Month: January 2022

New Jersey Supreme Court Rules Youth Can’t Serve as Aggravating Factor in Sentencing

In State v. Cynthia Rivera (A-7-20/084419) (Decided December 29, 2021), the Supreme Court of New Jersey held that a defendant’s youth may be considered only as a mitigating factor in sentencing and can’t support an aggravating factor. Facts of State v. Rivera Defendant Cynthia Rivera admitted to planning and participating

Is New Jersey Poised to Remove Its Residency Requirement for Teachers?

Is New Jersey Poised to Remove Its Residency Requirement for Teachers?

Efforts are underway to eliminate the requirement that New Jersey teachers reside in the state. Under Senate Bill 4203, public school teachers and other school employees would be exempt from the residency requirement. New Jersey First Law The New Jersey First Act, enacted in 2011, established residency requirements for most

Local Government Water, Sewer, and Electric Service Shutoff Moratorium Extended

Gov. Phil Murphy recently signed legislation into law extending the shutoff moratorium for residential customers of local government water, sewer, and electric services. The moratorium, as well as the grace period for water and municipal electric charges, will now last until March 15, 2022. Extension of Grade Period for Water,

CRC Releases Cannabis FAQs for New Jersey Municipalities

As the regulatory picture begins to get clearer, many New Jersey municipalities are likely reconsidering whether to give cannabis businesses the green light to operate within their borders. To help guide the process, the New Jersey Cannabis Regulatory Commission (CRC) recently published the answers to several frequently asked questions. Municipal

What School Districts Should Know About Key Changes to New Jersey’s Anti-Bullying Law

What School Districts Should Know About Key Changes to New Jersey’s Anti-Bullying Law 

On January 10, 2022, Governor Phil Murphy signed into law S-1790/A-1662 to amend and strengthen New Jersey’s existing anti-bullying law (“New Law”). Many of the changes aim to create a school climate that will decrease harassment, intimidation and bullying (“HIB”), using various tools, such as the creation of a School Climate State

NJ Supreme Court Allows Former Town Manager to Pursue NJLAD Claim

In Meade v. Township of Livingston (A-52-20/085176) (Decided December 30, 2021), the Supreme Court of New Jersey addressed whether discriminatory conduct toward an employee by that employee’s subordinate can result in liability on the part of the employer under New Jersey’s Law Against Discrimination (NJLAD). The court held that Plaintiff

New Law Creates Special Education Unit Within Office of Administrative Law

New Law Creates Special Education Unit Within Office of Administrative Law

Gov. Phil Murphy recently signed legislation, S-2160/A-5701, that establishes a special education unit within the Office of Administrative Law (OAL). The special education unit will consist of Administrative Law Judges having expertise in special education law.   The goal of the special education unit is to help address the long-standing special

NJ Appeals Court Addresses Validity of Referendum Petition Using E-Signatures

In Township of Montclair Committee of Petitioners v. Township of Montclair, the Appellate Division addressed the validity of a referendum petition that relied on voters’ electronic signatures. The appeals court held that the Clerk of the Township of Montclair (Clerk) acted arbitrarily and capriciously when she determined that a petition