NJSBA Bar Report logo. Credit: New Jersey State Bar Association;

NJSBA 2024 Annual Meeting and Convention: Education Sneak Peek

The New Jersey State Bar Association's Annual Meeting and convention will feature over 100 continuing legal education programs with jurists from every level of the bench and hundreds of practitioners who are top in their field. Attendees can earn up to 16 CLE credits.

Here is a sneak peek at just some of the programs this year. Visit njsba.com to learn more and register.

Opening Business Session and Keynote Presentation, Wed., May 15

Artificial Intelligence and the Impact on the Practice of Law

Everyone is talking about artificial intelligence, but do lawyers really need to know about it? Join us for this discussion that will explore how AI is shaping our profession, what opportunities may now open for you, and what you should be concerned about. Dr. Chris Mattmann, president and founder of Mattmann.AI, an international AI expert, author and speaker, will give a keynote. Thomas P. Scrivo will then moderate a discussion with New Jersey Supreme Court Justice Jaynee LaVecchia (Ret.), District Court Judge Katherine B. Forrest (Ret.), Administrative Office of the Courts Acting Administrative Director Judge Glenn A. Grant, New Jersey Public Defender Jennifer Sellitti and NJSBA President-Elect William H. Mergner, Jr.

Supreme Court Year in Review, Thur., May 16

Learn about the biggest cases facing the profession in the past year. Join this panel of jurists and practitioners talking about the decisions and issues that matter most to New Jersey attorneys.

Inside Trenton – New Laws, New Updates, What Does It Mean to You? Wed., May 15

Hear directly from sitting lawmakers on legislation and major developments in the law. They will discuss issues impacting the practice of law, whether it be judicial appointments, public records, insurance, and many other topics.

Now Daubert, Now What? Wed., May 15

The Supreme Court of New Jersey recently adopted the Daubert framework to evaluate the admissibility of expert testimony in criminal cases. Why is this change in the law important and what does it mean for admissibility challenges moving forward? In this presentation, members from the bench and bar with expertise in forensic evidence will explain the historical context of the use of forensic science in criminal cases, distill the Olenowski opinions, and discuss what the future might bring for practitioners under the Daubert framework.

Sittin' in With the DJs… With a Little Help from an MJ and AJ: 2024 Edition, Wed., May 15

Join this conversation with experienced practitioners and jurists for the latest in the U.S. District Court for the District of New Jersey.

Land Use and Its Impact on the Diverse Community – A Historical Perspective to Today, Thur., May 16

The discussion will include a look at the historical perspective of land use impacting diverse communities, an issue that is often overlooked. It will also examine current land use issues that are either directly or indirectly impacting the diverse community, including the present status of Mount Laurel, stormwater regulations and rent stabilization impacting development and more.

10 Ethics Tips All Attorneys Need to Know: Keep Your Practice Safe and Understanding the Attorney Ethics System, Thur., May 16

Learn about how the ethics process works, the various court agencies tasked with oversight of the practice of law, using the Ethics Hotline and other ethical matters of concern to the Supreme Court.

AI/GAI and Its Use for Lawyers and Employers: What Can Go Wrong? Thur., May 16

Join us for a discussion of how these tools are used in law firms; what it means for hiring, recruiting, interviewing and more in the employment context; the impact AI will have on diversity, hiring and retention; the latest case updates; EEOC and DOJ guidance and much more.

How Appealing: Tricks of the Trade in Appellate Practice, Thur., May 16

A retired New Jersey Supreme Court justice will be joined by esteemed appellate jurists and practitioners as they present a seminar in which they highlight the best practices for representing your clients on appeal.

Level the Playing Field! Name, Image and Likeness Issues for Amateur Athletes 2024 Update, Thur., May 16

Recent developments arising from the new NCAA rules for lawyers and lawyer-agents who advise, negotiate and advocate for the amateur athlete, including ethical considerations.

Defining Your Legal Legacy: Purpose-Driven Paths in the Law, Thur., May 16 

What does it mean to leave a lasting mark on the world through the practice of law? Defining one's legal legacy goes beyond mere technical proficiency. It demands an understanding of purpose and a deliberate and strategic approach to career advancement. This seminar presents an opportunity for legal professionals at different stages of their careers to explore the deeper dimensions of their work and chart purposeful paths toward enduring impact.

Tackling Fraud, Waste, and Abuse: Updates from the New Jersey Office of the State Comptroller, Thur., May 16

Hear from the Acting State Comptroller and members of his leadership team on how the independent government agency operates. From investigations into Medicaid fraud and police training to enforcing public bidding and contract law, OSC has broad oversight authority over the executive branch agencies and public spending.

Climate Change and Vulnerable Communities – An Insightful Discussion of Our Changing Weather and its Impact on Minority Communities, Thur., May 16

Climate change has wrought havoc to people across the globe. However, the brunt of the burden has not been equally distributed. Indeed, a 2021 Environmental Protection Agency report found that the most severe harms from climate change disproportionately affect underserved communities who are least able to prepare for – and recover from – heat waves, poor air quality, flooding, and other impacts. In this program, participants will hear from a panel with diverse views on the subject that will make for a robust and comprehensive dialogue, including remarks from the New Jersey Department of Environmental Protection Commissioner.

Lessons from Women Litigators and Judges, Thur., May 16 

One of the hottest programs of the Annual Meeting returns with a fresh panel of judges and practitioners who will discuss their journeys in the legal profession and what strategies attorneys can use in their day-to-day practices.

What Judges Wish They Knew When They Were Lawyers, Thur., May 16

A diverse panel of judges from all levels of the federal and state judiciaries will provide insight into what they wish they knew as lawyers that would have helped them be more successful.

Your Adversary Did What? Exploring the Line Between Zealous Advocacy and Outrageous Conduct in Depositions, Thur., May 16

This panel will consider the rules of conduct in deposition under the federal and state rules, using real-life examples of conduct in depositions that necessitated court intervention. In addition to discussing the governing rules, panelists will discuss how to best respond (if at all) to conduct that tests the bounds of advocacy and civility.

Are DEI Programs DOA? Status of DEI Programs Post-SFFA v. Harvard and SFFA v. UNC, Thur., May 16

Our panel goes beyond the surface to scrutinize the present status of DEI initiatives across the private and public business and educational sectors. Join us as we navigate the intricacies and challenges faced by organizations in fostering inclusive environments without running afoul of applicable statutes and developing case law. Gain valuable insights into the effectiveness of existing DEI programs, explore innovative strategies for improvement, and discover actionable steps towards a more diverse and equitable future.

Insta What?? Using Social Media to Ethically Build Your Brand, Thur., May 16

There is no question that social media is a growing force for reaching clients and building a brand. This panel will show attorneys who may not be familiar with using social media some of the tools they can use to reach new clients ethically.

Making Moves: Transitioning to Associate, Wed., May 15 

Making the transition from law school to a practicing attorney is an intense learning curve. Learn from people who have been in your shoes to find out the tips, strategies and skills they need to succeed and thrive.

Managing Partners Roundtable, Thur., May 16

Hear from the managing partners at the state's most prestigious firms to learn how they are navigating the issues facing the profession, including mentoring attorneys new to the field, navigating work-from-home and return-to-office policies, DEI matters and more. The chief legal strategist from ALM will join the discussion to share unique insights from the national landscape.

The Corporate Transparency Act: Overview and Practical Considerations for All Attorneys, Wed., May 15 

This presentation will provide an overview of this new law's most critical sections, explain how real estate attorneys can assist their clients with Corporate Transparency Act compliance and consider the best practices for law firms to follow in advising their clients.

Civil Bench-Bar; Criminal Bench-Bar; Family Bench-Bar; Workers' Compensation Bench-Bar, Fri., May 17

The popular sessions will be held immediately after the States of the Judiciary speeches on Friday morning bringing together judges and attorneys to discuss the key issues facing their practice areas.

NJSBA Capital Report logo. Credit: New Jersey State Bar Association.

NJSBA to Argue before State Supreme Court as Amicus in DWI Sentencing Case

The New Jersey State Bar Association will continue its work as a friend of the court in a case that involves more than 20,000 breath samples from driving while intoxicated (DWI) cases.

Jeffrey Evan Gold will argue the Association's amicus position in State v. Zingis on Tuesday, March 26, when the New Jersey Supreme Court hears arguments in Trenton.

The case focuses on the state's obligation, in a prosecution for a second DWI offense, to prove that a prior DWI conviction was not based on Alcotest breath sample results involving former State Police Sgt. Marc Dennis. Dennis was charged with misconduct for failing to properly calibrate Alcotest machines. That has called into question thousands of tests produced in DWI stops where Dennis calibrated the machines.

The Association has been part of the case during briefing and throughout special master hearings. Gold and NJSBA members John Menzel and Michael Troso wrote the NJSBA briefs.

"The Zingis questions are on discovery and burdens of proof. How does the State satisfy its discovery obligations, when seeking an enhanced sentence, to disclose to a defendant that Dennis calibrated a subject test they took during the arrest which ultimately convicted?" the Association stated in a brief. "What is the burden of proof on the State when it knows (collectively) that a Dennis calibration was associated with the prior arrest, versus when it knows he was not?"

The Association has urged the Supreme Court to follow the Special Master's recommendation to use an index to track the cases in question and an NJSBA-created repository containing calibration certificates for all machines known to have been calibrated by Dennis as a resource to determine if a prior conviction may have been tainted.

The Association said the Supreme Court should make the index and repository widely available, with certain protections, to provide notice to potentially aggrieved defendants and quickly obtainable evidence for active prosecutions. The Association further stressed the importance of the information being available for those contemplating post-conviction relief motions – rather than those already seeking post-conviction relief. It also urged the Supreme Court to require notice be provided to the Association regarding any modification of the repository with an opportunity to be heard before any modification could be accepted by the Court.

Arguments begin at 10 a.m. To watch live, visit njcourts.gov.

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.  

NJSBA Networking Features Connections and Hockey

Dozens of NJSBA members, along with their family members, took part in a night of hockey and networking. The gathering centered on a New Jersey Devils v. New York Rangers game at Prudential Center in Newark. Marcum LLP sponsored the event.