Kenneth Vercammen of Kenneth Vercammen & Associates. Photo: YouTube

As New Jersey municipal courts struggle to keep proceedings moving during the COVID-19 pandemic, some lawyers say a downturn in case volume is hitting them in the pocketbook.

Municipal court proceedings in New Jersey have been held remotely via Zoom or telephone since April. More recently, municipal courts have received the OK to hold in-person trials if they comply with the judiciary's regulations concerning facilities and security, but lawyers who were interviewed knew of no such trials taking place.

Municipal court trials can take place on Zoom if all parties agree to it, but defense lawyers appear uninterested, just as virtual grand jury proceedings have been unpopular with defense lawyers.

The state's 539 municipal courts are struggling to implement new technology that will allow proceedings to go on without the large crowds of litigants typically drawn to such hearings.

Lawyers who regularly appear in municipal court say that less activity for already-filed cases, combined with what they see as fewer tickets being issued by police, have caused their practices to slow down dramatically.

"We've had a huge drop in volume," said Michael Hoffman, a Vineland municipal court practitioner. "I'm sure it's caused a lot of stress and strain, in big and small firms. Some applied for [Paycheck Protection Program funds] and gotten it. Some are getting frustrated. Some are leaving the profession."

Kenneth Vercammen, an Edison municipal court practitioner, said he has been able to rely on writing wills and power of attorney documents on the side. The pandemic has reminded many people of the need to have a valid will, Vercammen added.

"I started doing more estate planning. I was making money in April. I was making money in the end of March," he said.

Jeffrey Gold, a Cherry Hill lawyer who represents defendants in drunken driving cases, said he has not received a new case since March since keeping bars closed means fewer people are charged with drunken driving. Gold says he can't move to another practice area.

"I'm a criminal defense attorney—that's what I do. I only do criminal defense work," Gold said.

Even New Jersey State Bar Association President Kimberly Yonta, a criminal defense lawyer whose practice has included some municipal court work, has seen a slowdown.

"I've been feeling it too—my phone has not been ringing, no question, as far as municipal court matters," she said.

The judiciary is looking to expand the role of technology in municipal court proceedings, launching a program that moves the negotiations between defendants and municipal prosecutors online. The Online Dispute Resolution program, which started in May in 30 municipal courts, is in the process of being expanded statewide. The program applies to 37 traffic offenses, such as speeding, failure to have an insurance card, or failure to yield, and the program can eliminate the need for a defendant to attend a court session in person.

In addition, in April the judiciary added 400 types of minor offenses to the types of cases where defendants can plead guilty and pay online without having to appear in court. These offenses include some minor traffic and parking matters and violations of fish and game laws and those concerning weights and measures.

But the New Jersey State Bar Association has raised concerns about the acceptance of pleas by mail. Lawyers practicing in municipal court find it is "confusing, inconsistently applied, does not effectively permit the disposal of many municipal court matters, and does not meet the notification requirements concerning potential immigration consequences," according to a June 12 letter by  Yonta to New Jersey Supreme Court Chief Justice Stuart Rabner.

In addition, it does not appear that the judiciary consulted prosecutors or defense lawyers in its design of the planned expansion of plea by mail into negotiated pleas, Yonta wrote. The judiciary called state bar leaders into a meeting soon after receiving the letter, and said the concerns will be addressed.

Yonta noted some municipal courts are currently open and holding hearings, some are using virtual technology, and others lack the resources. "It really has been a piecemeal approach, with regard to municipal courts," Yonta said.

Municipal courts are funded by municipalities, and such expenses as court technology and increased sanitation are not in some municipal budgets, Yonta said.

Defense lawyers in municipal court have faced an assortment of other snags, such as not having any phone numbers or emails for municipal prosecutors.

Vercammen said he welcomes the opportunity to handle some proceedings online, because his practice covers a wide geographic area and he no longer has to endure long drives to far-off courts.

Gold says many municipal courts struggle to adopt new technology because they lack access to the technical staff that the state court system has. Still, he thinks new technology is a positive development.

"I think technology is going to push the courts in the right direction. Learning all this technology will be a good thing for the future," he said.