Year: 2020

DLGS Offers Guidance to Aid NJ Municipalities in Continuity of Operations

The Division of Local Government Services (DLGS) recently issued guidance aimed to help New Jersey municipalities maintain their operations amid the ongoing COVID-19 pandemic. According to the Division, the guidance “aims to provide some answers, and some structure, to help each of New Jersey’s local units successfully maintain continuity of government

Legislation Authorizing Electronic Public Notices Advances

Executive Order Allows Electronic Submission of Referendum Petitions

COVID-19 continues to change the way local government business is conducted in New Jersey. On April 29, Gov. Phil Murphy signed an executive order allowing county and municipal clerks to accept initiative and referendum petitions electronically. Executive Order 132 also authorizes signatures for these petitions to be collected electronically. The measure aims

New Jersey Courts Successfully Relying on Technology to Keep Cases Moving

New Jersey Courts Successfully Relying on Technology to Keep Cases Moving

The New Jersey Court system is relying on technology to remain “open” amid the Coronavirus (COVID-19) epidemic. According to the Supreme Court of New Jersey, more than 12,000 court events involving more than 80,000 participants have taken place remotely since March 16, 2020. Remote Court Proceedings New Jersey judges and

NJ Supreme Court Clarifies Grand Jury Instructions on Lesser-included Offenses

NJ Supreme Court Clarifies Grand Jury Instructions on Lesser-included Offenses

In State v. Isaiah Bell (A-58-18/081743) (Decided April 14, 2020), the Supreme Court of New Jersey held that a prosecutor’s failure to instruct the grand jury on lesser-included offenses for murder in response to questions posed by a grand juror did not constitute an abuse of prosecutorial discretion. However, it

OPRa guidance COVID-19

DLGS and GRC Provide OPRA Guidance to Records Custodians Impacted by COVID-19

In these uncertain times, New Jersey municipalities are working hard to maintain operations, which includes responding to requests under the state’s Open Public Records Act (“OPRA”). However, reduced staff hours and office closures are making the process more challenging. In response to COVID-19 the state enacted legislation relaxing the deadline

Government edicts doctrine

US Supreme Court Expands Government Edicts Doctrine

In Georgia v. Public.Resource.Org Inc., the U.S. Supreme Court clarified the extent to which governmental authorities can obtain copyright protection for content they create. By a vote of 6-3, the Court held that under the government edicts doctrine, the annotations below the statutory provisions in the Official Code of Georgia Annotated are ineligible

New Jersey Becomes First State to Allow New Law Graduates to Practice During Pandemic

New Jersey Becomes First State to Allow New Law Graduates to Practice During Pandemic

The Supreme Court of New Jersey has authorized new law school graduates to begin practicing even though they have not yet passed the bar exam. Under the court’s order, they will be permitted to practice temporarily under the supervision of experienced attorneys. “At this challenging time, the public has a

NJ Supreme Court Confirms Prosecutors Can Subpoena Inmate Phone Conversations

NJ Supreme Court Confirms Prosecutors Can Subpoena Inmate Phone Conversations

In State v. Mark Jackson; State v. Jamie Monroe (A-18/19-19/083286) (Decided April 1, 2020), the Supreme Court of New Jersey affirmed an Appellate Division decision holding that prosecutors may subpoena inmates’ recorded telephone conversations. Facts of State v. Jackson; State v. Monroe Defendant Mark Jackson was arrested after his mother