Friday, September 30, 2011

39:3-40 Penalties for driving while license suspended 3rd offense

39:3-40 Penalties for driving while license suspended 3rd offense

39:3-40 No person to whom a driver's license has been refused or whose driver's license or reciprocity privilege has been suspended or revoked, or who has been prohibited from obtaining a driver's license, shall personally operate a motor vehicle during the period of refusal, suspension, revocation, or prohibition.

No person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor vehicle during the period of such revocation.

Except as provided in subsections i. and j. of this section, a person violating this section shall be subject to the following penalties:

a.Upon conviction for a first offense, a fine of $500.00 and, if that offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);

b.Upon conviction for a second offense, a fine of $750.00, imprisonment in the county jail for at least one but not more than five days and, if the second offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended and that second offense occurs within five years of a conviction for that same offense, revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);

c.Upon conviction for a third offense or subsequent offense, a fine of $1,000.00 and imprisonment in the county jail for 10 days. If the third or a subsequent offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended and the third or subsequent offense occurs within five years of a conviction for the same offense, revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);

d.Upon conviction, the court shall impose or extend a period of suspension not to exceed six months;

e.Upon conviction, the court shall impose a period of imprisonment for not less than 45 days or more than 180 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in bodily injury to another person;

f. (1) In addition to any penalty imposed under the provisions of subsections a. through e. of this section, any person violating this section while under suspension issued pursuant to section 2 of P.L.1972, c.197 (C.39:6B-2), upon conviction, shall be fined $500.00, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be imprisoned in the county jail for not more than 90 days.

(2)In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraph (1) of this subsection, any person violating this section under suspension issued pursuant to R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a) or P.L.1982, c.85 (C.39:5-30a et seq.), shall be fined $500, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, and shall be imprisoned in the county jail for not less than 10 days or more than 90 days.

(3)In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraphs (1) and (2) of this subsection, a person shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, which period shall commence upon the completion of any prison sentence imposed upon that person, shall be fined $500 and shall be imprisoned for a period of 60 to 90 days for a first offense, imprisoned for a period of 120 to 150 days for a second offense, and imprisoned for 180 days for a third or subsequent offense, for operating a motor vehicle while in violation of paragraph (2) of this subsection while:

(a)on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(b)driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(c)driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph.

It shall not be relevant to the imposition of sentence pursuant to subparagraph (a) or (b) of this paragraph that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session;

g.(Deleted by amendment, P.L.2009, c.224);

h.A person who owns or leases a motor vehicle and permits another to operate the motor vehicle commits a violation and is subject to suspension of his license to operate a motor vehicle and to revocation of registration pursuant to sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5) if the person:

(1)Knows that the operator's license or reciprocity privilege to operate a motor vehicle has been suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a); or

(2)Knows that the operator's license or reciprocity privilege to operate a motor vehicle is suspended and that the operator has been convicted, within the past five years, of operating a vehicle while the person's license was suspended or revoked.

In any case where a person who owns or leases a motor vehicle knows that the operator's license or reciprocity privilege of the person he permits to operate the motor vehicle is suspended or revoked for any violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the person also shall be subject to the following penalties: for a first or second offense, a fine of $1,000, imprisonment for not more than 15 days, or both; and for a third or subsequent offense, a fine of $1,000, imprisonment for not more than 15 days, or both, and forfeiture of the right to operate a motor vehicle over the highways of this State for a period of 90 days;

i.If the violator's driver's license to operate a motor vehicle has been suspended pursuant to section 9 of P.L.1985, c.14 (C.39:4-139.10) or for failure to comply with a time payment order, the violator shall be subject to a maximum fine of $100 upon proof that the violator has paid all fines and other assessments related to the parking violation that were the subject of the Order of Suspension, or if the violator makes sufficient payments to become current with respect to payment obligations under the time payment order;

j.If a person is convicted for a second or subsequent violation of this section and the second or subsequent offense involves a motor vehicle moving violation, the term of imprisonment for the second or subsequent offense shall be 10 days longer than the term of imprisonment imposed for the previous offense.

For the purposes of this subsection, a "motor vehicle moving violation" means any violation of the motor vehicle laws of this State for which motor vehicle points are assessed by the chief administrator pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

Wednesday, September 14, 2011

39:3-40 Penalties for driving while license suspended

39:3-40 Penalties for driving while license suspended

39:3-40 No person to whom a driver's license has been refused or whose driver's license or reciprocity privilege has been suspended or revoked, or who has been prohibited from obtaining a driver's license, shall personally operate a motor vehicle during the period of refusal, suspension, revocation, or prohibition.

No person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor vehicle during the period of such revocation.

Except as provided in subsections i. and j. of this section, a person violating this section shall be subject to the following penalties:

a.Upon conviction for a first offense, a fine of $500.00 and, if that offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);

b.Upon conviction for a second offense, a fine of $750.00, imprisonment in the county jail for at least one but not more than five days and, if the second offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended and that second offense occurs within five years of a conviction for that same offense, revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);

c.Upon conviction for a third offense or subsequent offense, a fine of $1,000.00 and imprisonment in the county jail for 10 days. If the third or a subsequent offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended and the third or subsequent offense occurs within five years of a conviction for the same offense, revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);

d.Upon conviction, the court shall impose or extend a period of suspension not to exceed six months;

e.Upon conviction, the court shall impose a period of imprisonment for not less than 45 days or more than 180 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in bodily injury to another person;

f. (1) In addition to any penalty imposed under the provisions of subsections a. through e. of this section, any person violating this section while under suspension issued pursuant to section 2 of P.L.1972, c.197 (C.39:6B-2), upon conviction, shall be fined $500.00, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be imprisoned in the county jail for not more than 90 days.

(2)In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraph (1) of this subsection, any person violating this section under suspension issued pursuant to R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a) or P.L.1982, c.85 (C.39:5-30a et seq.), shall be fined $500, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, and shall be imprisoned in the county jail for not less than 10 days or more than 90 days.

(3)In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraphs (1) and (2) of this subsection, a person shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, which period shall commence upon the completion of any prison sentence imposed upon that person, shall be fined $500 and shall be imprisoned for a period of 60 to 90 days for a first offense, imprisoned for a period of 120 to 150 days for a second offense, and imprisoned for 180 days for a third or subsequent offense, for operating a motor vehicle while in violation of paragraph (2) of this subsection while:

(a)on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(b)driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(c)driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph.

It shall not be relevant to the imposition of sentence pursuant to subparagraph (a) or (b) of this paragraph that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session;

g.(Deleted by amendment, P.L.2009, c.224);

h.A person who owns or leases a motor vehicle and permits another to operate the motor vehicle commits a violation and is subject to suspension of his license to operate a motor vehicle and to revocation of registration pursuant to sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5) if the person:

(1)Knows that the operator's license or reciprocity privilege to operate a motor vehicle has been suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a); or

(2)Knows that the operator's license or reciprocity privilege to operate a motor vehicle is suspended and that the operator has been convicted, within the past five years, of operating a vehicle while the person's license was suspended or revoked.

In any case where a person who owns or leases a motor vehicle knows that the operator's license or reciprocity privilege of the person he permits to operate the motor vehicle is suspended or revoked for any violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the person also shall be subject to the following penalties: for a first or second offense, a fine of $1,000, imprisonment for not more than 15 days, or both; and for a third or subsequent offense, a fine of $1,000, imprisonment for not more than 15 days, or both, and forfeiture of the right to operate a motor vehicle over the highways of this State for a period of 90 days;

i.If the violator's driver's license to operate a motor vehicle has been suspended pursuant to section 9 of P.L.1985, c.14 (C.39:4-139.10) or for failure to comply with a time payment order, the violator shall be subject to a maximum fine of $100 upon proof that the violator has paid all fines and other assessments related to the parking violation that were the subject of the Order of Suspension, or if the violator makes sufficient payments to become current with respect to payment obligations under the time payment order;

j.If a person is convicted for a second or subsequent violation of this section and the second or subsequent offense involves a motor vehicle moving violation, the term of imprisonment for the second or subsequent offense shall be 10 days longer than the term of imprisonment imposed for the previous offense.

For the purposes of this subsection, a "motor vehicle moving violation" means any violation of the motor vehicle laws of this State for which motor vehicle points are assessed by the chief administrator pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

Tuesday, September 06, 2011

401:1 Grant of Certification

401:1 Grant of Certification. Successful applicants shall be recommended to the Supreme

Court by the Board for certification as a civil trial attorney, criminal trial attorney matrimonial

law attorney, [or] workers' compensation law attorney, or municipal court law attorney. In

certifying applicants, the Supreme Court shall direct the making of an appropriate notation on the

roll of attorneys. The Clerk of the Supreme Court shall then issue a document attesting to the

attorney's certification, dated as of the entry of the certification on the roll of attorneys.

E. MUNICIPAL COURT LAW

E. MUNICIPAL COURT LAW

1. Driving While Intoxicated and refusal Statutes and Case Law.

2. Other Title 39 offenses.

3. Alcotest and Breathalyzer Issues.

4. Rules of Evidence and Procedure.

5. Jurisdiction, Service of Process, and Procedure.

6. Pre-trial Procedure.

7. Pre- and Post-trial Motions.

8. Bail, Search Warrants and Suppression.

9. Municipal Court Appeals.

10. Arraignments, Pleas, Sentencing, and Judgment.

11. Pre-trial Discovery.

12. Ordinance Violations

13. Disorderly Persons, Petty Disorderly Persons and Other Non-Indictable Laws and

Offenses.

14. Fish, Gaming, and Boating Laws and Offenses.

15. Traffic offense legal issues.

16. Civil Penalties; other collateral consequences of pleas/convictions.

17. Rules Governing Practice in Municipal Court, Rule 7:1 to 7:14.

18. All other substantive, evidential and procedural areas of law within the jurisdiction of the

municipal court.

19. Rules of Professional Conduct.

205:7 Continuing Legal Education Obligations of Certified Attorneys.

205:7 Continuing Legal Education Obligations of Certified Attorneys.

(a) General Requirements. [Except as set forth in paragraph (b) below,] C[c]ertified

attorneys shall satisfy their continuing legal education obligation required under

this Regulation by completing a minimum of [fifty] sixty [hours]credits of CLE

programs that are directly related to the designated area of practice covered by the

attorney's certification and that have been approved for accreditation by the Board

on Continuing Legal Education for CLE credits. [An "hour" of continuing legal

education shall include only time spent in instruction; meals and recess periods

are specifically excluded.] Attorneys who are certified in more than one area of

practice must fulfill a minimum of [75] 90 [hours] credits of continuing legal

education in their area of specialty certification. Those courses taken in

ethics/professional responsibility and professionalism in fulfillment of the

mandatory continuing legal education requirement can be included in the sixty

credits required under this Regulation.

[Among the types of educational involvement the Board, in its discretion, will

consider are:

(1) Programs directly related to improvement of litigation skills in the

designated area of practice;

(2) Substantive courses in the area of law in which the certified attorney

conducts litigation as part of his or her practice;

(3) Teaching or lecturing in programs of study for attorneys in the designated

area of practice;

(4) Participating as a panelist in or speaker at seminars, symposia, or lecture

programs on aspects of the designated area of practice;

(5) Authorship and publication in the designated area of practice;

App. A-19

(6) Active participation in American Bar Association, New Jersey Bar

Association, specialized Bar functions, and Supreme Court Committees

dealing with specific substantive or procedural law issues in the

designated area of practice;

(7) Active participation in the work of a professional committee dealing with

a specific problem of substantive or procedural law in the designated area

of practice;

(8) Inns of Court programs;

(9) "In-house" courses taught by a certified attorney;

(10) At-home or in-office viewing of video tapes and the analogous use of

audio tapes of pre-approved continuing legal education programs, but only

up to 50% of the continuing legal education requirement. If the video- or

audio-taped course was not approved for continuing legal education credit

when it was presented live, the Board may, in its discretion, decline to

give the applicant credit for the course; and

(11) Such other educational involvement as the Board may, in its discretion,

deem appropriate.

An applicant's involvement in activities covered by paragraphs (6) and (7), above,

cannot cumulatively account for more than 33% of the applicant's total CLE

requirements for recertification.

Certified attorneys may satisfy their educational obligations by attending a

combination of courses in the certified area of practice. At least thirty-five of the

fifty required continuing legal education credit hours must be in courses that

relate to the attorney's certified area of practice. The balance of the credit hours

may be in the area of general trial or litigation skills or in cross-over courses.

Cross-over courses are those courses taken in other areas of practice covered by

the certification program, such as, for example, criminal courses taken by civil

trial attorneys or civil courses taken by criminal trial attorneys.]

(b) The Board shall evaluate attorney involvement on a case-by-case basis. The

Board will review and may approve, on a case by case basis, educational

activities that have not been accredited under the mandatory continuing legal

education program that relate to the applicant’s practice an specialty. The Board

reserves the right to require an applicant to submit additional information on any

program, including but not limited to, copies of the written materials and a list of

the instructors, to determine its applicability to the area of specialty certification

sought. Failure to comply with this Regulation is grounds for revocation of the

attorney's certification or for a refusal to recertify that attorney.

App. A-20

[(b)](c) Matrimonial Law Requirements. The certified matrimonial law attorney must

demonstrate that he or she has completed no fewer than 75 hours of continuing

legal education programs, which must include satisfying the following:

(1) Not less than thirty (30) of the required [hours] credits must be satisfied by

completion of approved educational programs in the areas of dissolution

of marriage, child support, spousal support, or modification of support,

contempt or enforcement, equitable distribution or property division, or

taxation issues incident to dissolution of marriage or matters addressed by

the Prevention of Domestic Violence Act.

(2) Not less than twelve (12) of the required [hours] credits must be satisfied

by completion of approved educational programs in the area of custody of

children.

(3) Not less than six (6) of the required [hours] credits must be satisfied by

completion of approved educational programs in the area of evidence.

(4) Not less than six (6) of the required [hours] credits must be satisfied by

completion of approved educational programs in the area of mediation,

complimentary dispute resolution, psychological and counseling aspects of

dissolution of marriage.

[(5) Not less than six (6) of the required hours must be satisfied by completion

of approved educational programs in the area of professional

responsibility.

(6) As with initial certification, for each approved continuing legal education

course taught the applicant is entitled to receive an additional one hour for

preparation time for each hour of the course.]

(5) Those courses taken in ethics/professional responsibility and

professionalism in fulfillment of the mandatory continuing legal education

requirement can be included in the 75 credits required under this

Regulation.

205:6 Evaluation Criteria.

205:6 Evaluation Criteria. The Board shall apply the following criteria in establishing the

substance of any listed educational experience:

(a) Programs given prior approval by the Board on Continuing Legal Education shall

automatically qualify towards establishing an applicant's substantial educational

involvement, so long as they are in the area of certification applied for or are approved for accreditation in ethics/professional responsibility and

professionalism;

[(b) Programs not passed on by the Board shall qualify if presented:

(1) For the purpose of advancing the certified area of practice through

improving practice and procedures or through emphasis on the ethical

obligations of counsel;

(2) By qualified personnel;

(3) By live instructors or with recorded materials supplemented by live

commentators; and

(4) With thorough and well-organized written materials.]

(b) Programs that advance the education and expertise of the attorney in the area of

specialty certification sought will qualify as meeting the educational

requirements of this regulation.

(c) The Board reserves the right to require an applicant to submit additional

information on any program, including but not limited to, copies of the written

materials and a list of the instructors, to determine its applicability to the area of

specialty certification sought.

(d) The Board will review and may approve, on a case by case basis, educational

activities that have not been accredited under the mandatory continuing legal

education program that relate to the applicant’s practice and specialty.

205:5 Municipal Court Law Requirements.

205:5 Municipal Court Law Requirements. In addition to the general requirements of this

Regulation, those seeking certification in Municipal Court Law must demonstrate in the three

years preceding the application a minimum of thirty-six hours of continuing legal education

courses in municipal court practice, at least twelve credits of their education requirement having

been devoted to DWI and refusal issues. Those courses taken in ethics/professional

responsibility and professionalism in fulfillment of the mandatory continuing legal education

requirement can be included in the thirty-six credits required under this Regulation

205:2 Civil and Criminal Trial Law Requirements.

205:2 Civil and Criminal Trial Law Requirements. In addition to the general requirements

of this Regulation, the applicant must complete in the three years preceding the application a

minimum of thirty-six credits of continuing legal education in civil trial law and/or thirty-six

credits of continuing legal education in criminal trial law. Those courses taken in

ethics/professional responsibility and professionalism in fulfillment of the mandatory continuing

legal education requirement can be included in the thirty-six credits required under this

Regulation.

205:3 Matrimonial Law Requirements. In addition to the general requirements of this

Regulation, those seeking certification in Matrimonial Law must demonstrate that within three

years immediately preceding application, he or she completed no fewer than forty-five [hours]

credits of continuing legal education programs in matrimonial law, which must include:

(a) Not less than fifteen (15) of the required [hours] credits must be satisfied by

completion of approved educational programs in the areas of dissolution of

marriage, child support, spousal support, or modification of support, contempt or

enforcement, equitable distribution or property division, or taxation issues

App. A-16

incident to dissolution of marriage or matters addressed by the prevention of

Domestic Violence Act.

(b) Not less than six (6) of the required [hours] credits must be satisfied by

completion of approved educational programs in the area of custody of children.

(c) Not less than three (3) of the required [hours] credits must be satisfied by

completion of approved educational programs in the area of evidence.

(d) Not less than three (3) of the required [hours] credits must be satisfied by

completion of approved educational programs in the area of mediation,

complimentary dispute resolution, psychological and counseling aspects of

dissolution of marriage.

[(e) Not less than three (3) of the required [hours] must be satisfied by completion of

approved educational programs in the area of professional responsibility.] Those

courses taken in ethics/professional responsibility and professionalism in

fulfillment of the mandatory continuing legal education requirement can be

included in the forty-five credits required under this Regulation.


205:4 Workers' Compensation Law Requirements. In addition to the general requirements

of this Regulation, those seeking certification in Workers' Compensation Law must demonstrate

In the three years preceding the application a minimum of thirty-six hours of continuing legal

education courses in workers’ compensation law, at least [ten] twelve of their education

requirement having been devoted to medicine. Those courses taken in ethics/professional

responsibility and professionalism in fulfillment of the mandatory continuing legal education

requirement can be included in the thirty-six credits required under this Regulation.

205:1 General Requirements

205:1 General Requirements. [Except as provided below, an] An applicant shall submit

information demonstrating a completion of a specified number of hours of continuing legal

education, approved and accredited for continuing legal education credits by the Board on

Continuing Legal Education, specifically in the area of certification applied for or in ethics and

professionalism within the three years immediately preceding the application. [An "hour" of

continuing legal education shall include only the time spent in instruction. Meals and recess

periods are specifically excluded. Applicants instructing or participating in a continuing legal

education program as described in (b) and (c), below, will be credited with twice the time of

actual instruction. Repeat presentations of the same lecture within a twelve-month period will

gain no additional credit. Among the types of educational involvement that the Board will

consider are:

(a) Attendance at and completion of courses that relate to the improvement of trial

and litigation skills in the specific area of practice for which certification has been

sought;

(b) Teaching or lecturing in programs of study or in courses in the area of practice for

which certification has been sought;

(c) Participating as a panelist in or speaker at seminars, symposia, or lecture

programs in aspects of litigation in the area of practice for which certification has

been sought;

(d) "In-house" courses given by and for government attorneys only; provided,

however, that an applicant may not use such courses for more than 50% of the

continuing legal education credits required by this Regulation; and

(e) Such other educational involvement as the Board may, in its discretion, deem

appropriate.]


The Board and/or Certification Committees shall review an applicant’s submitted continuing

education courses to ensure that the applicant has limited the credits required for certification to

the area of specialty sought, exclusive of the credits obtained toward fulfillment of

ethics/professional responsibility and professionalism credits as required under the mandatory

continuing legal education program. The Board reserves the right to review and approve, on a

case by case basis, other forms of educational activities that may not have been accredited under

the mandatory continuing legal education program.

204:1 Applicant’s submission; Civil Trial Law, Criminal Trial Law, Matrimonial Law, [and] Workers’ Compensation Law, and Municipal Court Law.

REGULATION 204. Professional Reputation

204:1 Applicant’s submission; Civil Trial Law, Criminal Trial Law, Matrimonial Law,

[and] Workers’ Compensation Law, and Municipal Court Law.

(a) Each applicant shall submit as references the names and addresses of [five] eight

members of the bench or bar of this State who can attest to the applicant's

competence as an attorney in the area of practice in which certification is being

sought. Members of the bar whose names are submitted for such purpose must be

substantially engaged in that area of practice. [At least two] Three references

shall be from judges who have observed the applicant's skills in the three years

preceding the filing of the application. Five references shall be from members of

the bar who have been an adversary or co-counsel with the applicant in trial.

(1) in the case of municipal court practice applications, “members of the

bench” refers to judges of the municipal court.

(b) At least two references shall be from attorneys who represented opposing parties,

one of whom shall have represented an opposing party in a "contested [matter]

action" or a "contested matrimonial law trial" as defined in these Regulations, and

another of whom shall have represented an opposing party in a "litigated matter"

or a "contested matrimonial law hearing" within the three years immediately

preceding the filing of the application.

(c) An applicant may not submit as a reference the name of any member of the bench

or bar with whom the applicant has or had been formally associated in the practice

of law.

(d) Justices of the Supreme Court and members of the Board and the Certification

Committees are not eligible as references for an applicant.

(2) Applicant's ten contested actions

(2) Applicant's ten contested actions. The applicant shall present the

following details on the ten contested actions submitted pursuant to this

Regulation:

i) caption and docket/summons number of the case;

ii) date of disposition;

iii) name of judge;

iv) nature of action or proceeding;

v) principal issues involved;

vi) significant pretrial or post-trial motions or appeals;

vii) significant discovery and/or trial issues or techniques;

viii) status at which matter terminated;

ix) number of trial days;

x) role in proceedings;

xi) outcome of proceedings;

xii) names and addresses of all counsel; and

xiii) any additional information the applicant may deem to be relevant.

(1) Substantial involvement in litigation/litigated matters.

(1) Substantial involvement in litigation/litigated matters. The applicant shall

present a brief summary of each of the 90 matters prepared for trial or

tried within the three years immediately preceding the application, listing

30 matters in each of those three years. The matters submitted shall fairly

reflect the type of cases for which the applicant was responsible. The

summary shall include the following:

i) caption and docket/summons number of the case;

ii) date of disposition;

iii) nature of action or proceeding;

iv) names and addresses of all counsel;

v) name of judge;

vi) number of trial days;

vii) point at which the proceedings were terminated; and

viii) any additional information the applicant may deem to be relevant.

(2) Litigated matters.

(2) Litigated matters. Litigated matters include contested actions as defined

in this Regulation but need not have been tried to conclusion before the trier of

fact. The Board will consider matters that were resolved prior to trial when the

applicant completely prepared the case for trial through motion practice,

discovery, client interview, and plea negotiations. Municipal court appeals also

may be considered as litigated matters. Any litigated matters listed may not be

the same case as listed as a contested action.

(3) Submission to trier of fact. A substantial number of the ten cases required

by this Regulation must have been tried to conclusion as to the applicant’s clients.

In addition, the Board may consider cases that were settled or resolved prior to

judgment or verdict, but only when the applicant completely prepared the case for

trial by motion practice and extensive discovery.

(f) Time limitations. The ten contested actions may be cases that have been handled

and concluded at any time between the date of the applicant's plenary admission

to the practice of law and the date of the application for certification.

(g) Required information. The applicant shall submit the following information on a

form adopted by the Board:

(1) Contested actions.

Definitions. For the purpose of meeting the requirements of this Regulation, the

following definitions apply:

(1) Contested actions. To qualify as a "contested action," a matter must be

one in which the trier of fact can only decide the issue or issues presented

and is adversarial in nature, involving charges, claims, issues, or

consequences related to the prosecution of a municipal court summons,

complaint, and/or citation.

(i)The types of matters that will qualify as contested actions are

those that are adjudicable in municipal court, which include: motor

vehicle and traffic violations; disorderly persons, petty disorderly

persons, or other non-indictable offenses; local ordinance

violations; fish, game, and boating violations; penalty collection

proceedings; trial-type hearings in municipal court, including

plenary motions, motions to suppress, and Alcotest; and other

matters authorized by statute or Court Rule to be under the subject

matter jurisdiction of the municipal court.

203:4 Municipal Court Law Requirements.

203:4 Municipal Court Law Requirements. The applicant must establish that he or she:

(a) Has devoted a significant portion of his or her professional time to the area

municipal court practice.

(b) Has devoted a substantial portion of his or her professional time to the preparation

of a minimum of thirty litigated matters per year venued in municipal courts of

New Jersey, for the three years immediately preceding the filing of the

application;

(c) Has had primary responsibility, since plenary admission to the bar, for a minimum

of ten contested actions in New Jersey municipal courts that were, in the opinion

of the Board, substantially submitted to the trier of fact; and

(d) The ten contested actions must include a minimum of six municipal court trials

resolving allegations related to driving while intoxicated or refusal.

203:1 Civil and Criminal Trial Attorney Requirements.

203:1 Civil and Criminal Trial Attorney Requirements. The applicant must establish that:

(a) He or she has devoted a substantial portion of professional time to the preparation

of litigated matters in New Jersey, the majority of which are venued in Superior

Court, for the three years immediately preceding the filing of the application;

App. A-5

(b) He or she has had primary responsibility since plenary admission to the bar for a

minimum of ten contested actions in New Jersey, at least six of which were

venued in Superior Court or U.S. District Court for the District of New Jersey,

and that were, in the opinion of the Board, substantially submitted to the trier of

fact; and

(c) In the case of civil certification, the [The] ten contested actions must include a

minimum of [thirty] twenty trial days in Superior Court or U.S. District Court.

(d) In the case of criminal trial certification, the ten contested actions must include a

minimum of twenty-five trial days in Superior Court or U.S. District Court.

(e)[(d)] Definitions. For the purpose of meeting the requirements of this Regulation, the

following definitions apply:

(1) Contested actions. To qualify as a "contested action," a matter must be

adversarial in nature and involve substantial charges, claims, issues, or

consequences. For example, the following features shall qualify a matter as a

"contested action:"

i) in criminal cases, an indictable offense[;]. The Board will also

consider the following, but no more than five: domestic violence

orders based on crimes; contempt charges in family court; juvenile

cases involving crimes; and trial-type hearings in Superior Court;

ii) in civil or administrative matters, a claim or demand that

reasonably exposes the defendant or respondent to damages or [a]

any penalty [in an amount that exceeds $25,000]; or

iii) in civil or administrative matters that do not present a claim for

money damages or a civil penalty (such as chancery actions,

declaratory judgment proceedings, and actions in lieu of

prerogative writs), substantial public issues or, assuming a ruling

or judgment against a party, exposure of that party to substantial

adverse personal or economic consequences;

iv) such other matters as, in the Board's judgment, are of sufficient

substance or import to qualify as "contested actions."

App. A-6

An arbitration proceeding shall not qualify as a contested action unless the

applicant can demonstrate that the arbitration was substantially equivalent to a

trial in Superior Court.

(2) Litigated matters. Litigated matters include contested actions as defined in

this Regulation. Any other matter tried before a court, agency, or arbitrator shall

also qualify as a litigated matter.

(3) Submission to trier of fact. A substantial number of the ten cases required by

this Regulation must have been tried to conclusion as to the applicant's clients. In

addition, the Board may consider cases that were settled prior to judgment or

verdict, but only when the applicant completely prepared the case for trial by

motion practice and extensive discovery. For example, such preparation might

include a combination of any of the following: in civil actions, the taking of

depositions, the preparation and service of non-uniform interrogatories and of

answers to non-uniform interrogatories and requests for admissions; or, in the

prosecution or defense of criminal matters that were concluded by plea

negotiation, pretrial investigation including extensive factual investigation and

the preparation of or opposition to pretrial motions presenting substantial and

complex issues arising under the State or Federal Constitution or Rules of

Criminal Procedure.

(f)[(e)] Time limitations. The ten contested actions may be cases that have been handled

and concluded at any time between the date of the applicant's plenary admission

to the practice of law and the date of the application for certification.

(g)[(f)] Required information. The applicant shall submit the following information on a

form adopted by the Board:

(1) Substantial involvement in litigation. The applicant shall present a brief

summary of each matter prepared for trial or tried within the three years

immediately preceding the application. If more than thirty matters are

eligible, the applicant shall submit no more than ten from each year, which

shall fairly reflect the type of cases for which the applicant was

responsible. The summary shall include the following:

i) caption and docket number of the case;

ii) date of disposition;

iii) forum;

iv) nature of action or proceeding;

v) names and addresses of all counsel;

vi) name of judge;

vii) number of trial days;

viii) presence or absence of a jury;

App. A-7

ix) point at which the proceedings were terminated; and

x) any additional information the applicant may deem to be relevant.

(2) Applicant's ten contested actions. The applicant shall present the

following details on the ten contested actions submitted pursuant to this

Regulation:

i) caption and docket number of the case;

ii) date of disposition;

iii) forum;

iv) name of judge or other officer;

v) nature of action or proceeding;

vi) amount in controversy;

vii) principal issues involved;

viii) significant pretrial or post-trial motions;

ix) significant discovery problems or techniques;

x) status at which matter terminated;

xi) role in proceedings;

xii) outcome of proceedings;

xiii) names and addresses of all counsel; and

xiv) any additional information the applicant may deem to be relevant.

202:3 Practice of Law.

202:3 Practice of Law. Applicants for certification must be (1) engaged in the private practice

of law, wherein the applicant represents and gives legal advice to clients, maintains a bona fide

office [in New Jersey] pursuant to Rule 1:21-1(a) and maintains the appropriate bank accounts

pursuant to Rule 1:21-6; or (2) employed by State, county or municipal government representing

and giving legal advice to clients.

202:1 Minimum Plenary Admission.

REGULATION 202. Admission to the Bar; Ongoing Obligation: Practice of Law.

202:1 Minimum Plenary Admission. Admission to the bar of the State of New Jersey for the

purpose of meeting the requirements of this section commences from the date of an attorney's

plenary admission. An applicant must have been in good standing in all jurisdictions in which

the applicant holds a bar license for at least the five years immediately preceding the filing of the

application, and must so certify.

103:3 Operation, Function.

103:3 Operation, Function. The Certification Committee for each designated area of practice

shall develop appropriate forms and schedules for the submission of applications by members of

the bar seeking certification or recertification. All forms and schedules shall be approved by the

Board. Certification Committees shall review applications for certification to determine

eligibility for the written examination. Adverse decisions by a Certification Committee in

respect of eligibility or examination are reviewable by the Board and the Supreme Court

pursuant to the Rules of Court and these Regulations. The Certification Committee shall also

draft and grade the written certification examinations and review applications for recertification,

making recommendations to the Board of who shall be recertified. The Certification Committees

shall undertake such other duties as may be, from time to time, assigned by the Board.

103:1 Appointment; Membership.

REGULATION 103. Certification Committees

103:1 Appointment; Membership. The Court shall appoint Certification Committees to assist

the Board in the consideration of applications for certification. Members shall be practicing

attorneys or retired Judges or Justices. They shall serve for three-year terms and shall be eligible

for reappointment for three successive terms. In establishing the Committees, the Supreme

Court may appoint some members to an initial term of less than three years. The following

Committees are hereby established, with the number of members noted:

A-4

a. Committee on Civil Trial Law (no more than 7 members);

b. Committee on Criminal Trial Law (no more than 3 members);

c. Committee on Matrimonial Law (no more than 9 members); [and]

d. Committee on Workers' Compensation Law (no more than 5 members); and

e. Committee on Municipal Court Law (no more than 9 members).

The Chair of each Certification Committee shall serve on the Board of Attorney Certification [,

ex officio]. Certification Committee members need not be certified in a designated area of

practice to qualify for appointment.

102:3 Operation, Functions.

102:3 Operation, Functions. The Board shall, consistent with the Rules of Court and these

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 will be responsible for the

financial and administrative operations of the certification program. The Board will maintain

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

2

and Regulation amendments; and on a case by case basis for [accrediting continuing legal

education courses] determining whether courses taken by an attorney, which have been approved

by the Board on Continuing Legal Education for the mandatory continuing legal education

program, shall qualify toward meeting the continuing education requirements related to

certification in a particular specialty. The Board may also determine accreditation , on a case by

case basis, as to whether certain educational activities related to the area of specialty but not

approved under the mandatory continuing legal education program may be considered for

accreditation toward the educational requirements of certification. The Board will delegate to the

Committees the responsibility of preparing and drafting applications and peer reference forms,

preparing, drafting and grading examinations, and reviewing applications for certification and

determining eligibility.

Monday, September 05, 2011

REGULATION 102. Board on Attorney Certification 102:1 Establishment; Appointment.

REGULATION 102. Board on Attorney Certification

102:1 Establishment; Appointment. To assist in the administration of the certification

function the Supreme Court shall establish, in accordance with the Rules of Court, a Board on

Attorney Certification. Pursuant to Rule 1:39-1(a), the Board shall consist of not more than

eleven members, all of whom shall be members of the Bar of this State. Board membership shall

include the Chairs of each of the [four] five Certification Committees, appointed pursuant to RG.

103:1. The remaining members, who shall not exceed [seven] six in number, must be certified in

a designated area of practice to be eligible for appointment to the Board, except for those

appointed to serve on a newly created Certification Committee.

Sunday, September 04, 2011

1:39-7. Renewal of Certification

1:39-7. Renewal of Certification

A member of the bar of this State who has been certified pursuant to these rules and the

Regulations of the Board, may apply for a renewal of such certification during the last twelve

months of the five year period for which the attorney had received certification. The application

for renewal shall include information specified in the Regulations of the Board, which will set

forth the substantive, professional fitness and educational requirements for recertification. The

appropriate Certification Committee and the Board shall render a decision regarding the

application for renewal of certification in the same manner as provided by these rules and

Regulations for initial certification.

1:39-5. Grant; Duration; Withholding of Certification

1:39-5. Grant; Duration; Withholding of Certification

(a) Grant of Certification. If upon due consideration the Board determines that an

applicant is qualified for certification as a civil or a criminal trial attorney, a matrimonial law

attorney, [or] a workers' compensation law attorney, or a municipal court trial attorney, it shall so

report to the Supreme Court, which shall direct the making of an appropriate entry on the roll of

attorneys and shall cause to be issued an appropriate document attesting thereto.

1:39-2 . Eligibility.

1:39-2 . Eligibility. Subject to the specific requirements contained in the Regulations of the

Board, an attorney shall be eligible to apply for certification in a designated area of practice on

demonstrating to the Board on Attorney Certification the following:

(a) Minimum Admission Period; Practice of Law. [Membership] Applicants for

certification must be members in good standing with a plenary license at the bar of the State of

New Jersey for at least five years. Applicants for certification must be (1) engaged in the private

practice of law, wherein the applicant represents and gives legal advice to clients, and maintains

the appropriate bank accounts pursuant to Rule 1:21-6; or (2) employed by State, county, or

municipal government representing and giving legal advice to clients.

(b) Professional Experience. … no change

(c) Professional Reputation. The Board shall require each applicant to establish his or her

professional fitness and competence in the designated area of practice. Pursuant to the

Regulations of the Board, the applicant shall submit to the [Board] relevant Certification

Committee the names of a specified number of peer references of whom the [Board] Committee

may inquire with regard to the applicant's professional fitness and competence as an attorney

within the designated area of practice. The Board or the Committee may inquire of other

attorneys or judges with respect to the professional qualifications and reputation of the applicant.

(d) Educational Experience. An applicant must demonstrate to the Board satisfactory and

substantial educational involvement within the three years immediately preceding his or her

application. The Board will evaluate the nature [, sponsorship, faculty,] and content [and

duration] of educational involvements submitted by applicants on a case by case basis. The

Board shall adopt Regulations governing the number of credits of continuing legal education

required for certification [and the approval of continuing legal education courses, and shall

impose such fees as it determines are appropriate, subject to the approval of the Supreme Court].

(e) Ongoing Obligation. … no change

1:39-1A. Certification Committees

1:39-1A. Certification Committees

(a) Appointment; Officer. The Supreme Court shall appoint a Civil Trial Law

Committee, a Criminal Trial Law Committee, a Matrimonial Law Committee, [and] a Workers'

Compensation Law Committee, and a Municipal Court Trial Law Committee. The Court shall

appoint no fewer than [four] three and no more than eleven members of the bar to serve on each

Attorney Certification Committee. Committee members shall be appointed for three-year terms.

No member who has served four full three-year terms successively shall be eligible for

immediate reappointment. Members appointed to fill unexpired terms may be reappointed to

four successive full terms. The Supreme Court shall designate one member of each Committee to

serve as Chair of that Committee. The Chairs shall serve [, ex officio,] as members of the Board

on Continuing Legal Education and the Board on Attorney Certification.

(b) Quorum. For each Committee, one more than half the total number of members shall

constitute a quorum and all determinations shall be made by a majority of the quorum.

(c) Operations. … no change

(d) Effect of Certification Committee Membership. … no change to text

(e) Immunity. Members of the Certification Committees and their lawfully appointed

designees and staff shall be absolutely immune from suit based on their respective conduct in

performing their official duties.

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.

Note:

RULE 1:39. SPECIALTY CERTIFICATION OF ATTORNEYS

RULE 1:39. SPECIALTY CERTIFICATION OF ATTORNEYS

An attorney of the State of New Jersey may be certified as a civil trial attorney, a

criminal trial attorney, a matrimonial law attorney, [or] a workers’ compensation law attorney, or

a municipal court trial attorney, or in more than one designated area of practice, but only on

establishing eligibility and satisfying requirements regarding education, experience, knowledge,

and skill for each designated area of practice as set forth below.

To assist in the administration of the certification function, the Supreme Court shall

establish, in accordance with these rules, a Board on Attorney Certification.

SUPREME COURT APPROVAL OF CERTIFICATION IN MUNICIPAL COURT LAW

SUPREME COURT APPROVAL OF CERTIFICATION IN MUNICIPAL COURT LAW

The Supreme Court has approved the recommendation of the Board on Attorney

Certification (“Board”) to expand the attorney certification program into the area of municipal

court law. The Court by Order dated July 20, 2011 has adopted amendments to Rule 1:39 to be

effective September 1, 2011 to reflect this additional area of certification, as well as other

housekeeping amendments to the Rule. In addition, the Board has adopted, and the Supreme

Court has approved, amendments to the Regulations of the Board on Attorney Certification in

respect of municipal court law, as well as other housekeeping amendments to the Regulations,

with those amendments also to be effective September 1, 2011. The amendments to the Rule and

to the Regulations are published with this notice.

/s/ Mark