BAR REPORT - Capitol Report
Recent activity in Trenton of interest to NJSBA members
January 15, 2018 at 07:05 AM
5 minute read
This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.
Reorganization leads to new faces, new staff in Assembly judiciary committee
Last week's swearing in of the new Legislature led to a shake up in the make up of the committees in both houses. Assemblyman Craig Coughlin took over the Assembly speakership with a new roster of chairs and a new committee, the Science and Technology Committee.
Assemblyman John McKeon moved his chairmanship over to the Assembly Financial Institutions and Insurance Committee, making room for Assemblywoman Annette Quijano, an attorney, to take over the reigns of the Assembly Judiciary Committee. Assemblyman Joseph Lagana, also an attorney, will continue on the committee as vice chair. Assemblyman Gordon Johnson also remains on the committee.
Newcomers Arthur Barclay and Carol Murphy join the committee this session. Barclay, a Camden Democrat, is the supervisor of the Camden County Department of Events and Community Outreach. He was a professional basketball player for the Rochester Razorsharks until 2009. This is Murphy's first term. The Mount Laurel Democrat was director of policy and communication for Assemblywoman Gabriela M. Mosquera and previously served as chief of staff to Senator Linda Greenstein.
Gone from the committee are attorneys Assemblymen Erik Peterson and Michael Patrick Carroll and Assemblywoman Liz Muoio, who Governor Phil Murphy named to be his treasurer. Assemblyman Andrew Zwicker, a plasma physicist, was named chair of the new Science and Technology Committee.
Also leaving the Assembly Judiciary Committee and the Assembly Majority Office, is Assembly Majority General Counsel Kate McDonnell, who heads to the governor's counsel's office as deputy chief counsel. McDonnell served as general counsel for eight years and previously served as associate general counsel.
NJSBA Legislative Lookout: What To Focus On This Session
The NJSBA not only weighs in on legislation, it also drafts bills when a need is seen. Here is a list of the state bar's priorities in the upcoming session:
Professional Liability: Last session, the Coalition of Licensed Professionals lined up behind a bill that would apply a uniform statute of limitations for professional malpractice actions. Those efforts have grown and gained a new momentum.
Educational Expenses for Unemancipated Children: Last session, the Assembly Judiciary Committee lauded association's Secretary Jeralyn L. Lawrence for her work on legislation. Lawrence testified, along with Robin Bogan, on a bill that would codify case law on the provision of educational expenses of unemancipated children.
Amendments to the Revised Uniform Limited Liability Corporation (LLC) Act: The NJSBA drafted amendments to update and fix the current statute regarding LLCs. The association will focus on updating this statute.
Ending Double Taxation of Attorney's Fees: The association took on the anomaly of double taxation of attorney's fees and costs received in connection with certain unlawful discrimination and retaliation claims and actions, by drafting legislation that would tax the attorney and not the plaintiff who never receives this portion of the award.
Adverse Possession: This bill would address the time frames for establishing or enforcing property rights related to adverse possession, particularly in tidal flow property claimed by the state that has not seen water for decades.
The Professional Services Corporation Act: The association drafted updates to this statute to revise the act to, among other things, eliminate the need for all owners to maintain a professional license.
Duration of Estate Tax Liens: The NJSBA-drafted bill sets an end date on liens on the estate tax to bring them in line with the inheritance tax.
Look for these bills to move in the next session, as well as a number of other issues top of mind to the association, including military diversion programs, representation in private adoption cases, criminal bail reform, prisoner reentry, and a host of other issues.
New Jersey's Booker Gains Coveted Senate Judiciary Committee Spot
United States Senator Cory Booker was named to the coveted Senate Judiciary Committee last week. The appointment allows him to participate in hearings and to vet the president's nominations to serve at the Justice Department on the federal Judiciary.
“It'll be my mission to check awful actions by Trump & Sessions; keep working to advance the cause of reforming our broken justice system; and to bend the arc of history closer toward equal justice for all,” wrote Booker in a tweet last week.
The committee opened up two spots due to the resignation of Senator Al Franken, who resigned following a series of allegations concerning alleged sexual misconduct, and the election loss of Senator Roy S. Moore. Senator Minority Leader Chuck Schumer appointed Booker and Kamala Harris of California—who become the second and third African Americans to serve on the committee in its history. Former Senator Carol Moseley Braun of Illinois was the first.
Booker made news last year when he voted against the nomination of Jeff Sessions for attorney general. He testified before the Senate Judiciary Committee on Sessions' nomination, making his objections known.
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