Unfilled Judgeships Create Havoc In NJ Courts, Lawyers Say

NEW JERSEY — A problem most people may not encounter until they have a civil court matter or a criminal case pending is the serious backlog in filling judicial appointments, legal experts in the state say.

"We live in a state where 62 out of 463 Superior Court judgeships remain vacant," Jeralyn L. Lawrence, president of the New Jersey Bar Association, said. She wrote a column about the issue in June and has pressed for more action to appoint judges. And even on the state Supreme Court, she added, three of seven judgeships are now open.

New Jersey Chief Justice Stuart Rabner himself has decried the lack of seated judges when he spoke May 20 at the Bar Association convention in Atlantic City in his State of the Judiciary remarks.

His comments dealt with the many successes of the courts in dealing the the COVID pandemic and he praised the flexibility of all levels court staff. His speech is available on Facebook.

"We are on the road back to normalcy now and summoned more jurors this month than any time since March 2020. But we still have a way to go," he said.

But he said that in the civil, chancery, family and criminal courts "the number of cases waiting to be resolved, and the number of parties waiting for their day in court, has increased dramatically in the past 24 months."

"More than 20 Superior Court judges are slated to retire by the end of this calendar year. In addition, for the past 2 1/2 years, we have averaged 50 or more vacancies each month. That number should be no higher than 25 or 30 for the judiciary to be able to best serve the public," he said in his speech.

Impact on litigants, defendants

Lawrence, the state Bar Association president, is the managing member and founder of Lawrence Law, a divorce and family law practice in Watchung. She was sworn in as the 124th president of the association by Rabner at the convention.

"As a divorce and family law attorney of 25 years, what I can convey is that the absence of judges in family court is beyond a crisis — it is catastrophic and it is causing devastation to children and families," Lawrence said in the column.

"The delays in justice are taking both a human and financial toll on litigants. Many find themselves in the middle of high-conflict divorces with absolutely no access to the court for trials in divorce matters.

"To my knowledge, out of 21 counties in New Jersey, lawyers can’t even schedule divorce trials in nine. In four other counties, trials are stalled for up to six months. One county has no judge handling divorce cases," she said.

She cited cases in family court alone where the vacant judgeships have causes havoc in people's lives:

• A mother of four with stage-4 cancer is worried she might die before her divorce is processed.
• Another said that while waiting for a motion hearing, the marital home grew so toxic and tumultuous — with the parents stuck in a marriage while living together — that their children became suicidal.
• Some people who can’t get final judgments of divorce have difficulty refinancing their homes, costing them additional interest or funds are tied up among those who can’t divide up retirement assets.

The state Public Defender's Office noted that a convergence of the pandemic and retirements has worsened the court backlog.

"All cases were backed up at a time of the most judicial vacancies," said Jennifer Sellitti, spokesperson for the office.

But criminal cases to her knowledge have not experienced the same delays as civil cases, she said.

"We have seen delays from COVID rather than the judge shortage," she said, although that may change as the criminal court calendar becomes busier in September, she adds.

She said clients who are detained because of the nature of their charges will get a judge before someone who has been released under bail reform guidelines. And she said cases involving child abuse that the office handles also are prioritized.

Governor, Legislature urged to take more action

Lawrence praised the state Senate for recently confirming 11 new Superior Court judges:

"The appointments, however, barely scratch the surface of the vacancy crisis, with an additional 17 judges expected to leave the bench through retirements by the end of 2022."

But Governor Murphy has "vigorously worked to fill judicial vacancies since he took office in 2018," said Natalie Hamilton, press assistant to the governor.

"Since then, the Senate has confirmed a total of 87 Superior Court judges nominated by the governor. In calendar year 2022, the governor has nominated 35 Superior Court judges, of which 25 have been confirmed and 10 await confirmation by the Senate.

"He will continue to appoint qualified and capable individuals to the judiciary and work with the Senate through the advice and consent process," Hamilton said in an email response to a request for comment.

And an aide to the Senate Judiciary Committee, which approves judicial nominees for consideration by the full Senate, said the committee has been meeting on the issue.

"The Senate Judiciary Committee has met four times in May and June to consider nominees and appointments," said the aide, who asked not to be named. The aide said no date for additional meetings has been set as yet.

Lawrence said the Bar Association will do its part. She said the organization plays an integral role in the review of judicial candidates and has "worked vigilantly to review all candidates presented, and have ramped up those efforts to assist in the selection and nomination process."

"We urge the governor to continue to nominate and the Senate to provide its thoughtful advice and consent on as many qualified judicial candidates as possible. It is imperative that the Governor’s Office and the Legislature put the judicial crisis at the center of their attention," she said in the column.

And Chief Justice Stuart Rabner concurs.

The state's highest court is experiencing similar effects of the shortage of judges, he said in his speech.

The state Supreme Court already had to fill two positions and earlier this month a third justice, Justice Barry Albin, reached the mandatory retirement age of 70.

"We need to step back and remember that the (state) constitution calls for a court comprised of seven members nominated by the governor and confirmed by the Senate. Unless there is movement in the weeks ahead, we will soon reach a day when only four members have gone through that process," Rabner said in his speech.

"Ask any students of the Constitutional Convention of 1947, and they will tell you that is not what the framers of the modern constitution envisioned.

"The New Jersey Supreme Court regularly grapples with some of the most challenging and significant issues that our state faces. I urge the legislative and executive branches to come together to resolve the problem before it gets even more challenging," Rabner said.