party at the Oyster Point Hotel, in Red Bank, with everyone in attend-
ance wearing green, enjoying traditional Irish food, a live band, and open
bar. Thank you to our Secretary and County Clerk, Christine Hanlon,
Esq., and of course, our Executive Director, Tracey, for organizing this
first ever event.
On March 16, the Young Lawyer’s Committee kicked off March Mad-
ness with their annual happy hour at the Celtic Cottage in Long Branch.
Everyone in attendance enjoyed free drinks, food, and of course, basket-
ball. As always, thank you to Richie Lomurro, Esq., for organizing the
event, and a special thanks to J.J. Uliano, Esq., for arranging New Jersey
State Bar Association Young Lawyers Division sponsorship.
Although there were several fun events offered by the Association
this winter, there were also several Continuing Legal Education opportu-
nities, once again demonstrating the Association’s goal of service to the
Bar. On March 2, the Family Law Committee hosted its annual seminar
at the American Hotel in Freehold. By all accounts, the seminar was
extremely well attended and a great success. In particular, the Family
Bench was very well represented, once again demonstrating the tremen-
dous relationship between Monmouth County’s Bench and Bar.
Prior to the St. Patrick’s Day Party on March 10, the Association
presented a seminar on Chancery, Elder, and Probate Law issues. Thank
you to Frank J. Fischer, Esq., for moderating and organizing the event, as
well as all participants. In fact, I would like to thank all of our Members
who assist in presenting seminars for the benefit of our Association.
Your participation, knowledge, and dedication to our profession, are
very much appreciated, and enable our Association to offer continuing
legal education at a much lower cost than other County Bar Associa-
tions.
You will have, by now, received the report of the Nominating Com-
mittee. Several Members requested consideration for nomination as
either Trustee, or Secretary, and Thomas Smith, III, Esq., and his Com-
mittee certainly did not have an easy task in making the recommenda-
tions. I would like to thank Tom and the Committee Members for per-
forming this most vital function of our Association. Congratulations to
the Nominees, your nomination is well-deserved! To the others who
sought nomination, thank you for your sincere interest, and I request
that you please stay involved in the Association. The strength and future
of the MBA depends upon your continued interest and involvement, and
although our By-Laws limit the number of Officers and Trustees, there
are limitless opportunities for our Members to become involved in our
Committees and events. Once again, please stay involved and make a
difference.
Looking to the future, the Association is hard at work planning events
and seminars for our Membership, and I ask that you diary and note the
following: On April 14, we will be having our joint Dinner Meeting with the
Ocean County Bar Association at the Breakers in Spring Lake, and if wea-
ther will permit cocktails outside on the porch. In addition, we will have
our election of the slate of Officers and Trustees proposed by the
Nominating Committee, and once again, I would like to thank Tom and his
Committee for their outstanding work. New Jersey’s 30th Legislative Dis-
trict Senator, Robert W. Singer, will be our guest speaker. Senator Singer is
in his twenty-seventh year in the New Jersey State Legislature, and present-
ly serves as Republican Conference Leader in the New Jersey Senate. Once
again, our Association’s Worker’s Compensation Committee will be pre-
senting a seminar prior to the Dinner Meeting.
On April 22, at 12:30 PM, the Criminal Practice Committee will be pre-
senting a seminar in the Monmouth County Courthouse, Jury Assembly
Room. Topics will include the new initial appearance procedure, the new
Criminal Justice Reform, and the new Court Rules. This seminar is not to
be missed if you practice in the Criminal Division.
Our annual Law Day program will take place on May 2, in Judge Cleary’s
Court Room in the Hall of Records, and as in keeping with past practices of
our Association, we will honor our past President, John P. Duggan, Esq.,
with the Abraham Zager Professionalism Award. Moreover, Certificates
will be presented to the winners of the Mock Trial Competition, as well as
the Essay Contest. I would like to thank Judge Thornton, and our entire
Monmouth County Judiciary, in continuing this time-honored tradition.
Our United States Supreme Court trip is now in full swing, and the
swearing-in ceremony will take place before the High Court on May 23,
2016, at 10:00 AM sharp. The preceding evening, on May 22, from 4:00 to
6:00 PM, the Association will be hosting a cocktail party at the Dubliner, and
we have reserved a block of rooms at the Phoenix Park Hotel. Our Associ-
ation has not conducted this event in several decades, and hopefully, this
tradition will be continued every five years or so.
On May 26, Carol J. Truss, Esq., will be installed as our new President at
the Oyster Point Hotel, in Red Bank. Carol is not only a dear friend, she
has been very active over the years in our Association, and I am more than
certain that she will do an excellent job as President. I urge everyone to
diary this date as it promises to be an exceptional evening for our Associa-
tion.
The pictorial directory is almost completed, and if you have not already
done so, please contact Portrait Pros in order to have your photograph
taken for the directory. As everyone is aware, the last pictorial directory
was approximately fifteen years ago, and there is no indication of when the
next directory will be produced. We have taken over four hundred pic-
tures to date, and they are planning to come back in the first week of May.
On a more serious note, by now you have learned that our very own
Judge Bauman has been nominated by Governor Christie to the New Jersey
Supreme Court. Perhaps more importantly, albeit egregiously, you have
also learned that our Senate President has refused to grant Judge Bauman a
Confirmation Hearing. Judge Bauman is not only a respected Member of
the Monmouth County Judiciary, he is a more than deserving Candidate for
the New Jersey Supreme Court. Without belaboring the issue, on behalf of
the Officers, Trustees, and Members of our Association, I have forwarded a
Resolution to our Senate President, in support of Judge Bauman’s Nomina-
tion for appointment as Associate Justice of the New Jersey Supreme
Court. Moreover, given the Executive and Legislative Branches of New
Jersey Government’s continuance pattern of systematically politicizing the
Judicial Branch, I have further sent a Resolution on behalf of our Associa-
tion, supporting the New Jersey Judiciary as a co-equal Branch of govern-
ment. Given the importance of these issues, including Judge Bauman’s nom-
ination, as well as judicial independence, I have taken the liberty of sending
both Resolutions via email for your review and comment.
As always, thank you everyone, for your continued dedication and hard
work on behalf of our Association, and I look forward to seeing you at our
upcoming events!
Page 3 MONMOUTH MEMORANDA
MONMOUTH VICINAGE – MUNICIPAL DIVISION UPDATE
The municipal division continues to work closely with local courts to enhance its services to court users and their attorneys, and the division is commit-
ted to keeping Bar members informed of any municipal court updates to procedures or court operations.
The New Jersey Judiciary is in the midst of a significant criminal justice reform – beginning in January 2017, the state will shift to a system where judges
will rely on objective factors to determine a defendant’s release based on the threat posed to the community and not on the defendant’s ability to pay
bail. The reform includes the Judiciary, law enforcement, prosecutors, attorneys and various state agencies.
When an individual is arrested, the law enforcement officer will contact the municipal court judge or authorized municipal court administrator to deter-
mine whether a warrant should be issued based upon the officer’s statement and the data supplied by a computerized risk assessment. If the risk as-
sessment indicates a low risk of the defendant’s failure to appear or reoffend, a summons may be issued and the defendant will be released and given a
date for a court appearance. A warrant may be issued however, based on the officer’s statement and an assessment that indicates a high risk of failure
to appear or reoffending. Bail will no longer be set at the municipal court level when a warrant is issued and the defendant will immediately be trans-
ported to the county jail. A Pretrial Services Unit in the Superior Court will evaluate the defendant’s risk assessment and, within 48 hours, a judge will
determine if the defendant will be released, with or without conditions, or temporarily detained upon motion of the prosecutor for a detention hearing.
Another element of the reform addresses initial appearances on indictable cases. In anticipation of court rule changes that will affect the location of
initial appearances, the Monmouth Vicinage changed their process as of January 1, 2016. All indictable matters on a Summons and/or Warrant, previous-
ly heard in municipal courts, will now be heard in Superior Court. Defendants will receive notification of this change when served with an indictable
complaint. This process, known as the Central Judicial Processing Court (CJP), will be conducted every Tuesday by Presiding Judge Newman. Attor-
neys can waive their defendant’s initial appearance at CJP by notifying the criminal division. This spring, the Monmouth Bar Association members will
have an opportunity to attend educational programs on criminal justice reform.
Bar members should also be aware that Directive 04-11 states that companion traffic matters transferred with an indictable case must remain together
and be resolved in the Superior Court. Only in certain circumstances, may the matters be returned to the municipal court for disposition based on
“compelling reasons.” Therefore, attorneys should expect to represent their clients on the municipal matters along with the indictable matter. Should
a municipal matter be returned to the municipal court to be heard, it is expected that the attorney be ready to proceed, as discovery, expert reports
and consultation, state lab analysis, etc. should have already been requested and prepared while the indictable matter was proceeding. Requests for
adjournment for discovery on remanded matters will be discouraged.
Other changes in Municipal focus on shared courts formed over the past year. The Monmouth Vicinage has the most shared courts in the state with 13
courts signing shared services agreements and two municipal courts forming Monmouth’s only joint court. The Monmouth Vicinage municipal court of
Allentown and the Ocean Vicinage municipal court of Plumsted Township formed the first bi-county shared services court in our county and the second
bi-county shared court in the state. Each municipality has appointed its own municipal court judge, prosecutor and public defender. Allentown’s Certi-
fied Court Administrator Sarah Capritti administers both courts from an office located in the Plumsted Municipal Court.
The Fair Haven Municipal Court entered into a shared services agreement with the Rumson Municipal Court wherein all Fair Haven court functions will
be handled in the Rumson Municipal Court. As part of that shared services agreement, each municipality will continue to appoint their own judges for
their respective courts. Carol Dice represents both Rumson and Fair Haven as their certified court administrator.
Several new municipal court judges were appointed within the last year. Richard Leahey, Jr. was appointed in Atlantic Highlands Municipal Court,
Thomas J. Smith, III was appointed in Highlands Municipal Court., and Susan Schroeder Clark was appointed in Howell Township. In addition, Paul Ca-
potorto was appointed in Upper Freehold and Avon-By-The-Sea, Nicole Sonnenblick was appointed in Colts Neck and Michael Pugliese now presides
over the Union Beach Municipal Court.
Until further notice, several municipal courts have acting judges as follows: Dennis Lavender, Acting Judge for Bradley Beach Municipal Court; Susan
Clark, Acting Judge for Eatontown and Tinton Falls Municipal Courts; Paul Capotorto, Acting Judge for Neptune City Municipal Court and Helen Ros-
ner Stone, Acting Judge for Oceanport Municipal Court. James Berube has been cross-assigned to Rumson Municipal Court.
Along with the N.J. State Police, more than half of our county’s 53 police departments are now issuing e-Tickets. Twenty-seven of our municipal courts
utilize the program that electronically files tickets issued by law enforcement and simultaneously dockets the information in the court’s database. Execu-
tive Branch agencies like the New Jersey Motor Vehicle Commission and N.J. State Police can immediately access this data. This process promotes
efficiency, improves data quality, and benefits the public and the court.
On April 9, 2015, Municipal Court Presiding Judge James M. Newman issued a Memorandum amending the existing Driving While Intoxicated (DWI)
adjournment policy that went into effect on August 1, 2013, that provided that Presiding Judge Newman had to approve all adjournment requests for
cases more than 364 days old, and attorneys requesting such adjournments had to submit a detailed written request to the municipal court judge for
review with final approval by the presiding judge. The April 2015 amendment reduced the reporting requirement for DWI adjournments from 364 days
to 270 days old. All requests will continue to be submitted for Presiding Judge Newman’s approval.
The New Jersey Judiciary website, www.njcourts.com, contains information on the criminal justice reform as well as updated contact information for
municipal courts in the Monmouth Vicinage and throughout the state.
Page 4 MONMOUTH MEMORANDA
CALENDAR OF EVENTS AND SEMINARS
PLEASE DIARY
and
PLAN TO ATTEND
———————————————
April 14, 2016 - April Bar Dinner, Break-
ers, Spring Lake.
April 14, 2016 - Workers’ Compensation
Seminar, Breakers, Spring Lake.
April 22, 2016 - Criminal Practice Semi-
nar, Jury Assembly Room, Freehold.
May 2, 2016 - Annual Law Day, Hall of
Records, Freehold.
May 23, 2016 - US Supreme Court
Swearing In, Washington.
May 26, 2016 - MBA Installation Dinner,
Oyster Point Hotel, Red Bank.
May 26, 2016 - Criminal Practice Seminar,
Oyster Point Hotel, Red Bank.
June 28, 2016 - MBA Golf Outing,
Navesink CC, Middletown.
July 22, 2016 - MBA Beach Bash, Ocean
Place, Long Branch.
NOTICE TO THE BAR
SEMINAR APPROVAL FOR
MCLE CREDITS
For those members attending Monmouth Bar Associa-
tion seminars, it is MANDATORY that you sign-in and
complete the Certification and Evaluation form pro-
vided.
In order to receive a certificate of attendance at the
seminar or within thirty days of successful completion
of a course, this is a requirement.
Thank you for your cooperation.
SAVE THE DATE
THURSDAY, MAY 26, 2016
MBA Installation Dinner
OYSTER POINT HOTEL
6:00 P.M.
Criminal Practice Seminar
preceding the dinner.
4:00 P.M. - 6:00 P.M.
More details to follow in the May
Memoranda.
CRIMINAL PRACTICE COMMITTEE NEWS Steven Nelson, Esq.,Co-Chair
Page 5 MONMOUTH MEMORANDA
Over the past few months much of this column has been devoted to a discus-
sion of the recently implemented and significantly different initial appearance proce-dures, the state-wide and more importantly, our local judicial vacancy crisis and the
impending criminal justice reform. Although I, as many others with whom I have spoken, don’t understand the objective
sought to be achieved or the need to drastically change a workable, established pro-cess for a relatively meaningless event, the new initial appearance procedures should
have little, if any, adverse impact on the general operation of the justice system. Its effect on the efficiency of the process may be another issue. We’ll see.
On the other hand, the potential consequences the system faces from the radical criminal justice reform, coupled with the alarming increase of judicial vacancies
cannot be understated. The new legislation, primarily due to its speedy trial compo-nents, mandates that our Criminal Division operate with its present, full complement
of seven judges, if not more. The Division, between November 2015 and December 2016 has/will lose four experienced jurists to retirement and one to the Appellate
Division. The voids left by those departures are in addition to the existing shortage resulting from others who were previously elevated to the Appellate Division. Alt-
hough we can be proud of the Chief Justice’s recognition of the quality of the Mon-mouth Judiciary, we cannot ignore the pragmatic reality that a judicial system without
a sufficient number of judges is destined for failure. Such inevitability was acknowl-
edged by the Joint Committee on Criminal Justice in its 2014 report which provided recommendations for the ill-conceived Criminal Justice Reform which will take effect
next January. In the report the JCCJ expressly stated, in no uncertain terms, that the highly ambitious proposed changes to the criminal justice process could only succeed
if there are enough judges to dispose of cases within the time, and according to the procedures recommended. Despite that recognition, the law and rule changes passed
without any consideration of, or attempt to address the most important, indispensa-ble element for success; judicial vacancies. Oh what a surprise!
The potential destruction from the “perfect storm” created by the combination of criminal justice reform and judicial vacancies is not restricted to the criminal justice
system. In fact, although the Criminal Division can be considered “ground zero,” the damage from the storm could be worse in the Civil and Family Divisions. Due pro-
cess considerations and the consequences of failing to comply with the speedy trial time constraints will require that the criminal bench remain complete. One need not
be a rocket scientist, or even a lawyer, to realize that, absent an unanticipated flood of judicial appointments out of Trenton, the replacements for our three retiring criminal
judges will be drawn from our already shorthanded, overburdened other divisions. The ripple effect of such a tsunami on our entire system of justice and the legal pro-
fession is unimaginable. I submit that it is very serious, in need of immediate attention and cannot be overstated. Have we forgotten what it was like only a few years ago
when, due to a lack of judges, all three Divisions at the Court House dramatically suffered? Very few cases were tried, backlogs became even more unmanageable and
frustration throughout the Court House was evident. Judicial morale was at an all-time low. I submit that what lies ahead, if not properly addressed, will be significantly
worse. Some may perceive my words as being overly dramatic. That’s understandable
as I have been so accused in the past, more than once. However, as one who, after more than 30 years, maintains an unwavering passion for the law and an equal respect
for the legal profession, I sincerely believe that the continued disrespect of the judicial branch of our state government through bipartisan politics in Trenton will eventually
take a catastrophic toll on the justice system and all of those who are part of, or committed to it. The constitutionally mandated separation of powers is more illusory
than real when the ability of the judicial branch to function effectively is so dependent on decisions made by the Executive and Legislative branches. Maybe it’s time our
senators realize that asking for the sitting governor’s resignation or backing a rival presidential candidate is not in the best interests of those who elected them into
office. Maybe it’s time they realize it’s the system of “justice” not “just us.” Ok, now that I’ve gotten that off my chest, let me tell you what the Criminal
Practice Committee is doing to assist our members in learning and understanding the
recent procedural changes and ensuing the legislation. On April 22, 2016 the CPC will be presenting a lunchtime seminar on the re-
cently implemented, new initial appearance procedures. Criminal Division Manager, Mary Ann McGevna and Assistant Division Manager, Kristy Smith will provide an
overview of the new procedures. As previously reported, initial appearances for indictable complaints will no longer take place in the municipal court. They will be
conducted at the Monmouth County Court House. Our Presiding Municipal Court Judge, James Newman, P.J.M.C. will preside over the proceedings. Judge Newman will
be on the panel for our program. Monmouth County Prosecutor’s Office Intake Director, Stacy Handler will be on hand to talk about the Prosecutor’s initial screen-
ing decisions. Our esteemed Presiding Judge, Judge Mellaci, will be on hand to review the new Court Rules governing these new procedures and the upcoming Criminal
Justice Reform. This is a must-attend event for all criminal practitioners. At-
tendees will receive CLE credits. In recognition of its positive contribution to the Monmouth Bar Association
the CPC has again been awarded the coveted time slot for presentation of its yearly main event. On May 26, 2016 before the installation dinner at the Oyster
Point Hotel our Committee will present a two-hour seminar on the Criminal Justice Reform legislation. The AOC Director of Pretrial Services, Vance Hagins,
Esq. and others will provide our members with a private showing of the Criminal Justice Reform presentation provided to judges and Criminal Division personnel
throughout the state. Implementation of the new legislation remains a work in progress. Our program will provide our members with a unique opportunity to
learn about the radical changes to the criminal justice process from those entrust-ed with putting them into operation. We ask one small favor of the attendees.
Vance is a good guy. “Don’t slay the messenger!” There are some other less drastic changes in the criminal practice and our
Criminal Division worthy of note. First, effective immediately, all applications for waiver of the mandatory Graves Act sentencing pursuant to N.J.S.A. 2C:43-6.2
must be made before our Presiding Criminal Judge, Judge Mellaci. If the waiver is granted Judge Mellaci will take the plea and preside over the sentencing. Any
pending Graves Act waiver sentencings will be transferred to, and handled by
Judge Mellaci notwithstanding that the plea may have already been taken by anoth-er judge. All practitioners handling Graves Act cases should familiarize themselves
with the Attorney General Directives from November 2008 and September 2014 dealing with circumstances justifying deviation from the statutorily-mandated
sentence for a crime involving possession of a firearm. They should also read the recent Appellate Division decision in State v. Nance, 442 N.J. Super. 268 (App.
Div. 2015) which expressly authorizes the court to sentence certain Graves Act offenders to probation conditioned upon time in the county jail on a plea agree-
ment pursuant to N.J.S.A. 2C:43-6.2 notwithstanding the Prosecutor’s recommen-dation for the imposition of a state prison sentence with a period of parole ineligi-
bility less than the 42 months mandated by the statute. Practitioners should also familiarize themselves with the recent guidelines
issued by the Attorney General regarding PTI for certain domestic violence of-fenders. As reported a few months ago in this column, as a direct result of the
Ray Rice debacle, another subsection of the aggravated assault statute was enacted dealing specifically with domestic violence offenders. Part of that legislation creat-
ed a presumption against admission into PTI for certain domestic violence offend-ers. [N.J.S.A. 2C:43-12b(2)(b)]. The guidelines were developed to “promote the
uniform exercise of discretion” by prosecutors in formulating recommendations for DV offenders’ participation in PTI. These guidelines can be found on the At-
torney General’s website. On the local front, the Mandatory Drug Court legislation which took effect
in Monmouth County last July has reportedly had very little impact on our Drug Court’s enrollment numbers. The anticipated procedure of providing defense
counsel with the Criminal Division’s screening decision as to a particular defend-ant’s eligibility for Mandatory Drug Court has not come to fruition. However,
effective immediately will be a procedure where defense counsel will be provided
with the Division’s initial Mandatory Drug Court screening decision. Additionally, those defendants screened as eligible candidates for Mandatory Drug Court will,
immediately after their arraignment, be sent to the Office of Criminal Case Man-agement for the purpose of undergoing a TASC evaluation. In other words, all
defendants who statutorily qualify for Mandatory Drug Court will undergo a court ordered substance abuse evaluation immediately after, or shortly after the arraign-
ment. Such an evaluation will undoubtedly include a urine screen. For obvious reasons might I suggest that defense counsel advise their clients of this new proce-
dure! One final change in the pre-arraignment procedures is that there will no longer be any prearraignment conferences. The first notice counsel will receive that the client has been indicted is the notice to appear for the arraignment. With such a notice being provided approximately two weeks before the arraignment there is not much time for defense counsel to obtain and review the discovery before the first court appearance. We are working with Judge Mellaci and the Criminal Division administrators to develop a way to sooner notify counsel of record that the indictment has been handed up thereby alerting him/her that the discovery is available at the Office of Criminal Case Management. I again urge every criminal practitioner to register in the eCourts system. Word is that it will soon be mandatory. It’s easy (according to my secretary), convenient and incredibly cost effective. Needless to say, with the constant, ongoing changes in the statewide and local criminal procedures it is imperative that all practitioners do what is necessary to stay informed. Ethical representation of a defendant cannot be accomplished by a lawyer who does not keep up with the times.
Page 6 MONMOUTH MEMORANDA
MBA NEWS & EVENTS
OFFICERS AND TRUSTEES
FOR THE 2015-2016 TERM
Officers:
President ......................................................................... Ronald T. Catelli
President-Elect ................................................................... Carol J. Truss
First Vice-President ..................................................... Douglas J. Kovats
Second Vice-President ..................................................... Brian E. Ansell
Treasurer ...................................................................... Joseph M. Casello
Secretary ................................................................... Christine G. Hanlon
___________________________________________________
Trustees:
Paul H. Frankel, In Perpetuum Richard P. Lomurro-2016
John F. DeBartolo, In Perpetuum James A. Paone, II-2016
Jonathan Goldsmith Cohen-2018 Nicole Sonnenblick-2016
Loryn M. Lawson-2018 Michael P. Supko, Jr.-2016
Lynn E. Staufenberg-2018
Patricia B. Adams-2017
M. Scott Tashjy-2017
James J. Uliano-2017
F. Bradford Batcha-2016
Steven E. Nelson-2016
Jessica S. Strugibenetti-2016
Erik Anderson-2016
Bunce D. Atkinson-2016
Scott J. Basen-2016
Andrea I. Bazer-2016
Anthony T. Betta-2016
Michael G. Celli, Jr.-2016
___________________________________________________
Immediate Past President Marie A. Accardi
Executive Director Tracey A. Settipane
Administrative Assistant JoAnne M. Boyle
N.J. State Bar Association Timothy F. McGoughran, Trustee
MONMOUTH BAR ASSOCIATION
LAW DAY OBSERVANCE
MONDAY, MAY 2, 2016 GENERAL EQUITY COURT ROOM
HALL OF RECORDS FREEHOLD, NEW JERSEY
4:00 P.M.
On May 2, 2016, the Monmouth Bar Association’s Law
Day Observance will be conducted at 4:00 p.m. in the
General Equity Court Room.
The Monmouth Bar Association Abraham J. Zager
Award for Professionalism will be presented to John P.
Duggan, Esq.
In addition, our program will present the Honorable
Daniel J. O’Hern Mock Trial Award to this year’s Coun-
ty Mock Trial Champions, Middletown High School
North. The team will be accompanied by Jonathan Gold-
smith Cohen and Loryn Lawson, Mock Trial Committee
Chairs and, the team’s coach. A representative from
each school that participated in the Mock Trial Program
will be invited to attend and receive a “Certificate of
Honor”.
SAVE THE DATE
THE HONORABLE
ANTHONY J. MELLACI, JR.
IS RETIRING!!!
MONDAY, AUGUST 1, 2016
Molly Pitcher Inn
6:00 P.M. to 9:00 P.M.
Page 7 MONMOUTH MEMORANDA
MBA NOTICE OF ELECTION
Pursuant to Article VI, Section 7.1, the election of Officers and Trustees shall be conducted
at the April meeting of the Association.
President
Carol J. Truss
President-Elect
Douglas J. Kovats
First Vice-President
Brian E. Ansell
Second Vice-President
Joseph M. Casello
Treasurer
Christine G. Hanlon
Secretary
Lynn E. Staufenberg
3-Year Trustee:
Erik Anderson
Richard P. Lomurro
Steven E. Nelson
Trustee to fill the vacancy of the unexpired term of Lynn E. Staufenberg:
F. Bradford Batcha
Trustees to Legal Aid Society:
Joy Anderson
Mark T. Apostolou, Jr.
Gregory S. Baxter
Corrine Campi
Tanis Deitch
Thomas Ehrlich
Thomas Martin
Raymond S. Santiago
Robin Jill Schneider
Jason Sena
Charles F. Shaw, III
Ronald J. Troppoli
Thomas J. Smith, III, Esq., Chair
MBA Nominating Committee
Page 8 MONMOUTH MEMORANDA
LEGAL AID SOCIETY
THE LEGAL AID SOCIETY OF MONMOUTH COUNTY, LLC extends its heartfelt gratitude to every-
one who contributed to our organization in 2015. It is through the continuing pro bono efforts of so
many selfless Monmouth County attorneys, and the generous donations of both attorneys and private
individuals, organizations, business owners, that the Legal Aid Society is able to continue to service so
many needy individuals deserving of legal representation.
We continue to need donations to continue to operate at this time and seek donations at this time. If
you wish to donate to LAS, please send your contribution payable to "Legal Aid Society of Monmouth
County, LLC" to 2407 Route 66, Ocean. New Jersey 07712.
Please note all donations are tax deductible. Thank you again.
JOB POSTING
The Legal Aid Society of Monmouth County, Inc.,
is seeking a part-time Executive Director. The ap-
plicant must be an attorney admitted to practice
in the State of New Jersey.
Duties include: meeting and speaking with poten-
tial clients; reporting to the Board of Trustees on
a bi-monthly basis; fundraising; annual attendance
at a pro-bono conference; overseeing the day to
day operations; supervising the Secretary; occa-
sional trips to the bank; organization/
advertisement of fundraisers; and complying with
the Board's directives.
Prior experience with pro-bono organizations is a
plus.
All applicants are encouraged to submit their resume
by June 1st, 2016, to Lynn E. Staufenberg, Esq., at
Zager Fuchs, P.O Box 489, Red Bank, NJ 07701 or
via- email to [email protected].
Page 9 MONMOUTH MEMORANDA
SCENES FROM SPORTS NIGHT 2016
MOTION CALENDAR April 2016 — June 2016
Page 10 MONMOUTH MEMORANDA
Continued on next page
MOTION CALENDAR April 2016 — June 2016
Page 11 MONMOUTH MEMORANDA
Page 12 MONMOUTH MEMORANDA
MBA NEWS
GENERAL WELFARE OF
MEMBERSHIP COMMITTEE
& NEW JERSEY LAWYERS
ASSISTANCE PROGRAM
The New Jersey Lawyers Assistance Program was established to
provide assistance to attorneys, members of the judiciary, law
students and law school graduates with personal problems that affect their well being and professional performance. Their ser-
vices include help for such things as depression, stress and burn-
out, alcohol and drug abuse, marital and family relationships, pre-
scription drug concerns, gambling, career concerns, eating disor-
ders and balancing work and family.
The New Jersey Supreme Court has assured the utmost confiden-
tiality by adopting Rule 1:28B-3. Call 1-800-246-5527; 1-800-
24NJLAP or contact online at www.NJLAP.org. If you have any
questions please call Tracey at the Bar Association at 732-431-
5544 or you may contact me directly at 732-367-9025.
Thomas J. Smith, III, Chair, General Welfare of Membership Committee
(732) 367-9025
TIME TO TAKE ADVANTAGE
OF THE LAWYER REFERRAL
PROGRAM FOR 2016
For those of you who are not familiar with the program, the
Monmouth Bar Association receives numerous phone calls from
the general public seeking referrals to attorneys who specialize
and practice in the various areas of law including personal injury,
matrimonial, criminal, workers compensation, bankruptcy, land-
lord/tenant, real estate, commercial, among other areas.
The Monmouth Bar Association office matches the members of
the public with an attorney who regularly practices in that area
based upon geography and makes the referral. The Bar Associa-
tion charges a nominal fee of $150.00 for annual membership in
the Program. This is one of the great bargains in law. It is very
inexpensive to receive referrals which may ultimately lead to new
clients.
Call the Bar office (732-431-5544) for a 2016 Lawyer Referral
Program Application. Don’t miss out!!!
MONMOUTH BAR
ASSOCIATION DUES
Your annual dues are due on June 1, 2015. You
received by email the dues notice for 2015-2016
term.
Payment can be made via email to Tracey at
[email protected], fax to
732-431-2843 or by mail to:
MONMOUTH BAR ASSOCIATION
Courthouse
Freehold, New Jersey 07728
If you did not receive a copy of your dues notice
by email, please contact either JoAnne or Tracey
and a copy will be sent to you directly.
Thank you.
EMAIL MEMORANDA
Any member who is still not receiving their
Memoranda via email, please have them call
the Bar Association office at 732-431-5544
or forward their email to:
Email will allow us to provide you with
legal updates between the Memoranda and
it will allow us to remind you of upcoming,
not to be missed, seminars and meetings.
Thank you.
Page 13 MONMOUTH MEMORANDA
NEWS FROM NEW BRUNSWICK! - THE NJSBA REPORT
By: Tim McGoughran, Monmouth County Representative to NJSBA
Board of Trustees.
If you have not done so already please check out the new
NJSBA.Com website. It has integrated all the NJICLE materials
so as an active member all your ICLE tracking is done for you. It
has moved the NJSBA into the forefront of interactive websites and
I think you will enjoy what you see.
The following is a summary of actions taken at the Feb. 12, 2016,
meeting of the New Jersey State Bar Association Board of Trustees
at the New Jersey Law Center in New Brunswick. This summary
does not constitute official minutes.
Leadership candidates: The New Jersey State Bar Association’s
Board of Trustees issued a nominations report listing those candi-
dates nominated for leadership positions for the term commencing
May 2016 (Article IV, para. 7). All candidates were additionally
vetted and reviewed by the Nominating Committee, as per the by-
laws. The candidate list can be found at njsba.com. If no nomina-
tions by petition are received 30 days following circulation of the
Feb. 12 notice (by March 14), in accordance with the NJSBA by-
laws, the individuals will be considered elected by acclamation.
The installation of officers and trustees will take place at the Annu-
al Meeting and Convention on May 19.
Some of you may be aware that I put my name in for the position of
secretary. Domenick Carmagnola was selected by the nominating
committee and approved by the board of trustees to be the next
secretary of the NJSBA. Domenick is an excellent candidate hav-
ing served six years on the board of trustees and serving in many
leadership positions in the NJSBA. I wish him well as he moves up
the ladder to become president one day of the NJSBA.
Bylaws update: The Board of Trustees approved a slate of pro-
posed changes to the association’s bylaws. The changes are the
product of nearly three years of work by the Bylaws and Resolu-
tions Committee. Prior to board adoption, the proposals were also
shared with every section, commission and division of the NJSBA,
as well as county and specialty bar associations. The changes are
meant to modernize and streamline the bylaws that guide the
state’s largest association of judges, lawyers and legal profession-
als. The chief goal of updating the bylaws is simple -- make them
precise, consistent and, most importantly, easy for members to read
and use.
In related action, the board approved Intelliscan Inc. as the elec-
tion administrator for the voting on the proposed bylaws changes,
and any potential candidate election. Voting will begin next month.
Future of legal services: With the American Bar Association’s
adoption of Resolution 105 and increased attention on Internet-
based legal services outlets, the New Jersey State Bar Association
has formed a committee to examine how to address the intersection
of unmet legal needs of the public and the unauthorized practice of
law. The association has been an outspoken critic of proposals that
would allow non-lawyers the ability to perform some legal work.
The association believes that would pose significant risks to both
the public and the justice system.
Amicus: The trustees agreed the association should participate as a
friend-of-the-court in State v. Scott Robertson. The case asks what
is the appropriate standard for a stay pending appeal in matters
involving the suspension of a motor vehicle license from a judg-
ment issued in the municipal court and is on appeal.
Pro bono rules: The trustees supported sending a letter to the Ad-
ministrative Office of the Courts asking for clarification on the
newly adopted Rule 1:21-11. The new rule has to do with the way
pro bono organizations, other than those affiliated with Legal Ser-
vices of New Jersey, report information to the courts about their
volunteers each year.
Legislation: The trustees supported several pieces of legislation,
including A-2342, which provides that certain personal identifying
information may be redacted from various public records in special
circumstances; S-319, which clarifies the right to recover certain
uncompensated medical expenses under private passenger automo-
bile insurance; and S-524, which authorizes courts to include pro-
tection of children who are born if a woman is pregnant when a
domestic violence restraint is ordered.
In-house counsel committee: The association will form a new spe-
cial committee for in-house counsel to help association members in
the field come together to share their unique practice perspective.
The committee will aim to provide professional development op-
portunities; offer networking for in-house counsel; and create edu-
cational programming specific to issues affecting in-house counsel
like fulfilling ethical obligations to the corporate client or retaining
private practice counsel.
Hotel selected for Mid-Year Meeting 2016: The NJSBA Mid-Year
Meeting will be headquartered at the Hilton Amsterdam, Oct. 22-
29, 2016.
If any member of the Monmouth Bar has any questions or concerns
that they believe should be brought to the attention of the NJSBA
Board of Trustees please feel free to call me at 732-660-7115 or
email me at [email protected].
Page 14 MONMOUTH MEMORANDA
MONMOUTH TAX ALERT
Tax Law Committee Questions or Comments should be mailed
to:
Theodore M. David, Chairman Two University Plaza, Hackensack, NJ 07601
Blog: Learn to Love the IRS
Current Items:
1) Budget Tax Ideas
2) Emotional Distress Taxable
3) Cool Duds No Deduction
4) IRS Interest Rates Rise
1.) The President and Michelle are in Cuba right now as I’m writing this. Good for them. We had some snow last night. No other US president has been to Cuba in 90 years. Most people recognize that the US embargo to Cuba has had little or no effect on trouncing communism in our
hemisphere so now the Obama’s are cruising the Avenidas of Havana in a 1957 Chevrolet and it looks like us ordinary citizens will get a crack at
Cuban cigars and beaches fairly soon. But before taking off the president had proposed his budget which has a number of tax issues. There is no
chance of any of these becoming law this year. That’s why it’s just as well that the president is cavorting in Cuba rather than focusing on this stuff.
But should the Democrats win the presidency again many of these proposals may find light of day. So here it goes. The Democrats are out to get
the rich, they say. Of course who will be the rich will depend upon a lot of negotiation but once that is determined the idea will be to get them
to pay more tax. One idea is to limit the value of itemized deductions by capping them at some percent of the total. That most likely will be
teamed up with an increase in the capital gains tax rate. And dividends will also be a target for increased taxation. Those nasty rich have so much
of both of them. And then the most obnoxious of all of the provisions is imposing a 30% minimum tax on these overly fat cats. Not satisfied with
getting even with these folks on the income tax side some of these proposals call for increasing the estate tax rate and lowering the exemption
amount. Small employers will also be leaned on requiring them to offer pension plans or pension plan substitutes for their employees. Ouch. They
would also allow part-time employees to create 401(k) plans to make salary reduction payments. Can requiring employer matching be far off?
Small business will hate that provision for the record keeping alone. So I hope the Obama’s are enjoying a Mojito under a Cuban palm tree as the
rest of us here are trying to figure out what the tax landscape will look like in the next couple of years.
2.) Sometimes the Internal Revenue Code has a heart. While the law makes clear that income is taxable from whatever source derived both
legal and illegal, Congress in its wisdom created some specific exclusions. It really seems unfair to tax someone who was had physical injuries and
receives a legal settlement for them. Those payments are designed to render the injured plaintiff whole again. That is, no real taxable gain in-
volved. The thinking may be also that physical injury is preventing them from returning to work. Every year there are numerous tax cases trying
to determine whether or not physical injury is involved. While the code goes easy on physical injury it makes payments for emotional distress
taxable unless the emotional distress originates with the physical injury. The wisdom here may be a little cloudy but the tax law is not. Of course
things can be muddy when there is a weak connection between them. Consider the case of Barbato, TC memo 2016 – 23. In that case a woman
suffered actual physical injuries. But the lawsuit that was brought on her behalf claimed that her employer had discriminated against her because
she had requested medical accommodation for a prior workplace injury. So the question became was the award for the discrimination sufficiently
connected to the physical injury to be excludable? The Tax Court refused to make the connection and held that the payments for the emotional
distress were taxable. Litigation lawyers are wise to pay close attention to what they are suing for and alleging in any complaint or petition filed
on behalf of their clients as it may dictate the extent that the proceeds will be taxable.
3). It’s getting harder all the time to stay fashion conscious. The Internal Revenue Code allows a tax deduction for uniforms and clothing re-
quired in employment settings. Many years ago as an IRS lawyer I represented the Commissioner in a case involving a certain starlet who had
deducted the clothing which she wore for her appearances, special events and promotions. Her attorney argued the clothing was theatrical and
that she would not be wearing it except for its business connection. There we were two lawyers rummaging around in this lady’s closet trying to
determine what was inappropriate streetwear. As I remember it, the case got settled as do most Tax Court cases. Whether or not clothing is a
deductible expense to an individual does depend upon whether or not it is suitable to be worn outside of the employment situation. Pity Mr.
Beltifa, TC Summ.Op 2016-8, not a starlet, but a bartender. You may remember when only people in mourning and Johnny Cash wore black but
these days fashion demands of both men and women a considerable black wardrobe for all types of events. And therein lies the rub for Mr. Bel-
fita. He claimed that his employer required him to wear all black and worse than that the clothing had to be of high quality. The Tax Court Judge
perhaps being a fashionista himself and by the way wearing black at the time had no trouble telling the poor taxpayer that such clothing these
days is suitable for outside wear and not deductible.
4). It has been sometime since the IRS raised interest rates on overpayments, that is the amounts refunded to you when for example refunds
are held over 45 days and underpayments, that is amounts you owe them, a much more likely situation. But beginning with the second quarter of
2016 interest rates will rise to 4%.
“Taxes are the Price of Civilization”
Page 15 MONMOUTH MEMORANDA
CLASSIFIEDS
WALTON W. KINGSBERY III, ESQ.
formerly Assistant Ethics Counsel, Office of Attorney Ethics
25 YEARS EXPERIENCE HANDLING ATTORNEY ETHICS MATTERS
Representing attorneys in all phases of ethics investigations and hearings
Defending attorneys before District Ethics Committees, Office of Attorney
Ethics, Disciplinary Review Board, and New Jersey Supreme Court
Random and Select Audits, Fee Arbitration, Attorney Advertising, and Character
Committee matters.
FREE INITIAL CONSULTATION
908. 309. 1497
MICHAEL L. DETZKY, ESQ.
invites referrals from his colleagues
at the Bar in consumer and business
bankruptcy, immigration and
military law matters.
Thirty-three years experience.
Your client relationships will be
respected and protected.
(732) 780-3090
45 Court Street
Freehold, NJ 07728
BEST OFFER!!
Law office furnishings, conference table with black leather chairs, file cabinets, law books, etc. All in mod-ern good condition.
Contact: Wendie Elovich 732-842-8567 or by email to
Page 16 MONMOUTH MEMORANDA
OFFICE FOR RENT
Furnished Office for rent in tastefully decorated
Victorian Building located one block from Mon-
mouth County Court House. $650 per month
includes use of waiting room, conference room,
wifi all utilities (except phone). Ample on site
parking in rear. Possibility of referrals from oth-
er attorneys in the building. Great for attorney establishing new practice or for established
firms looking for satellite office close to the
Court House.
Contact Michael Detzky at (732) 780-3090
Page 17 MONMOUTH MEMORANDA
OFFICE SPACE FOR RENT
I have an office in our suite that is opening
up very shortly. We have about 4000 sq.
feet in our suite. It is an attractive modern
spacious office with use of the reception
room, conference room, kitchen, etc. We
are a group of 6 lawyers with support staff.
Limited receptionist service. Great for solos
or for a firm to set up a satellite office. Near
GSP and main highways. Come join the
group and develop new working relation-
ships. If interested, stop by. Rent and costs
can be discussed.
PLEASE CONTACT:
Adam Jon Weisberg, Esq.
1500 Allaire Avenue, Suite 101
Ocean Township, NJ 07712
(732) 517-1199
