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MONMOUTH MEMORANDA Covering Bar Association Events
Court House - Freehold - NJ 07728 (732) 431-5544
www.monmouthbarassociation.com
March 2017 VOL. 35 NO.7
MONMOUTH BAR ASSOCIATION
DUES INCREASE
By-Laws, Article III
Dues, Section 3.1
The Officers and Trustees at their meeting of Feb-
ruary 15, 2017, voted to change the present dues
structure as follows:
Present dues structure: Applicants admitted less than 1 year.........................................$50.00
Applicants admitted l to 4 years...............................................$100.00
Applicants who are full time State or County Employees..$125.00
Applicants admitted more than 4 years..................................$150.00
Proposed dues structure: Applicants admitted less than 1 year..........................................$75.00 Applicants admitted l to 4 years................................................$125.00
Applicants who are full time State or County Employees...$150.00
Applicants admitted more than 4 years...................................$175.00
In addition to dues, applicants are encouraged to
donate $25.00 for the Monmouth Bar Foundation.
Your donation will be greatly appreciated. Same
should be combined with your dues check. Thank
you.
A vote of the general membership, as
required in the By-Laws, for the adoption of
the proposed change will take
place on March 30th.
MONMOUTH BAR ASSOCIATION
MARCH BAR DINNER & SEMINAR
Thursday, March 30, 2017
Navesink Country Club, Middletown
Open Bar and Hors d’oeuvres 6:00 P.M.
Buffet Dinner 7:00 P.M.
Cost: $65.00 Dinner & Seminar
PROGRAM
Join us for a night to honor the Monmouth
Bar Foundation for its many of
years of service.
CIVIL PRACTICE COMMITTEE SEMINAR
4:00 P.M. to 6:00 P.M.
Earn 2.0 MCLE CREDITS!!
Please make your reservations by email to
Page 2
President’s Message Carol J. Truss, Esq.
Clearly I spoke too soon in my February message, regarding a dearth of snow storms. As I write this March message, a major snow event looms, and we can only hope that it will be
the last one of this winter season. Our annual Sports Night event at Branches once again was a great success. Thank you to all who generously donated sporting event tickets, gift cards and other prizes for our raffle. Unfor-tunately, Giants offensive guard Justin Pugh could not attend due to a last minute emergency, but instead, we were treated to appearances by two of his teammates, tight end Will Tye, and defensive end Kerry Wynn. Both players gra-ciously posed for numerous photographs and autographed many footballs and other memora-bilia for our guests. The Association of County Bar Presidents had a dinner meeting on March 1, 2017. This group is comprised of the immediate past president, cur-rent president, president-elect and executive di-rector of all 21 county bar associations. Gener-ally speaking, this association seeks to pursue goals that are advantageous for attorneys, the judiciary and the public throughout the State of New Jersey. Currently, efforts are underway to set up meetings with the gubernatorial candi-dates, to discuss with them their intentions rela-tive to resuming county bar involvement in the judicial selection process. On February 28, we lost long-time trustee and member Paul Frankel, Esq. Paul was a tax law practitioner for his entire career. He was in-volved with the Monmouth Bar Foundation for many years, as well as volunteering his time for a number of other worthwhile causes. The Family Law Committee presented their an-nual seminar on March 2 at the American Hotel. This informative program was well attended,
and the presenters included the Monmouth Vici-nage Family Law Bench. Our next dinner meeting will be held at the Navesink Country Club, on March 30, 2017. Prior to the meeting, the Civil Practice Commit-tee will present a seminar on recent develop-ments in that area of practice. At the dinner it-self we will be honoring the Monmouth Bar Foundation, for its many years of charitable work and contributions to our legal community. The foundation has been running a scholarship program for local law students for many years, in addition to its other worthwhile undertakings. I look forward to seeing you at our March din-ner meeting, and at the many other educational and social events coming up this spring and summer. Stay tuned for details about the Young Lawyers’ Division bowling event in early April. Our joint dinner meeting with the Ocean County Bar Association will be at the Breakers on April 20, and don’t miss President Elect Doug Ko-vats’ installation dinner at Eagle Oaks on May 11, both of which will be preceded by informa-tive seminars. “The difference between genius and stupidity is
that genius has its limits.” Albert Einstein
Page 3
MBA NEWS & EVENTS
OFFICERS AND TRUSTEES
FOR THE 2016-2017 TERM
Officers:
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
___________________________________________________
Trustees:
Paul H. Frankel, In Perpetuum Matthew A. Cohen-2017
John F. DeBartolo, In Perpetuum William J. Connelly-2017
Erik Anderson-2019 Michael L. Detzky-2017
Richard P. Lomurro-2019 Craig S. Laughlin-2017
Steven E. Nelson-2019 Anthony V. Locascio-2017
Jonathan Goldsmith Cohen-2018 James M. Newman-2017
F. Bradford Batcha-2018 Ellen Torregrossa-O’Connor-2017
Loryn M. Lawson-2018
Patricia B. Adams-2017
M. Scott Tashjy-2017
James J. Uliano-2017
Bunce D. Atkinson-2017
Andrea I. Bazer-2017
Michael G. Celli, Jr.-2017
___________________________________________________
Immediate Past President Ronald T. Catelli
Executive Director Tracey A. Settipane
Administrative Assistant JoAnne M. Boyle
N.J. State Bar Association Timothy F. McGoughran, Trustee
MONMOUTH BAR ASSOCIATION
NOTICE OF NOMINATION
Pursuant to Article VI, Section 6.2, notice is hereby given
that the following persons were nominated as candidates
for election as Officers and Trustees of the Association.
President: Douglas J. Kovats President Elect: Brian E. Ansell 1st Vice President: Joseph M. Casello
2nd Vice President: Christine G. Hanlon
Treasurer: Lynn E. Staufenberg Secretary: F. Bradford Batcha
Three Year Trustee:
John G. Hoyle, III M. Scott Tashjy
James J. Uliano
Trustee to fill the vacancy of the unexpired term of F. Bradford Batcha: Honorable Anthony J. Mellaci, Jr. (ret.)
Legal Aid Society Trustee: Mark T. Apostolou, Jr. Gregory S. Baxter
Corrine Campi Tanis Deitch
Thomas P. Ehrlich
Richard P. Lomurro Thomas H. Martin Catherine Murphy Jason Saad
Jason Sena Charles F. Shaw, III Ronald J. Troppoli
In addition to the nominations by the Nominating Com-
mittee, nominations from the floor for Officers and Trus-
tees will be accepted at the March 30th meeting at the
Navesink Country Club. A nomination from the floor
shall not be a valid nomination unless the person nominat-
ed accepts the nomination within ten days from the date
of the March meeting by forwarding a letter of acceptance
to the Association.
Ronald T. Catelli, Chair MBA Nominating Committee
Page 4
Monmouth Vicinage - Family Law Update
The family division continues to focus on increasing efficiency, providing information, and enhancing customer service for all court users
and recognizes the important role of the Bar in meeting these divisional goals.
Family court litigants may be affected by a significant court rule change that resulted from new statewide legislation terminating child
support. The Termination of Child Support Obligations, which became effective on February 1, 2017, applies to all new and existing child support orders and establishes 19 as the age when child support and/or medical support obligations are terminated. The protocol does
allow for child and/or medical support to continue up to the age of 23 for cases where: the dependent is still in high school, college,
vocational or graduate school; the dependent is disabled; the parties reached a separate agreement; or, the court granted continued
support.
As the new law is phased in, families with a child aged 22-3/4 or older as of February 1, 2017, recieved a Notice of Child Support
Obligation Termination, stating that child support will end on May 1, 2017 (and not the child's 19th birthday). Families with a child
between the ages of 18-1/2 and 22-1/2 and 22-1/2 and 22-3/4 as of February 1, 2017 were sent a notice that child support will end on
August 1, 2017 (and not the child's 19th birthday). These notices contain information on requesting a continuation of child support as well
as how the amount of child support may change depending on the circumstances or status of the case (i.e. whether payment is allocated or
unallocated, existence of arrears, etc.). Family division staff are available to answer questions regarding the new law and the vicinage is conducting a public information seminar on March 23, 2017 to review the law and its impact on court users who pay or receive child
support.
The family division has some exciting new additions and changes to share. We recently welcomed Judge Butehorn and Judge Marshall to
the family division and they are sharing the non-dissolution (FD) docket as well as hearing some pre- and post-dissolution (FM) cases. The
division also welcomed several recall judges. Judge Coogan is now assisting with dissolution (FM) and non-dissolution (FD) case types.
Judge Troiano came to us from Essex Vicinage and is handling the juvenile delinquency (FJ) calendar. Judge Bernstein will be supporting the
Children in Court calendar and providing assistance with FM and FD cases. Judge Flynn continues to handle Children in Court matters.
Presiding Judge Sheedy, in addition to a pre dissolution calendar and pre- and early post-dissolution motions has taken on the quasi-
criminal (FO) calendar which has expanded because of criminal justice reform. Judge Sheedy also addresses FJ and CIC matters, as needed, to ensure the timely movement of these sensitive cases. Judge Dalton and Judge McGann hear pre-dissolution matters as well as pre- and
post-dissolution motions. Judge Coyle continues to hear Children in Court matters. All of the family division judges take part in a rotation
for domestic violence (FV) proceedings.
In December of 2016, Carlos Gandulla was named assistant family division division manager with oversight of the FM, FD and Interstate
(UIFSA) teams. Assistant division manager Amy Fischer oversees the FJ, FV and Children in Court teams as well as mediators. Tara Buck-
ley, Rachel Dempsey and Barbara Ust are new team leaders in the division.
The eleventh Matrimonial Intensive Settlement Program (ISP) will be conducted in April and May of this year. As in the past, bar members
are readily offering their assistance and encouraging other key participants, like retired judges and financial examiners, to help settle cases. These collaborative efforts result in the disposition of backlogged matrimonial cases, allowing families to move on without pending court
matters.
The division also supports and strengthens families through its Family Engagement program. As part of a grant from the Juvenile Detention
Alternative Initiative Program (JDAI), the engagement program aims to increase participation by the parents/guardians of court-involved
juveniles. Matt Stevens, the program coordinator, has built many bridges within the community to expand awareness of the needs of these
juveniles. Family advocate groups were established and educational forums are conducted periodically to assist parents with court-involved
youths. This initiative is helping to improve communication within families and to make their experience in court more positive and pro-
ductive. Through the JDAI/Family Engagement initiative, a program for parents will be presented on March 29, 2017. The program will
focus on speaking to youth about drug usage and will provide helpful resources for parents.
You may recall that, as part of a statewide rollout, Monmouth’s family division developed its Youth Participation in Court Protocol to al-
low youth to appear and participate in their permanency hearings. The protocol helps reduce their apprehension in preparation for court
hearings. The process has proven to be successful with both children and young adults.
On November 19, 2016, the family division held another successful Adoption Day program and 27 forever families were formed. The
division is thankful to all those who participated, including members of the Monmouth Bar Association who continue to support the divi-
sion’s efforts to improve and enrich the lives of families and children.
Page 5
CALENDAR OF EVENTS AND SEMINARS
PLEASE DIARY
and
PLAN TO ATTEND
———————————————
March 30, 2017 - March Bar Dinner, Navesink
CC, Middletown.
April 11, 2017 - Young Lawyers’ Committee
Bowling Event, Sea Girt Lanes, Sea Girt.
May 1, 2017 - Annual Law Day Celebration, loca-
tion to be determined.
April 20, 2017 - April Bar Dinner, Breakers,
Spring Lake.
May 11, 2017 - MBA Installation Dinner, Eagle
Oaks Country Club.
EARN YOUR CLE CREDITS
FROM THE
MONMOUTH BAR
—————————————
March 30, 2017 - Civil Practice Seminar,
Navesink CC, Middletown.
April 20, 2017 - Real Estate Seminar, Breakers,
Spring Lake.
April 27, 2017 - Young Lawyers’ Committee
LinkedIn Seminar, Location to be determined.
May 11, 2017 - Criminal Practice Seminar, Eagle
Oaks Country Club.
NOTICE TO THE BAR
SEMINAR APPROVAL FOR
MCLE CREDITS
For those members attending Monmouth Bar Association
seminars, it is MANDATORY that you sign-in and complete
the Certification and Evaluation form provided.
In order to receive a certificate of attendance at the semi-
nar or within thirty days of successful completion of a
course, this is a requirement.
Thank you for your cooperation.
NEED CREDITS??
The MBA has a library of video-based CLE programs
available.
Appointments can be made to view these at a nominal fee
during business hours by calling Tracey or JoAnne at
732-431-5544.
Below are the practices areas which our new courses
currently cover:
Trusts & Estates
Criminal Law
Employment Law
Family Law
Ethics & Professionalism
CRIMINAL PRACTICE COMMITTEE NEWS Steven Nelson, Esq.,Co-Chair
Page 6
As we are in what is, in essence, a grace period for the first 6 to 9
months of the year before the issues and challenges of the speedy trial
aspect of Criminal Justice Reform must be confronted, the focus over
the first two months of practicing under the new criminal process has
been on the bail reform component of the law.
R. 3:25-4b(1) requires the Prosecutor to secure an Indictment of
a detained “eligible defendant’s” (a defendant arrested after January 1,
2017 and detained on a motion by the Prosecutor pursuant to R.
3:4A) commitment to the county jail. Subsection (c)(1) of said Rule
requires the trial for such a defendant to commence no more than 180 days following the return of the Indictment. These aggressive and
arguably unrealistic time restrictions can be enlarged on motion by the
Prosecutor pursuant to R. 3:25-4(b)(2) and (c)(2). These time con-
straints can also be enlarged by the inclusion of “excludable time” [R.
3:25-4(i)] which, if approved by the Court and confirmed in a written
Order, will prevent or delay the rule-mandated release of a detained
eligible defendant who is not indicted or tried within the respective
times proscribed by the Rule for each event. If the seemingly endless
and ever-evolving issues regarding the new bail procedures are a har-
binger of what we will face in the not-so-distant future with speedy
trial, fasten your seatbelts and hold on for a turbulent ride into the
future. Rest assured our Presiding Criminal Judge, the Criminal Divi-
sion and our Prosecutor and Public Defender offices are working tire-
lessly to implement the designed process without any real guidance
from those who hastily and with a clear lack of forethought persuaded
the uninformed voters and our partisan politicians of the need for such
a drastic change in the criminal process. Thankfully the Appellate Divi-
sion is acting swiftly in deciding the expedited appeals of Pretrial De-
tention Orders (R. 2:9-13) and providing some clarification of the bail
procedures established by the new rules.
The first Appellate Division decision addressing the pretrial de-
tention process was issued on February 8, 2017 in the matter of State
v. Habeed Robinson. The primary issue in that case was “the scope of
the discovery which the State must produce prior to a pretrial deten-
tion hearing heard under the Bail Reform Act.” (N.J.S.A. 2A:16-18 to
26) Pursuant to R. 3:4-2(c)(1)(b) the State must provide the defense
with all discovery in its possession “relating to the pre-trial applica-
tion.” The real question posed to the Robinson court was the mean-
ing of “relating to the pre-trial detention application.” The Appellate
Panel rejected the State’s argument that its discovery obligation was to
only produce documents upon which it intended to rely at the hearing.
Instead, the Court held that the Rule “requires the State to produce
those materials in its possession which relate to the facts on which the
State relies in its application.” The opinion reconfirmed established
New Jersey jurisprudence that materials in possession of the police are
in the “State’s possession” and must be produced. The Court ex-
pressed optimism that all parties would cooperate to expedite service
of discovery through available electronic communication methods.
Hence, eCourts/eDiscovery registration is a must for all criminal prac-
titioners. In response to the State’s concern that providing extensive dis-
covery at such an early stage of the case could create certain risks, the
Court noted that the State could seek a Protective Order to redact,
delay or withhold the disclosure of materials that would expose wit-
nesses or others to harm, jeopardize ongoing investigations and for
other legitimate reasons. [R. 3:13-3(c)(1) and (e)(1)] In a decision
which could be viewed as a significant win for the defense the due
process rights of those accused of a crime appears to have been the
Court’s paramount concern.
Being the first opinion to address an issue under the Bail Re-
form Act, Judge Susan Reisner, P.J.A.D., writing for the panel, pro-
vided an informative review of the history and context of the Crim-
inal Justice Reform Act which included an in-depth discussion of
both components of the Act, bail reform and speedy trial as well as
the accompanying amendments to the Court Rule and the new
legislation. Robinson at 7-21. Anyone looking for a Gilbert’s/
Emanuel (I’m dating myself) Horn book-type summary of Criminal
Justice Reform should make a point of reading the Robinson deci-sion.
The second reported bail reform decision was delivered by
Judge Carmen Messano, P.J.A.D. on March 1, 2017 in the matter of
State v. Amed Ingram on an appeal of a Detention Order issued out
of Camden County. At a detention hearing, unless the defendant is
charged with murder or a crime which exposes him to an extended
term of life imprisonment [R. 3:4A(b)(4) and (5)] there is a rebutta-
ble presumption in favor of some form of release, with or without
conditions. The Rule imposes the burden on the State to prove by
clear and convincing evidence (1) probable cause that the defendant
committed the alleged crime(s) and (2) that no amount of monetary
bail or non-monetary conditions, or a combination thereof, would
“reasonably assure the eligible defendant’s appearance in court
when required, the protection of the safety of any other person or
the community and that the eligible defendant will not obstruct or
attempt to obstruct the criminal justice process.” [N.J.S.A. 2A:162-
19(c)].
Although the express language of the Act only permits the
defendant to present information at the detention hearing “by prof-
fer or otherwise” during the early stages of the new procedure
county prosecutors throughout the State, over objections by the
defense, were presenting their proofs by simply proffering the war-
rant-complaint, the officer’s Probable Cause Affidavit, the Prelimi-
nary Law Enforcement Investigation Report (PLEIR) and the Public
Safety Assessment (PSA). The Ingram court, citing federal jurispru-
dence and referencing the legislative history of the Federal Bail Re-
form Act of 1984 held that despite the Act being silent as to wheth-
er the State may proceed by proffer, the New Jersey CJR Act per-
mits the State to proceed in such a manner. The Court specifically
held that, contrary to the defendant’s assertion, the Act does not
require the State to present live witnesses with knowledge of the
facts contained in the proffered documents and thus be subject to
cross examination by the defense. The Court noted the similarity
of the presumptions, standard of proof and language of the two Bail
Reform Acts (the Federal Act is also silent as to the government’s
ability to proceed by proffer) and cited a number of federal cases
from different districts permitting the government to proceed at a
detention hearing by proffer.
Judge Messano also addressed the “practical considera-
tions” of requiring the State to produce a witness with particular-ized knowledge of the facts proffered at every detention hearing.
Aha! Now we’re talking. Robinson recognized the importance of a
defendant’s due process rights when considered against a State’s
concern that could be adequately addressed through procedures
provided in the Court Rules, in that case, an Order of Protection.
Those same rights, when pitted against the inevitable, irreparable
devastation of the “laudable goals of expediency and judicial
(Continued on pg. 7)
CRIMINAL PRACTICE COMMITTEE NEWS Steven Nelson, Esq.,Co-Chair
Page 7
economy” if every detention hearing was converted into a “mini trial”
apparently became less important. While the Court’s subordination of
a defendant’s fundamental rights may be open to criticism, no one can
ignore the real-world, practical conflicts created by the Reform Act
which were not considered but inherent to the implementation of
CJR. Unfortunately, we can anticipate encountering the same inherent
practical conflicts in the not-so-distant future with regard to the imple-
mentation and compliance with the speedy trial aspect of the reform.
Although the Ingram decision was a clear victory for the State,
the Court did caution prosecutors about relying on documentary prof-fers that “provide the thinnest reeds of support for probable cause.”
The Court recognized that an inadequate documentary proffer by the
State could inhibit the State’s ability to establish probable cause. It
also confirmed that the Judge has the discretion to compel other evi-
dence or witnesses and/or deny the State’s request to detain.
Our CJR is modeled after the legislation enacted in Washington,
D.C. Word is that it took 10 years to iron out the wrinkles in the
D.C. criminal process. We can only hope that our legislators and CJR
proponents acknowledge the practical issues of the reform, listen to
those they have directed to implement it and act accordingly to make
the changes necessary to achieve the idealistic goals they sought.
For any reader taken aback by the length of this column or the
size of the font feel free to abort at any time. However, this is im-
portant stuff. For that reason I have attempted to limit my editorial
comments which, on occasion in the past (ok maybe more than “on
occasion”) have dominated my articles. For others, please read on.
There are many issues being dealt with on the local front. At the fore-
front of discussion is the representation at detention hearings of de-
fendants charged with disorderly persons offenses and/or those
charged with fourth-degree violations of a Domestic Violence Re-
straining Order (DVRO) which have been downgraded to disorderly
persons offenses and transferred to the Family Division. As the legisla-
ture has not appropriated funds for the county public defender to
serve as counsel for indigent defendants charged with non-indictable
offenses, the Municipal Public Defender for the town in which the
complaint was filed has been directed to represent such a defendant at
the detention hearing. Judge Bauman will continue to preside over the
hearing which, at this time, will be presented by the County Prosecu-
tor. The Municipal Court Judge, although having jurisdiction over the
case, cannot release a defendant ordered to be detained by Judge Bau-
man. However, the Municipal Court Judge does have the authority to
modify pre-trial release conditions of those defendants being super-
vised by Pretrial Services pursuant to an Order issued after the de-
fendant’s first appearance. For example, if a condition of the Release
Order is “no victim contact” and the alleged victim wants that condi-
tion vacated, the Municipal Court Judge can do it. Obviously the con-
ditions imposed by a Pretrial Release Order are vacated upon disposi-
tion of the case. Alleged violations of pre-trial release conditions by
defendants charged with DP’s will be prosecuted by the Municipal
Prosecutor and heard in the Municipal Court. One of, if not the most pressing issue is finding competent
counsel with criminal experience to provide pro bono representation
for indigent defendants charged with violations of DVRO’s and whose
charges have been downgraded and transferred to the Family Division.
Said defendants are not eligible for representation by the county public
defender. Therefore, representation must be provided by the random,
pro bono assignment from the Madden list, a list of attorneys in good
standing in the county of venue. Such a random pro bono assignment
from the Madden list, a list of attorneys in good standing in the
county of venue. Such a random assignment often results in attor-
neys who have no knowledge or experience in criminal law or pro-
cedure representing indigent defendants. Over the years this has
been a common occurrence and acceptable practice in cases dealing
with alleged violations of DVRO’s. However, Judge Thornton, our
TCA and the Criminal Division management, recognizing the liberty
interests at stake at a detention hearing, have understandably ex-
pressed a desire and need to have attorneys versed in criminal law
assigned to represent defendants in Family Division detention hear-ings. To date, through a cooperative solicitation effort, again evi-
dencing the moral integrity of the MBA membership, a number of
experienced criminal defense attorneys have agreed to be included
in a special pool of lawyers out of which pro bono assignments for
detention hearing cases will be made. Attorneys in the pool, unless
he/she volunteers for additional assignments, will only be assigned
one case. Completion of an assignment will satisfy the attorney’s
ethical obligation to provide pro bono services under the RPC’s.
Being solicited or being accepted to be part of such a pool of elite
criminal practitioners should be perceived as an honor and as an
acknowledgement by Judge Thornton and the administration of
one’s legal expertise. Volunteers are encouraged to contact Assis-
tant Criminal Division Manager Kristy Smith at (732) 677-4561 to
enlist into this elite group.
In the interests of full disclosure, attorneys assigned to
defendants at a DVRO violation detention hearing will be expected
to represent the defendant at the violation hearing. Violation hear-
ings are, for the most part, heard by Judge Sheedy. Judge Sheedy,
P.J.F.D. has assured us that she will list the violation hearings expe-
ditiously and extend courtesies to assigned counsel with regard to
scheduling and on the hearing date. Volunteering for such an as-
signment is one way to do your part to assist in the smooth transi-
tion into the new process.
Criminal defense attorneys are a unique group of lawyers.
We don’t stand before a jury asking for money. We don’t ask a
judge to award our clients material things through equitable distri-
bution of marital assets. Our clients trust us with their futures,
their lives, and often their freedom. We must never lose sight of
what we do and why we do it. When asked what type of law I
practice, I am proud to say I am a criminal defense attorney. I trust
others who are part of this special group of barristers have a similar
sense of pride. Attorneys of the defense bar are driven by an un-
paralleled passion which can only be understood and appreciated by
those who possess it. It is that sincere devotion that will sustain us
through this period of transitional uncertainty. It is that commit-
ment to what, how and why we do what we do that makes us will-
ing to do what we can to preserve the integrity of the criminal jus-
tice process.
Although we face difficult times ahead, we must, as a group, do what is necessary to make Criminal Justice Reform successful.
Page 8
MBA NEWS & EVENTS
SAVE THE DATE
THURSDAY, MAY 11, 2017
MBA Installation Dinner
EAGLES OAKS GOLF CLUB
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.
MONMOUTH/OCEAN
BAR DINNER & SEMINAR
Thursday, April 20, 2017
Breakers, Spring Lake
A casual evening to mingle with our
colleagues from Ocean County.
Dinner only $55.00 - Dinner and Seminar $75.00
Real Estate & Land Development Seminar
4:00 PM to 6:00 PM
Seminar only $60.00 members - $80.00 non-members
ADVERTISING
The Monmouth Bar Association is now
accepting advertising in the Memoranda
and on our website.
For additional information and rates,
email:
[email protected] or call the
Bar Association office at
732-431-5544.
All ads must be submitted in pdf format
and received no later than the 9th
of the month.
MOTION CALENDAR March 2017 — June 2017
Page 9
Continued on next page
MOTION CALENDAR March 2017 — June 2017
Page 10
NEWS FROM NEW BRUNSWICK! THE NJSBA REPORT
By: Tim McGoughran Monmouth County Representative to NJSBA Board of Trustees.
Page 11
The following is a summary of actions taken at the Feb. 10, 2017, 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. New trustee: At the outset of the meeting, association President Thomas H. Prol swore in a new trustee, Gregory DeMichele, of DeMichele & DeMichele in Haddon Heights. He is a litigator, devoting the majority of his practice to municipal court, person-al injury and family law matters. In addition to the NJSBA, he is active with the Camden County Bar Association and American Bar Association. DeMichele is filling a vacancy for a trustee from Camden County created when Linda Eynon became a Su-perior Court judge. Read DeMichele’s full bio here. Government relations: The trustees voted to support legislation that would allow people with a terminal illness who have less than six months to live to obtain a prescription for lethal drugs that would end their lives. A2451/S2474 includes a measure to protect physicians from legal action so they may write lethal prescriptions for terminal patients. The association examined the bill for over a year and determined it was necessary to take a position on the measure since it affects a constitutional right and will make substantial changes to the practice of law. The trustees also agreed the association would support A4040/S2546, which requires training for law enforcement of-ficers and assistance county prosecutors concerning the handling of domestic violence cases. And the association will support A392/S2647 with some amendments, which allows gross in-come tax deductions for contributions, earnings and qualified distributions associated with special needs trusts. Election: In the event of a possible election involving candidates seeking leadership positions in the NJSBA, the trustees ap-proved Intelliscan as the third-party election administrator, and selected March 20 as the start of the seven-day voting period.
Mid-Year Meeting 2018 update: The trustees approved the se-lection of London as the location for the 2018 Mid-Year Meet-ing. The association last held a meeting in that city in 1989. Diversity Luncheon keynote speaker selected: The annual Di-versity Luncheon is a featured event of the NJSBA’s Annual Meeting and Convention each year in Atlantic City. The Board of Trustees approved C. Vivian Stringer, head coach of the Rut-gers University women’s basketball program, as the event’s keynote speaker. In addition to her keynote remarks, Stringer
will take part in a panel discussion with attorneys sharing their experiences and insights about successes “on the court.” The event is set for May 18, to learn more about the Annual Meeting and the ticked events, click here. In Family Law there is a new alimony bill A3947 which would create retroactivity treatment in retirement cases for all agreements or final alimony orders entered prior to Septem-ber 2014 where the agreement or order is silent as to the is-sue. The NJSBA Family Law Section is closely monitoring tis bill and working with the sponsors to draft fair legislation for all parties. There is still time to sign up for the NJSBA Family Law Sec-tion retreat which will be held in Cancun Mexico from March 22, 2017 to March 26, 2017 at the JW Marriot. You do not need to be family lawyer to participate, just a member of the NJSBA. If there is one week a year to be a family lawyer this is the week! As Chair of the Family Law Section and I am looking forward to an exciting year and a successful re-treat. 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 12
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 2017-2018
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 2017 Lawyer Referral
Program Application. Don’t miss out!!!
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.
THE MONMOUTH BAR
FOUNDATION
SCHOLARSHIP
Any individual who is presently in law school, or will be
attending law school in the fall, who resides in or has sub-
stantial connection to Monmouth County and is interested
in obtaining an application for a scholarship from the Mon-
mouth Bar Foundation, may obtain one by emailing
[email protected] or by sending a self-addressed,
stamped envelope with ninety-five cents postage to:
Peter W. Kenny, Esq., President
The Monmouth Bar Foundation
149 Avenue at the Common, Suite 1
Shrewsbury, New Jersey 07702
The deadline for obtaining an application is April 30, 2017
which application must be submitted and received by Mr.
Peter W. Kenny, Esq., no later than May 19, 2017.
Page 13
MONMOUTH TAX ALERT
Tax Law Committee Questions or Comments should be emailed to:
Theodore M. David, Chairman [email protected]
Blog: Learn to Love the IRS
Current Items: 1) The Tax Law Mess 2) Tax Scammers Etc.
3) Tax Advocate Update 4) MBA Tax Deduction 5) File Early?
1) The Donald is off to a rough start to say the least. He’s managed to challenge the judiciary with his typical name-calling and bravado, alienate leaders of foreign countries and challenge some of the government’s deals made worldwide and that’s just in his first week at work. For this, perhaps, one day we can forgive him. But
his aim at tax reform is going to cause problems for lawyers, accountants, taxpayers and worst of all, me personally. How does one sort out the bravado from reality? Can the tax code be revised on Twitter? It appears this president has no idea how the game is played and is not interested in learning. So the most I can do is regurgitate what is flying around about tax reform at this time. It’s not his fault. It is what he is used to. Stirring up the pot in the first hundred days of his admin-
istration seems to be a priority. Even if going off halfcocked is the result. So here it goes: Some type of revision of the tax code generally and in particular tax rates for both businesses and individuals; punishing companies that have stashed profits overseas with a one-time extraction and penalties for continuing the schemes that let big corporations evade US taxes at will; reducing or eliminating some cherished individual tax deductions like mortgage interest, real estate taxes, state and local
income taxes and others; messing around with both the estate and gift tax law. Eliminating the estate tax would seem to be keeping a campaign promise to the super wealthy. Taxing the gain on appreciated assets in an estate subject to a $10 million per couple exemption will make for challenging, if not impossible, tax administration by a withering on the vine, IRS. Even if the estate tax is repealed it is likely that the gift tax may still survive in some form. All this translates of course
into a tax mess. When if ever is any of this to become legislation? With both the House and Senate in line some crazy things can happen. I’m sure Trump would like to get things underway in those first precious hundred days. But if you still believe somewhat in reality, some of this stuff may make it into 2018. For those tax practitioners advising clients I offer my condolences. The combination of fuzzy tax policy and an underfunded and unpopular IRS will make for a nightmare of tax
administration. If it makes you feel any better, I’m stuck trying to write about it. 2) The tax scammers are having a field day. Millions of people are being cajoled and threatened into sending money or revealing damaging personal information to telephone callers and emailers. My professional email is being filled these days by scammers posing as prospective clients. Tags like “urgent- please help” or “I have
been referred to you” or just a typically American surname is used as the reference. Opening an email from one of these jerks caused a virus that swallowed my
laptop. But it could be worse. The tax scammers are working tax professionals this way. The “client” will seek advice in filing their individual or business tax re-turns. If the practitioner responds requesting tax data, the scammer forwards an email file for review. Once opened that file contains either a virus or a program
designed to infiltrate the practitioner’s computer to obtain identifying and other confidential information. I now simply delete all of these emails as soon as received. If there is in fact a client seeking my services they will have to go about it in the old fashion way. The IRS has listed this scheme as one of the “Dirty Dozen” they publish every year along with many of the usual cast of characters including: Identity Theft, Return Preparer Fraud, Fake Charities (giving out fake news BTW),
Padding Tax Deductions( America’s favorite indoor sport), False Credit Claims, Tax Shelter Abuse and Offshore Tax Schemes of all kinds. The list is revised from time to time as the tax season and the year proceeds.
3) The Tax Advocate is on the side of tax reform and simplification. The national taxpayer advocate Nina Olson said that the code must be simplified. In her report to Congress her office stated that IRS data shows that individuals and businesses spent about 6 billion hours yearly complying with the tax code’s filing require-ments, not including millions of additional hours spent responding to IRS audits or notices. The report says: “If tax compliance were an industry it would be one of the largest in the United States” To consume 6 billion hours the tax industry requires the equivalent of 3 million full-time workers, so says the report.. The current
tax code contains more than 200 tax deductions credits, exclusions and similar tax allowances, if all tallied they amount to $1.42 trillion that’s more than Congress pays to run the entire federal government. Olson also requested that IRS change its culture from one that is enforcement oriented, to one that is service oriented and naturally she recommends that Congress give additional funding to the IRS to meet taxpayer needs. I think Ms. Olson needs to read item number one above
and she should perhaps not hold her breath. 4) The IRS hates to give up on the deductibility of educational expenses. Heck, getting a decent education these days costs a fortune. So if a taxpayer can figure out
a way of squeezing it into a tax deduction it can be made a lot less painful. In Long, TC summary opinion 2016 – 88, the taxpayer was a product marketing manager who sought an MBA degree. It was determined that his courses did not qualify him for a new trade or business and improved his current skill in the job he had even though unemployed for a few months while he was obtaining his degree. Therefore, his deduction was allowed and taxpayers picked up some of the cost of this
guy’s education. 5) Interested in beating identity theft when filing your tax return? IRS says to do so, file early. It believes thieves who have stolen your identity will file a tax return
as early as possible before you file your own in an effort to steal whatever they can. So the advice from IRS is to beat them to the punch and file as early as possible. Wait a minute. Is IRS scamming taxpayers into filing early so they can get tax information to start the audit machine? They wouldn’t do that…would they?
Want more tax stuff? Go to my blog at: Learn to Love the IRS.( a Google search takes you there)
“Taxes are the Price of Civilization”
Page 14
SCENES FROM SPORTS NIGHT 2017
.
Thank you to all of our members who contributed to the raffle!!!!
Page 15
CLASSIFIEDS
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
ASSOCIATE ATTORNEY
Monmouth County Law Firm seeks an Associate with 2-
5 years experience. Must be admitted to practice in
New Jersey. Practice area includes general civil litiga-
tion and other general practice matters.
To be considered for this position, candidate must sub-
mit the following, in confidence, via email to:
~ Cover letter with salary requirements
~ Resume
~ Writing sample
LAW OFFICES OF PETER C. LUCAS
725 CAROL AVE.
OAKHURST NJ 07755
THANK YOU FROM THE
LEGAL AID SOCIETY!! THE LEGAL AID SOCIETY OF MONMOUTH COUN-TY, LLC extends its heartfelt gratitude to everyone who contributed to our organization in 2016-2017. It is through the continuing pro bono efforts of so many selfless Monmouth County attorneys, and the gener-ous donations of both attorneys and private individu-als, 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 P.O. Box 2006, New Jersey 07712.
Please note all donations are tax deductible. Thank you again.
Page 16
ADVERTISEMENT
Page 17
CLASSIFIEDS
1st APPEARANCE-RISK ASSESSMENT HEARINGS
AND
PRE-TRIAL DETENTION HEARINGS
PAUL E. NEWELL is accepting referrals of clients for “1st Appearance-Risk Assessment Hearings” and “Pre-Trial Detention Hearings” under the new Criminal Justice Reform Act effective January 1, 2017.
“1st Appearance-Risk Assessment Hearings” must be held within 48 hours of a client’s commitment to jail, and Paul E. Newell will accept client calls at (732) 938-0201 on a 24/7 basis. Mr. Newell is availa-ble for hearings scheduled on Saturday, Sunday or holidays.
The fee for representation at a weekend “1st Appearance-Risk Assessment Hearing” is $ 2,500.00.
Referral fees are paid as permitted by Court Rules.
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
