Sunday, September 04, 2011

1:39-1. Board on Attorney Certification

1:39-1. Board on Attorney Certification

(a) Appointment; Officers. …no change

(b) Quorum. … no change

(c) Regulations. … no change

(d) Operations. The Board shall, consistent with these rules and its Regulations,

establish procedures, publish forms and maintain records as required for the conduct of the

Board's operations and the certification of attorneys. The Board shall function as an appellate

arm for Certification Committee decisions. The Board shall [will] be responsible for the financial

and administrative operations of the certification program. The Board shall [will] maintain

responsibility for policy, for making recommendations to the Supreme Court in respect of Rule

and Regulation amendments, and [for accrediting continuing legal education courses] for the

general oversight of the functions of the Certification Committees.

(e) Legal Education Activities. [The Board shall cooperate with law schools in this State,

the Institute for Continuing Legal Education, and other recognized continuing legal education

sponsors in developing and maintaining courses, clinics and other offerings by such institutions

to enhance the skills and increase the knowledge of attorneys who seek to be certified by the

Supreme Court. The Board may also cooperate with other law schools, bar associations and

agencies interested in legal education.] The Board, on a case-by-case basis, may determine

whether courses taken by an attorney, which have been approved by the Board on Continuing

Legal Education for New Jersey’s mandatory continuing legal education program, will qualify

toward meeting that attorney’s continuing education requirements related to certification in a

particular specialty. The Board also may determine, on a case by case basis, whether certain

educational activities related to the area of specialty but not approved under New Jersey’s

mandatory continuing legal education program may be considered for accreditation toward the

educational requirements of certification.

(f) Reports. Reports as to the activities of the Board may be submitted to the Supreme

Court from time to time. [An annual report shall be submitted by February 15th of each year as to

the status of the certification program.]

(g) Staffing and Funding [Funds]. The day-to-day operations of the Board shall be

performed by staff operating under the supervision of the Supreme Court Clerk’s Office. Staff

salaries, benefits, and operational costs shall be funded from fees imposed pursuant to this rule

and the Board’s Regulations. To the extent that the Board is not self-supporting, funds necessary

for the operation of the certification program for attorneys shall be provided by the

Administrative Office of the Courts.

(h) Fees. Each applicant for certification and recertification and each certified attorney

shall pay required fees to the Secretary for the use of the Board. The fees shall be established in

amounts to be set from time to time by the Board, subject to the approval of the Supreme Court,

and, to the extent possible, so as to enable the program to be self-supporting.

(i) Effect of Board Membership. While serving on [During service with] the Board [on

Attorney Certification], no member shall apply for or be examined for certification in any of the

designated areas of specialty in this State. A [Certified] Board member who previously received

certification [Member] may be recertified during the member’s term of service on the Board.

(j) Immunity. Members of the Board and their lawfully appointed designees and staff

shall be absolutely immune from suit based on their respective conduct in performing their

official duties.