Stack of files.

Curtailed court proceedings since the COVID-19 pandemic are translating to big growth in the volume of backlogged cases in New Jersey's trial courts.

The number of backlogged cases statewide in May 2020 represents a 153% increase over May 2019, according to data provided by the Administrative Office of the Courts. The courts counted 19,791 backlogged cases systemwide in May 2019 and 50,185 this May. (Those numbers exclude pre-indictment criminal cases, and cases in the multicounty litigation program for mass torts.)

Case backlogs are growing fastest in the Family Part and Special Civil Part, while backlogs in the Civil Part and the Criminal Part have also been on the rise, albeit at a less dramatic rate, according to the AOC's data. Meanwhile, backlogged cases in the General Equity Part and multicounty litigation have declined since the pandemic started, the data shows.

In the Family Part, the backlog in nondissolution cases grew by 531%, from 502 cases in May 2019 to 3,170 this May, and backlogged domestic violence cases statewide increased from 231 in May 2019 to 1,370 in May 2020.

Backlogs in the resolution of dissolution cases—those concerning disputes among married couples—grew 70%, from 1,185 cases in May 2019 to 2,016 this May. Among juvenile delinquency cases, the statewide backlog rose 395%, from 293 cases in May 2019 to 1,453 this May.

In the Special Civil Part, the overall number of backlogged cases rose 5,662%—from 316 in May 2019 to 18,210 this May.

The fastest-growing backlog in that part comes in landlord-tenant cases. There, the number of backlogged cases statewide grew from 38 in May 2019 to 14,085 this May, for an increase of more than 36,000%.

In March, Gov. Phil Murphy issued Executive Order 106, suspending actual evictions statewide. But the Supreme Court has taken that order a step farther, suspending all eviction proceedings. According to COVID19.NJ.gov, the "eviction moratorium does not halt court proceedings; instead, it prevents lockouts and removals. The New Jersey Supreme Court controls court proceedings related to eviction and has suspended all eviction proceedings for now."

Joseph Threston, a Riverton solo practitioner who handles landlord-tenant cases, said the halt to court proceedings has been difficult for litigants, attorneys and court staff. Courts are accepting newly filed eviction complaints, but are not holding any other proceedings, Threston said. He said court officials in his home county of Burlington held a landlord-tenant law teleconference recently in which attorneys were urged to encourage parties to settle their cases. But getting parties to settle is not easy because of the moratorium on evictions, he said.

"I anticipate at some point there's going to be a logjam that breaks open, and I anticipate it's going to be a very hectic time," Threston said. "The longer it goes, the more it is a strain for everybody."

Landlord-tenant sessions typically draw a large number of parties to court, so courts will need to work out new ways of handling large volumes of litigants in light of social-distancing requirements, Threston added.

Auto negligence cases have also seen a jump in backlogs, from 19 statewide in May 2019 to 88 this May, an increase of 363%.

Lauren Fraser of Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins in Springfield, chairwoman of the New Jersey State Bar Association's Automotive Litigation Committee, said the judiciary is giving automotive injury litigants the opportunity to move their cases forward if they are willing to submit to a bench trial or settlement conference, but most plaintiffs lawyers are unwilling to waive their clients' right to a jury trial. Since the courts have placed a moratorium on new jury trials, that creates less of an incentive for parties to settle, said Fraser.

"For the most part, we're kind of kicking the can along," she said.

Some plaintiffs may be faced with hard choices because of the present circumstances, according to Fraser.

"I think it's going to force cases to settle, maybe not even at full value, because of the necessity of resolving a claim for a client to pay their medical bills, or for a solo or small firm who needs to keep the lights on," she said.

"For the rest of us, I'm hoping the courts come up with some creative solutions to help us—maybe more mediation or ADR. At the end of the day, it's going to be difficult to move these cases along," Fraser said.

Backlogs in pre-indictment criminal cases have been growing rapidly—from 8,583 in May 2019 to 16,586 this May, a 93% increase. But the backlog did not jump as sharply in post-indictment criminal cases; that went from 6,248 in May 2019 to 9,568 this May, a 53% increase.

Because grand juries have been suspended, hundreds of jailed defendants are awaiting indictments. In May the judiciary launched a pilot program to hold virtual grand juries, but the idea has been met with resistance from lawyers.

The backlogs are forming just as the volume of new case filings has taken a tumble, with new filings down 20% year over year for the first four months of 2020.

Court by court, backlogs increased in all 21 counties in May, with increases ranging from 282% in Burlington County and 260% in Camden County, to 66% in Cape May County and 93% in Gloucester County.

The judiciary assigns time goals for processing each type of case, and considers a case backlogged if that goal is not met. Those goals vary from one month for domestic violence cases; to 12 to 24 months for civil cases, depending on complexity; to four months for criminal cases.