We applaud the legislature and governor for enacting legislation to open a "window" in the statute of limitations to permit victims of childhood sexual abuse to seek justice in our courts. This new law, which took effect on Dec. 1, modified the preexisting two-year statute of limitations to provide a two-year period for victims who are otherwise barred to file their cases. Further, it amends the Charitable Immunity Act to permit claims of willful abuse by nonprofit organizations within seven years from discovery of the damage from the abuse, or age 55, whichever is later, and claims for ordinary negligence in hiring and supervision of employees. The law also amends the Tort Claims Act to eliminate immunity for sexual abuse lawsuits. It does, however, prohibit class actions or class settlements. Cases will have to be brought individually.

Subject to the constitutional limits on our courts' personal jurisdiction, and our choice-of-law rules, a number of cases from out-of-state plaintiffs have already been filed here. According to some of the complaints, cases of abuse took place on weekend or holiday trips when alleged abusers brought children from other states to New Jersey. A number of these cases come from Pennsylvania, where the legislature has refused to enact statutory relief, and after years of delay has rather embarked on a cumbersome process to amend their constitution to provide a remedy. There are also a number of strictly New Jersey cases that are being filed. More than 50 cases were filed the first day the new law took effect. In New York, which opened a one-year window, over 1,100 cases have been filed.

In any event, the welcome and overdue opportunity for both New Jersey and at least some out-of-state victims to seek judicial relief in our courts for their damages may be frustrated by the backlogs in our courts caused by the dangerous level of unfilled vacancies in our judiciary. We have recently editorialized on this impending or already-existing crisis, "Take Action on Essex County's Judge Shortage," 225 N.J.L.J. 3214 (Dec. 9, 2019), which will only be made worse as these new litigants bring their cases to our overcrowded courts. As the old saying goes "Justice delayed is justice denied." The Senate's recent confirmation of three new Superior Court judges will make only a small dent in the problem. We are experiencing one of the weak spots in our otherwise admirable appointive judicial system.