Friday, September 30, 2011
39:3-40 Penalties for driving while license suspended 3rd offense
Wednesday, September 14, 2011
39:3-40 Penalties for driving while license suspended
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