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MONMOUTH MEMORANDA Covering Bar Association Events
Court House - Freehold - NJ 07728 (732) 431-5544
www.monmouthbarassociation.com
September 2016 VOL. 35 NO.1
SEPTEMBER BAR DINNER
Thursday, September 15, 2016
Southgate Manor
Freehold, New Jersey
Cocktails & Hors d’oeuvres 6:00 p.m.
Dinner 7:00 p.m.
BENCH BAR NIGHT
Members of the Judiciary will give an
informative preview of the new term.
Guest Speakers
Honorable Mary Catherine Cuff
Judge of the Appellate Division
Honorable Lisa P. Thornton
Monmouth County Assignment Judge
Honorable Patricia Del Bueno Cleary
Presiding Judge, Chancery Division
Honorable Kathleen A. Sheedy
Presiding Judge, Family Division
Honorable David F. Bauman
Presiding Judge, Criminal Division
Honorable Joseph P. Quinn
Presiding Judge, Civil Division
Honorable James M. Newman
Presiding Judge, Municipal Courts
MONMOUTH BAR FOUNDATION
SCHOLARSHIPS WILL
BE AWARDED.
—————————————————————
Menu
Chicken or Fish
Cost: $55.00 Dinner Only
—————————————————————
ANNUAL ETHICS SEMINAR
Preceding the dinner
4:00 P.M. to 6:00 P.M.
(Earn 2.0 CLE Credits)
Members: $60.00 seminar only
$75.00 for both
Non-Members: $80.00 seminar only
$95.00 for both
Please make your reservations no
later than September 9, 2016 by email at
or by phone at 732-431-5544.
———————————————————————
The Legal Aid Society
will conduct a
50/50 raffle.
Page 2 MONMOUTH MEMORANDA
President’s Message Carol J. Truss, Esq.
I hope everyone has been en-
joying their summer and taking
advantage of what has been
some generally pretty good
weather. This summer has
been a busy one for the Monmouth Bar Associa-
tion, with several worthwhile and enjoyable
events. As president, I see firsthand how much
work Tracey Settipane does to make all of these
events run so smoothly, with the capable assis-
tance of Joanne Boyle. Thank you both for all
that you do!
In late June we held our annual golf outing at
the Navesink Country Club. Regardless of one’s
scores, it is so true that even a bad round of golf
is better than a good day at work. Many thanks
to Bunce Atkinson for making the arrange-
ments, committee co-chairs Bunce Atkinson and
Gene Melody III, and to Joe Casello for a su-
perb job in running the putting contest to raise
some money for the Legal Aid Society.
On June 24 we held our annual blood drive at
the Court House. Many attorneys, law clerks,
court house staff and others donated blood,
which is greatly appreciated by the Central Jer-
sey Blood Bank. Many thanks to the members
of the Blood Bank Committee for their efforts in
organizing the event and fostering participation
by donors.
On July 22nd, the Association had a double
header. In the morning and afternoon, we co-
sponsored a day at the races at Monmouth Park
with the Middlesex County Bar Association,
with the morning being devoted to an ethics
seminar and the afternoon to betting on the po-
nies. That evening, it was a short ride down
Route 36 to the Ocean Place for our Second An-
nual Beach Bash. It was a beautiful day and
the turnout at both events was great. Our
own Joe Hughes performed at the Beach Bash
with his band Goldenseal, while we enjoyed de-
licious food, good drinks, and even had games
for our younger guests.
Most recently, on August first many of us
helped Judge Mellaci celebrate his long awaited
retirement (by the Judge not by everyone else),
at a very nice cocktail reception at the Molly
Pitcher. The event was packed with well-
wishers and it is obvious that he will be sorely
missed.
Looking forward, our Annual Bench Bar Dinner
will be held on September 15th at South Gate
Manor in Freehold. I urge all of our members to
attend this event since it is an excellent oppor-
tunity to attend an ethics seminar beforehand,
and then socialize with your fellow attorneys
and the judiciary. Each presiding judge will
speak about their division and what is in store
for the coming year. In addition, the recipients
of the Monmouth Bar Foundation Scholarships
will be honored and introduced.
The cost for the Bench Bar Dinner is $75 for the
seminar and dinner for members, and only an
additional $20 for nonmembers ($95). This is
an excellent opportunity to introduce fellow
lawyers who are not members to the benefits of
belonging to our association. Please invite a
nonmember friend or two to join you so that
they can see what they are missing.
“Judge each day not by the harvest you
reap but by the seeds you plant.”
Author Robert Louis Stevenson
Page 3 MONMOUTH MEMORANDA
Monmouth Vicinage - Criminal Division Update
The new court year brings a number of changes to the criminal division. After congratulating
Judges Tassini and Mellaci on their retirement and honoring their years of dedicated service,
the division welcomed the leadership of Judge David F. Bauman as the Criminal Division Pre-
siding Judge. They also look forward to working with Judge Thomas F. Scully and Judge
Leslie-Ann M. Justus who have joined the criminal bench.
The highly anticipated implementation of Criminal Justice Reform is now in final planning
stages as the calendar draws closer to January 1, 2017. The Monmouth Vicinage and partner
agencies worked diligently over the past several months to put staffing and processes in place
to ensure our success in meeting requirements of the law and the expectations of the citizens
of New Jersey. The vicinage will host a Criminal Justice Reform Seminar with stakeholders
on September 28, 2016 to kick-off this historic legislation. We are honored that a number of
distinguished speakers and guests will participate, including Chief Justice Stuart Rabner and
Judge Glenn A. Grant, acting administrative director of the courts. The seminar will focus on
the importance of the Reform and how it will affect the day-to-day operations of law enforce-
ment, corrections, attorneys and the courts.
As we focus our attention on the Reform’s effects on policies and procedures, we are also ad-
dressing its impact on members of our community. Careful consideration has been made to
ensure that judges are provided the most accurate information that enables them to render in-
formed decisions that are free of gender and racial biases. In addition, more than 100 outreach
letters were sent to various constituents, local agencies and organizations, many of whom re-
main unaware of the upcoming changes. The vicinage offers to provide informational ses-
sions to the community and encourages discussion regarding the new law.
A number of court rule revisions related to Pre-Indictment and Speedy Trial guidelines have
already gone into effect, with further changes expected to municipal court and appellate rules.
It is imperative and vital to the overall success of Criminal Justice Reform that all attorneys
who practice in the area of criminal defense familiarize themselves with the court rules, partic-
ularly those rules which have or will be amended to conform to the requirements of the new
law. Additionally, we await the Attorney General Guidelines which will provide law enforce-
ment officers direction in the consistent application of the law.
Although this is a time of tremendous transition for all, it is an exciting opportunity for organi-
zational change. The vicinage continues to rely on the support and expertise of Bar members
to help bring about this major transformation.
Page 4 MONMOUTH MEMORANDA
CALENDAR OF EVENTS AND SEMINARS
PLEASE DIARY
and
PLAN TO ATTEND
———————————————
September 15, 2016 - Annual Bench Bar Dinner,
Southgate Manor, Red Bank.
October 13, 2016 - Harvestfest 2016, Bring your
Staff Night, Eagle Oaks CC, Freehold.
October 17, 2016 - Memorial Service, Judge
Thornton’s courtroom #307W, Freehold
November 17, 2016 - November Seminar & Net-
working Night, Shadowbrook, Shrewsbury.
December 8, 2016 - Holiday Show, Branches,
West Long Branch.
January 12, 2017 - Annual Family Law Dinner,
location to be determined.
February, 2017 - MBA Sports Night, Branches,
West Long Branch.
March 30, 2017 - March Bar Dinner, Navesink
CC, Middletown.
April 20, 2017 - April Bar Dinner, Breakers,
Spring Lake.
May, 2017 - MBA Installation Dinner, location to
be determined.
EARN YOUR CLE
CREDITS FROM THE
MONMOUTH BAR
—————————————
September 15, 2016 - Annual Ethics Seminar, Oyster Point Ho-
tel, Red Bank.
October 13, 2016 - Law Office Management & Technology, Eagle
Oaks Country Club, Farmingdale.
October 20, 2016 - AOC Professionalism Day, Jury Assembly
Room, Monmouth County Courthouse, Freehold.
October 26, 2016 - Labor & Employment Law Seminar, Ameri-
can Hotel, Freehold.
November 17, 2016 - Criminal Practice Seminar, Shadowbrook,
Shrewsbury.
December 2, 2016 - SUPER CLE, various practice areas, Law-
yer’s Lounge, Courthouse, Freehold.
January 20, 2017 - Municipal Court Seminar, Jury Assembly
Room, Freehold.
February 17, 2017 - Copyright and Trademark Seminar, Jury
Assembly Room, Freehold.
March 4, 2017 - Family Law Seminar, Molly Pitcher Inn, Red
Bank.
March 23, 2017 - Civil Practice Seminar, American Hotel, Free-
hold.
April 20, 2017 - Real Estate Seminar, Breakers, Spring Lake.
May, 2017 - Criminal Practice Seminar, location to be deter-
mined.
CRIMINAL PRACTICE COMMITTEE NEWS Steven Nelson, Esq.,Co-Chair
Page 5 MONMOUTH MEMORANDA
I hope everyone had a safe and enjoyable summer. It’s hard to believe the summer sea-
son, the time of year when we, as year-round residents of the Jersey Shore get to fully
enjoy the natural resources which make our community such a special place, is over.
Personally, for reasons obvious to those who know me, fall is my favorite time of year.
However, the more laid-back pace of the summer season serves a necessary purpose in
our lives. This is the time for us to downshift, slow down and physically and mentally
recharge our bodies in preparation for another year protecting the fundamental rights of
the accused and pursuing equal justice for all. Clearly not an easy, and often frustrating
task. It is that tireless, relentless effort that makes us a special group of professionals. It is
that effort that mandates a periodic mental and physical hiatus in order to stay healthy
and sharp. Unfortunately, although we may slow the pace of our professional lives for a
couple of months, during that same period it seems like time passes even faster than it
does throughout the rest of the year. Before we know it, Labor Day is upon us.
Practically speaking, Labor Day, the flipping of the calendar to September marks the
beginning of the new year. The lunar calendar tells us that the new year begins on January
1st. However, for most of our lives September has been the month during which we
resume the life we live the majority of the year. As kids we returned to school to face the
challenges of a new year. Challenges inherent to the progression from grammar school,
through intermediate school and into high school. Challenges created by change. Change
in the intensity of academic demands, interpersonal relationships and change resulting
from the maturation of our physical and emotional development.
Now, as adults, as lawyers, it’s no different. September marks the start of a new court
year. Judicial reassignments are in place, the new law clerks are trying to impress their
bosses with how much they know but have yet to realize how little they know, court
calendars are full and the Court House is alive. The judicial system is rejuvenated and
ready to face the challenges of the upcoming year. It’s an exciting time of year. It rekindles
childhood memories of the first day of school.
Hopefully everyone is well rested because the challenges we face in the upcoming year
are unprecedented. Criminal Justice Reform, the ill-conceived, unnecessary legislation
which will drastically change the criminal justice process as we have known it and for
which I am sure even the most avid proponents privately express doubts as to its pro-
spect for success, takes effect January 1, 2017. The second phase of the amendments to
the Court Rules promulgated to accommodate CJR take effect September 1, 2016 while
we still await guidance out of Trenton needed to establish the envisioned uniform applica-
tion of the first phase of the Court Rules which took effect last May. By the end of the
year more than half of last year’s criminal judges, including our Presiding Judge, will have
been lost to retirement and replaced by obviously qualified, yet much less experienced
judges. Twenty-first century technology in the form of mandatory electronic filing through
the eCourt system and the electronic delivery of discovery from the Prosecutor will
undoubtedly be a challenge for the older generation, technologically impaired attorneys.
Through a cooperative effort between the bench, prosecutor and defense bar, under-
scored by the need for patience, mutual respect and an understanding of the uncertainties
and growing pains we are sure to encounter, we can get through it.
Undoubtedly the most significant challenge we will face is the adjustment to, and imple-
mentation of the Criminal Justice Reform legislation comprised of a newly-established risk
assessment bail procedure and a speedy trial component. Considering the lack of guid-
ance out of Trenton regarding the implementation of the new laws, the uncertainties and
unanswered questions regarding new hearings, procedures and conferences required by
the new Court Rules and the rumored insufficient financial resources to fund the services
and procedures required by the new law, it is difficult to be optimistic for a smooth
transition which is only four months away. Whether one agrees with the legislation or has
an opinion as to its prospect for success the reality is that it will be the law and we must
accept it.
For the past several months our Criminal Division, led by Mary Ann McGevna and Kristy
Smith, has been doing its part to prepare for the “do more with less” burden they will
endure after the first of the year. Thankfully our existing pre-indictment/pretrial proce-
dures needed only minor modifications to comply with most of the newly-mandated
procedures under the amended Court Rules.
The second phase of amendments to the Court Rules takes effect September 1, 2016.
More specifically, R. 3:4-2 now requires the first appearance for a defendant committed
to the county jail on a warrant-complaint to be held before a judge authorized to set
conditions of pretrial release within 72 hours. The Rule also provides that non-
incarcerated defendants be scheduled for a first appearance within 60 days of arrest. We
are already in compliance with these new procedures as incarcerated defendants appear
before our Presiding Municipal Court Judge, James Newman in the courtroom at the
county jail within a day or so of their arrest and non-incarcerated defendants appear
before Judge Newman for a first appearance (which can be waived by counsel) in Room
325 at the Court House.
R. 3:4-6, which also becomes effective September 1, 2016 requires that every case be
scheduled for a pre-indictment conference which is to be held on the record, in open
court in the presence of the prosecutor, defendant and defense counsel. This newly-
established conference should not be confused with the pre-indictment program over
which Judge Kilgallen presides and which is geared to expeditiously disposing of the less
serious cases. The purpose of the new pre-indictment conference is to give the parties an
opportunity to discuss or finalize any pre-indictment disposition. Although no guid-
ance has been provided to establish uniformity in the pre-indictment conference
procedure throughout the State, every county has been ordered to establish a pre-
indictment program to comply with the new Court Rule. The program established in
our county applies to all cases that have been scheduled for a first appearance after
September 6, 2016. The pre-indictment conference pursuant to R. 3:4-6 will be sched-
uled within 45 days of the first appearance. The conference will be held in the court-
room at the county jail for incarcerated defendants. The mandatory conference for
non-incarcerated defendants and their attorneys will be held before Judge Newman in
Room 325 at the Court House. This procedure is subject to modification if or when
the anticipated guidelines for the new Court Rules are issued out of Trenton.
Under the bail reform aspect of the new legislation, a defendant’s pretrial release on
bail, and the conditions of such release will be based on a computerized risk assess-
ment as opposed to one’s access to the financial resources necessary to post a mone-
tary bail. The Court Rules associated with the bail reform are scheduled to become
effective on January 1, 2017. However, in preparation for Unit which will supervise a
defendant’s compliance with the conditions of his/her pretrial release, Assistant Crimi-
nal Division Manager, Michael Mazza has been assigned as the Director of the Pretrial
Services Unit effective 9/6/16. Mike has served in many positions within the Criminal
Division. His experience in, and familiarity with, our Criminal Division, coupled with
the respect he has earned serving as the former leader of other units within the
Division should give us a sense of confidence that the newly-created Pretrial Services
Unit will be in good hands.
We begin the new court year with a full complement of 7 judges. We welcome back
the Honorable Thomas F. Scully, our former Presiding Judge and Judge of the Drug
Court and Pre-Indictment Program. Judge Scully has assumed Judge Tassini’s caseload.
We also welcome the Honorable Leslie-Ann Justus to the Second Floor, East Wing.
Judge Justus has assumed Judge Mellaci’s cases. The Honorable David Bauman has
been appointed as our Presiding Judge and has moved upstairs to Judge Mellaci’s
former 3rd floor abode. Judges English and Oxley round out the criminal bench on the
2nd floor. Judge Kilgallen deservedly remains our Drug Court and PIP Judge. Her
Honor will continue to preside over proceedings in her previously assigned 3rd floor
courtroom. The Honorable Ronald E. Reisner, the next to be part of the mass exodus
from the criminal bench (December 2016) will finish his judicial career on the 3rd
floor.
We look forward to continuing the productive working relationship we have had with
the bench over the years with this newly-constituted assembly of judges. Any con-
cerns stemming from the relative inexperience of our judges can be somewhat allayed
by the fact that none of us have any experience with this new system. We can and will
learn the system together. Through hard work, cooperation, patience and under-
standing we can make it work.
Mandatory registration in eCourts and electronic filing in the Criminal Division be-
came effective July 1, 2016 pursuant to an Order issued by Judge Thornton. Paper
filings are no longer accepted. I have, in the past, stressed the benefits of eCourts. It
is no longer voluntary. It is mandatory. An anticipated modification to the database
should soon allow for the uploading of an Indictment. Considering the time con-
straints under the new Rules requiring the arraignment to be held within 14 days of
the Indictment (R. 3:9-1) it is imperative that we receive notice of the Indictment as
soon as possible. Notice through electronic means will avoid the inherent delays of
notice to counsel sent through the United States Postal Service.
R. 3:13-3(b)(3) allows for discovery to be provided “through email, internet or other
electronic means.” In an effort to accommodate the time constraints of R. 3:9-1 the
Monmouth County Prosecutor’s Office will be providing discovery to counsel of
record through the MCPO eDiscovery internet portal at https://
ediscovery.mcponj.org. Attorneys must register in order to get access to the portal
and to download the discovery for a particular case. If supplemental discovery is
provided by the State, counsel will receive an email or text indicating additional docu-
ments have been added to the case and are available for download. At this point,
audio and video discovery will be provided separately and available for pickup at the
Office of Criminal Case Management. It is anticipated that at some later date audio
and video discovery will be provided electronically. EDiscovery is scheduled to start
on 9/19/16. EDiscovery is another indispensable component to the success of the
Speedy Trial Legislation. The portal allows the attorney’s staff to register as an addi-
tional authorized user. Register today!
Finally, I would like to acknowledge the career of Assistant Prosecutor, Pete Boser
who retired last month after 30 years. Pete ran the Sex/Child Abuse Unit most of his
career out of the Jerseyville Ave. then-satellite office before the entire office moved
there. Pete was given the autonomy to dispose of his cases as he deemed appropri-
ate, even during Luis Valentin’s brief tenure. Never one with an agenda or ulterior
motive, Pete did what he truly believed was right. There was never a better prosecu-
tor to deal with than Pete Boser. I wish him only the best for whatever the future
holds. Just another example of how fast time passes.
MOTION CALENDAR September 2016 — December 2016
Page 6 MONMOUTH MEMORANDA
Continued on next page
MOTION CALENDAR September 2016 — December 2016
Page 7 MONMOUTH MEMORANDA
NEWS FROM NEW BRUNSWICK! THE NJSBA REPORT
By: Tim McGoughran Monmouth County Representative to NJSBA Board of Trustees.
Page 8 MONMOUTH MEMORANDA
It has been a long summer but the NJSBA has been busy. The
following is a summary of actions taken at the June 17, 2016,
meeting of the New Jersey State Bar Association Board of Trus-
tees at the New Jersey Law Center in New Brunswick. This sum-
mary does not constitute official minutes.
Presidential statements: At the meeting, NJSBA President
Thomas H. Prol issued a statement supporting the role the
courts play in society, saying judicial independence is funda-
mental to the mission of the association, and the impartial role
the courts serve in protecting the rights of each citizen is a pillar
of our democracy. Read the statement here.
In addition, he praised the anti-bullying work the New Jersey
State Bar Foundation has championed and paused for a moment
of silence to honor the victims of the Orlando nightclub shoot-
ing. Read the statement here.
Criminal justice reform: The NJSBA sent the Supreme Court
comments related to the upcoming criminal justice reform. The
comments cover everything from bail reform and speedy trial
rules to pretrial release and detention court rules. Read the let-
ter here.
2016-2017 budget approved: The leadership gave final approval
to a budget that projects roughly $12 million in revenue and
spending for the coming fiscal year. The plan reflects no in-
crease in dues or fees, and continues to invest in infrastructure
upgrades and producing events, seminars and conventions that
keep members up-to-date and benefit their practice and profes-
sional endeavors.
Diversity bar associations recognized: The Board of Trustees
designated 11 diversity bar associations as those that can par-
ticipate in General Council and be included in the process of
nominating future leaders. The trustees added the bar associa-
tions to its policy manual to ensure the goals of increasing di-
versity and inclusion in the profession can be achieved. The
included groups are:
Asian Pacific Lawyers of New Jersey
Association of Black Women Lawyers of New Jersey
Association of Portuguese Speaking Attorneys of New Jersey
Caribbean Bar Association of New Jersey
Garden State Bar Association
Haitian American Lawyers of New Jersey
Hispanic Bar Association of New Jersey
Korean Bar Association of New Jersey
New Jersey Women Lawyers Association
New Jersey Muslim Lawyers of New Jersey
South Asian Bar Association of New Jersey
At-large seats designated: As required under the NJSBA by-
laws, the trustees conducted the annual review of underrepre-
sented groups on the board. The designated groups are Afri-
can-American; Hispanic; Asian-Pacific; women; gay, lesbi-
an, bisexual or transgender; over age 70; and attorneys with
disabilities. The trustees designated a seat each for members
who are: African-American; Hispanic; Asian-Pacific; wom-
en; and gay, lesbian, bisexual or transgender. Three addition-
al at-large seats are open to members of any of the un-
derrepresented groups.
RPC on medical marijuana advice: The trustees supported a
proposed change to the Rules of Professional Conduct that
would allow New Jersey lawyers to counsel clients on the
state’s new medical marijuana laws. The proposed rule
change also suggests attorneys should advise clients regard-
ing federal law and policies. The NJSBA will suggest a clari-
fication, offered by its ad hoc committee that reviewed the
issue that would say lawyers should be permitted to counsel
clients on laws of other states in which the lawyer meets the
necessary requirements to do so. Read the letter here.
Sections and committees: The trustees took action on several
items related to the association’s sections and committees.
• They approved changes to the bylaws of the Immigration
Law Section. The changes include updating membership re-
quirements and adding three officers to the section – chair-
elect, treasurer and immediate past chair – which is con-
sistent with other sections.
• The trustees extended the appointments of several people to
continue serving as chair of its special and standing commit-
tees.
• The board also approved a proposal from the Pro Bono
Committee to create a social media campaign to encourage
members to take on volunteer matters during Pro Bono
Month in October.
• Prol also reminded trustees of their obligations, and that of
other members in leadership positions of sections, committees
and divisions, to review the association’s Diversity and Inclu-
sion Action Plan and to complete the Diversity and Inclusion
Action Plan Checklist, which can be found here.
Community Health Law Project honored: The Board of Trus-
tees adopted a resolution honoring the good work performed
by the Community Health Law Project under the direction of
David Lazarus, its recently retired director of litigation. The
resolution was presented at a celebration honoring Lazarus
in Maplewood. Read the resolution here.
(more on page 9)
NEWS FROM NEW BRUNSWICK! THE NJSBA REPORT
By: Tim McGoughran Monmouth County Representative to NJSBA Board of Trustees.
Page 9 MONMOUTH MEMORANDA
The following is a summary of actions taken at the July 15,
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.
Member survey: A pollster from Fairleigh Dickinson Universi-
ty’s PublicMind gave an overview of the NJSBA member poll
that was conducted this spring through electronic, print and
telephone surveys, as well as several focus groups. The next
steps include determining how to move forward with the infor-
mation and the recommendations highlighted in the survey re-
sults to best address the needs of members as identified in the
survey results.
Blue Ribbon Commission on Unmet Legal Needs: The board
accepted the final report of the Blue Ribbon Commission on
Unmet Legal Needs, which spent a year conducting extensive
research and debated how to bring together the cadre of attor-
neys who are underutilized with the portions of the population
who experience persistent unmet legal needs and cannot afford
market rates. Additional discussion of the conclusions and steps
forward will be undertaken at a future meeting of the board.
Committee name change: The board approved a name change
for the association’s Securities Litigation and Regulatory En-
forcement Committee. It will now be known as the Securities
Law Committee.
Contract approval: The trustees approved contracts to finalize
two events happening next year: the Family Law Retreat, which
will be held in March 22-26 in Cancun, and the Mid-Year Meet-
ing in Madrid next fall.
Government affairs: The board agreed to support A-2159/S-
2262, which prohibits the use of anti-concurrent causation
clauses in homeowners’ insurance policies.
American Bar Association resolutions: The trustees supported
several resolutions related to diversity and inclusion that will be
presented to the American Bar Association’s House of Dele-
gates, which is scheduled to meet in early August. With the
board’s support, the association’s delegates will be asked to
vote in favor of the resolutions when they are presented.
The resolutions all focus on ensuring that people from
diverse communities have full participation in the legal system,
from serving on juries to being considered for positions for the
federal bench.
A summary of the issues follows:
· Urge appropriate parties to recognize the importance of a
diverse federal bench and to expand the diversity of the pool of
qualified candidates;
· Create a rule prohibiting discrimination and harassment
in the justice system;
· Urge federal, state, territorial and local law enforcement
to provide a uniform translation of the Miranda warning in
Spanish;
· Urge all providers of legal services to expand and create
opportunities at all levels of responsibility for diverse attorneys;
· Urge the appropriate parties to adopt policies, legislation
and initiatives designed to eliminate the school-to-prison
pipeline; and
· Amend the list of those who should not be excluded
from jury service to include marital status, gender identity
and gender expression.
All of the resolutions can be found here.
The NJSBA also weighed in on the Supreme Court Commit-
tee on Domestic Violence. The comments are posted at
NJSBA.COM.
The NJSBA Mid-Year Meeting will be headquartered at the
Hilton Amsterdam, Oct. 22-29, 2016.
The NJSBA Family Law Section retreat will be held in Can-
cun Mexico from March 22, 2017 to March 26, 2017. 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 law-
yer this is the week!
On May 19, 2016 yours truly was sworn in as Chair of the
Family Law Section and I am looking forward to an exciting
year and an awesome retreat.
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
The New Jersey State Bar Foundation believes "Informed citi-
zens are better citizens." Whether it’s a consumer curious about
lemon laws, a caregiver who needs to better understand disability
law, a senior citizen interested in estate planning, or a student
who might be considering a career in law, you can help the New
Jersey State Bar Foundation educate our citizens to better under-
stand their legal rights and responsibilities by volunteering a
small amount of time to speak to a community group or school.
Signing up is easy. Choose the counties you are willing to travel
to, the type of audience you are willing to speak to, and the top-
ics that relate to your areas of expertise. Simply fill out the At-
torney Volunteer form on the foundation’s website (http://
www.njsbf.org/attorneys/volunteer-opportunities/attorney-
volunteer.html) and they will contact you by email when a re-
quest comes in that meets the criteria you indicated.
The only requirement for attorney participation in the Founda-
tion's Speakers Bureau is membership in the state bar associa-
tion. Other than that there are no meetings to attend and no fees
to pay.
Page 10 MONMOUTH MEMORANDA
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. Laughglin-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
GET A JUMPSTART ON YOUR MCLE
REQUIREMENTS!!!!!
We’ve added over 10 new CLE On-Demand videos to our web site since the beginning
of this year. These videos span across 7 of the most popular practice areas.
Go to http:/monmouthcle.learningcenter.com.
We’re adding new CLE videos each week, so please visit our site often. It’s
the most convenient way to fulfill your MCLE requirements.
Below are the 7 practices areas which our new courses currently cover:
Trust & Estates
Health Law
e – Discovery
Computer Forensics in Criminal Law
Family Law
Ethics & Professionalism
Civil Rights
Learn from some of New Jersey’s best and help
support your local County Bar Association! !
WINE TASTING AND
COCKTAIL RECEPTION
Fundraising event to provide much needed
financial support for the Legal Aid Society!
FRIDAY, SEPTEMBER 16, 2016
6:00 p.m. to 8:00 p.m.
4 JGs Orchards & Vineyards
127 Hillsdale Road, Colts Neck, New Jersey
For reservations, see attached flyer at the back of
this Memoranda.
Page 11 MONMOUTH MEMORANDA
MBA 2016 GOLF OUTING
Page 12 MONMOUTH MEMORANDA
MONMOUTH BAR FOUNDATION
The Monmouth Bar Foundation is a non-profit corporation which was organized in 1964 to promote legal
education and administer a scholarship fund for law students. In recent years the Foundation has been able
to award an increasing amount of scholarships due to the generosity of the lawyers in Monmouth County
who have contributed to the Foundation and who have set up memorial scholarships. In the past 52 years
the Foundation has distributed over $950,000 to assist law school students from Monmouth County. The
Monmouth Bar Foundation congratulates the following 2016 Award recipients:
Pizzulli Award – Brian Lanyon (SETON HALL)
Smith, Thomas Award- Brian Lanyon
Sawyer Award – Adam Morsy (RUTGERS)
“Honorable Judge” Milberg Award – Adam Morsy
Anschelewitz Award- David Incle (RUTGERS)
Barr Award-David Incle
Drazin Award- Andrew Strafaci (RUTGERS)
Frankel Award- Nicoletta Spallanzani (SETON HALL)
Tomaszewski Award – Nicoletta Spallanzani
Kantor Award- John Prindiville (NEW ENGLAND LAW)
Lomurro Award – John Prindville
Shebell Award – Jane Schnaider (CARDOZO LAW)
Nary Award – Kyle Campanile (WASHINGTON UNIV LAW)
Caruso Award – Kyle Campanile
Manna Award – Victoria Vitarelli (SETON HALL)
Chamlin Award- Victoria Vitarelli
Yaccarino Award – Sofia Ucles (RUTGERS)
Zaback Award – Sofia Ucles
“Honorable Judge” Hooley Award –Kaitlyn Maltese (RUTGERS)
Gumbs, Philip “Judge” – Kaitlyn Maltese
Phillip & Gladys Waldman & Alan & Steven Rodman-Alexa Joyce (HOFSTRA LAW)
Bernard Hoffman – Alexa Joyce
Page 13 MONMOUTH MEMORANDA
HAYDN PROCTOR INNS OF COURT
It is time to start the new year of the Haydn Proctor Inns of Court. Our Inn helps to make
us better attorneys; focused on the learning of trial advocacy and encouragement in profes-
sionalism. The New Year kicks off September 28, 2016 at the American Hotel in Freehold, NJ.
We will be addressing the major changes you need to know in Criminal, Civil and Family. The
topic will be vast; from the Court Rule changes to the Bail Reform. We are excited to invite
new members and potential members to our first meetings. The cost of membership is; As-
sociates $200.00, Masters/Barristers $225.00, Government employees $175.00 per year. The
cost of dinner and CLE credits at the American Hotel is $20.00. The majority goes to the na-
tional organization, venue and food. We hold meetings on the first Wednesday of each
month, with an exception being our first meeting because of the religious holidays. Every oth-
er month is our general meeting, which will be held at the American Hotel. On the alternat-
ing months, we will have practice group specific breakout sessions.
The schedule for this year’s meetings are as follows:
Sept. 28, 2016 American Hotel
Nov. 2, 2016 Practice Groups
Dec. 7, 2016 American Hotel
Jan. 4, 2017 Practice Groups
Feb. 1, 2017 American Hotel
March 1, 2017 Practice Groups
April 5, 2017 American Hotel
May 3. 2017 Practice Groups
June 7, 2017 Graduation – location to be announced
For more information or to receive an application, please contact Renee’ Altshul at
Jacobowitz & Defino, P.C. ([email protected]).
Page 14 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, 2016. You
received by email the dues notice for 2016-2017
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 15 MONMOUTH MEMORANDA
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) Whistleblowing for Fun and Profit 2) House GOP Plan 3) Home Tax Exclusion 4) Average Deductions 5) The Hero of Woodstock
1.) The IRS pays good money for information. In fact with a little bit of luck and the right know how a taxpayer can find himself richer than winning the
New Jersey lottery. Of course you have to have the goods. You also have to file form 211 with the Internal Revenue Service in Ogden, Utah. Code sec-
tion 7623 allows the IRS to pay for information. Some folks are excluded from reaping the award benefit. They include employees of the IRS or an em-
ployee of any federal state or local government if acting within the scope of his or her duties. Also excluded are people who by federal law are required
to disclose the information while acting in his or her official capacity as a member of a state body or commission. Those people with information who
have contracts with the federal government that form the basis of the claim are also excluded. Claims cannot be submitted anonymously or under an alias.
These claims are only allowed to be filed by a person, no corporations or partnerships need apply. When filing the form the whistleblower is expected to
include the evidence that they have discovered. IRS warns that it can take no responsibility if documents are obtained illegally. But if the information is
original and IRS is not otherwise on to the scheme, the payoffs can be grand. In one case a whistleblower who helped uncover a tax evasion scheme was
awarded 24% of the proceeds collected by IRS. The Feds collected $74 million. That amount was $20 million in tax and another $54 million in penalties.
IRS agreed that 24% of $20 million was due but that the penalty portion was not subject to the award. The whistleblowers challenged that in the US Tax
Court. The court held that indeed the award should be based on the total amount of $74 million. Not a bad day’s work. Whistleblower 21276-13W, 147
TC No. 4.
2.) No matter who gets to live on Pennsylvania Avenue next January one thing is fairly certain. Some version of tax reform will find its way into 2017. The
people want it and everyone is promising it. While it is way too early to begin planning for any of these changes Republicans in the house have their own
ideas of how tax reform should work. For example the tax brackets would be cut down to just three: 12%, 25%, and 33%. Standard deductions would
almost double: $12,000 for single filers and 24,000 for married couples filing jointly. Capital gains and dividends and interest income would get a 50% ex-
clusion and best of all both the alternative minimum tax and the estate tax would be repealed. Business taxes would also be chopped to a flat 20% rate for
corporations. S corporations, partnerships, sole proprietors and LLCs would be taxed at a maximum 25% rate. Both charitable deductions and home
mortgage interest would be allowed with some form of cap. And of course tax reform also aims at making changes to the Internal Revenue Service and its
method of operation.
3).The exclusion from capital gains when a principal residence is sold is a $250,000 plum for single individuals and a $500,000 goodie on a joint tax return.
Now the code requires that a taxpayer use the home as a principal residence for at least two of the five years before it is sold. The gain is calculated as it
is on any sale of a capital asset. The initial cost and improvements are added to the cost basis. The amount realized on the sale less the cost basis is the
gain. If that resulting gain is less than 250,000/500,000 the taxpayer is literally, excuse the pun, home free. There are many taxpayers who are advised by
their accountants to pay close attention to this two out of five year rule. Since by moving in and claiming the residence as a principal residence gain tax
can be avoided. In a recent case IRS determined in a private ruling that unforeseen circumstances which caused the home sale would allow gain exclusion
even though the two out of five year rule had been violated. In this case it was the growing size of the taxpayer’s family somewhat unanticipated which
required the taxpayer to move to a larger house. The ruling allowed the taxpayers to claim a percentage of the exclusion equal to the portion of the two-
year period that they owned and used their smaller condo as their principal residence.
4) You are not allowed to deduct average deductions on your tax returns unless you actually have had the expense. Tax returns are filed under penalties
of perjury and are at audit risk and IRS can get nasty about numbers that appear out of the blue. But if you are interested in whether or not your total
itemized deductions fall within the average category based on IRS data from 2014 returns, read on. For taxpayers with adjusted gross income between
$50,000 to $100,000, total itemized deductions were $19,409. For those with incomes between $100,000 and $200,000 the number is $25,374. For tax-
payers with adjusted gross income in excess of $250,000 total itemized deductions jump to $80,296. Does this let you sleep better?
5) Elliott Tiber died in August. He was not a lawyer, but at 81 many people may remember him as the hero of the 1969 Woodstock Music Festival. He
had been helping his parents run a money-losing motel in Bethel, New York. When Woodstock Ventures was denied a permit to hold the love and music
fest in Wallkill, it was Tiber then president of the Bethel Chamber of Commerce who issued a permit to himself to hold the art and music festival. He
transferred it to Ventures for $1. His parent’s motel called the El Monaco became the headquarters for the festival and lodging for the future superstars
who played there. If you missed the goings on in 1969, there’s a museum in Bethel where the concert happened devoted to the whole shebang.
“Taxes are the Price of Civilization”
Page 16 MONMOUTH MEMORANDA
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
Page 17 MONMOUTH MEMORANDA
CLASSIFIEDS
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
OFFICES FOR RENT
2 individual offices in a small law office suite are available starting at $750 per month including all Internet and phone service, utilities, use of con-ference room, coffee and snacks, as well as front desk reception. Fully furnished. Copier and fax sharing is available for a reasonable fee. Share a nice, fully furnished and decorated office suite overlooking a golf course in Colts Neck with an established matrimonial attorney. A rare, really good opportunity to move in with no costs up-front to a great professional environment for one or two lawyers. Secretarial space is also available at an additional cost. Strictly non-smoking environment.
Call Steve Kaplan (732) 539-9850 (cell)
PRO BONO EXPUNGEMENT ATTORNEYS NEEDED
Because of the recent changes in the law, South Jersey Legal Ser-
vices, Inc. (SJLS) has received a large number of requests for assis-
tance with expungements of their criminal records. Many of these
individuals need the expungements in order to secure employment.
We at SJLS would like to start a project to refer eligible individuals
who need expungements to pro bono attorneys through the Private
Attorney Involvement Program. Under this Program, SJLS staff
would gather the necessary documentation for the pro bono attorney
to provide advice and, if applicable, extended representation on
expunging the client’s criminal records. Attorneys who certify that
they have performed at least 25 hours of voluntary qualifying pro
bono service in New Jersey are exempt from being appointed to take
a Madden v. Delran pro bono case for the following year under Rule
1:21-12.
If you are willing to assist and/or would like more information about
the SJLS Private Attorney Involvement Program, please contact
Kristine Carranceja-Gurski, Assistant Pro Bono Coordinator at
SJLS, at (732) 414-6750 ext. 6516 or at [email protected] or
Michelle Nuciglio, Director of Pro Bono Services at SJLS, at (856)
964-2010 ext. 6229 or at [email protected].
Page 18 MONMOUTH MEMORANDA
ADVERTISEMENT
Page 19 MONMOUTH MEMORANDA
ADVERTISEMENT
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
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