Crime
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Opinions of New Jersey Supreme Court and Appellate Division of the Superior Court http://www.judiciary.state.nj.us/opinions/
New Jersey Attorney Discipline Rules (R.1:20)
The current New Jersey judicial system was established under the State Constitution of 1947. One of the principal reasons for the adoption of the new constitution was the fragmented judicial system, with overlapping jurisdictions of over 20 existing courts and no central administration. A key proponent of a new constitution was Arthur Vanderbilt, a prominent lawyer who had practiced in Newark, was dean of the New York University Law School and had served as President of the American Bar Association in 1937–38. The Constitution restructured the previously fragmented and overlapping courts by consolidating authority under the state Supreme Court with review of lower court appellate and trial decisions by the respective divisions of the Superior Court. The Chief Justice of the Supreme Court also was designated as the administrative head of all courts in the state with authority to assign, promote and discipline judges of the lower courts. After the new constitution was approved by a referendum, Vanderbilt was appointed as its first Chief Justice, holding the position until his death in 1957.
During Vanderbilt's tenure as chief justice, the Court interpreted the Constitution to further enhance its own authority In its decision in Winberry v. Salisbury, 5 NJ 240 (1950). In the opinion written by Vanderbilt for the court's majority, Vanderbilt asserted that the Supreme Court's power to make rules governing the lower courts was not subject to repeal or modification by the legislature, a ruling which contrasted with those prevailing in most other states and with that of the federal judiciary, which derives its authority from Congress. The New Jersey Supreme Court also has been recognized for its controversial activism in intervening in policy areas argued to be more properly within the jurisdiction of the legislature. In financing of the public schools, the Court ordered the closing of all schools until the legislature complied with its decision to increase funding for urban school districts which led to the enactment of the state's first income tax and a later series of decisions directed the state to provide billions of dollars for school construction and renovation. The Court also has taken aggressive positions on land use and zoning, most notably in its series of decisions following the case of Mt. Laurel mandating that municipalities are required to provide for affordable housing. In Abbott v. Burke (1981), or Abbott I, which was filed on behalf of students of the most depressed school districts. The Court decided that a single test must be applied statewide to determine if students were getting the constitutionally mandated education. Also, the Abbott districts are given state aid to match the operating budget of the richer districts.[48] Since then there have been seven "Abbott cases", many of which ended with the court finding the New Jersey Legislature's latest educational acts unconstitutional.[49][50] In 1975 and 1983, two cases, both named Southern Burlington County N.A.A.C.P. v. Mount Laurel Township, were decided by the Court. The Constitution was interpreted to require that zoning authorities inclusionarily zone their land to create affordable housing, that the districts had to equally take on the required load of housing, and that exclusionary zoning was illegal.[51] These requirements are now commonly referred to as the Mount Laurel Doctrine. In Democratic Party v. Samson (814 A.2d 1028) the Court allowed the state Democratic Party to change their candidate for the upcoming federal Senate race from Robert Torricelli to Frank Lautenberg despite the deadline having passed. In its opinion it cited previous cases before the Court, including one stating "Election laws are to be liberally construed", to decide that the change was in the interest of the electorate.[52][53][54] ubsequently, however, the court has evinced a willingness to accept the judgment of the state legislature on issues that are arguably procedural in cases where there is no real conflict between the legislative decision and the policies embodied in the rules promulgated by the court itself. to urts are the most visible part of our legal system. Though many legal issues and disputes are never brought to the courthouse, each year approximately seven million new cases are filed in New Jersey's courts. In those cases, judges are called upon to decide disputes involving such diverse topics as criminal law, motor vehicle violations, divorce, and other family matters, wills, contracts, defective products, and of course our basic rights as Americans, such as freedom of speech. There are only a few basic types of courts in the state. Municipal courts, Tax Court, state Superior Court, which includes the trial courts, an Appellate Division and the New Jersey Supreme Court. The Chief Justice of the Supreme Court of New Jersey is Stuart Rabner. A crime occurs in New Jersey every two minutes and 54 seconds.
Still, crime has indeed dropped significantly in New Jersey. RELATED: FBI reports show decline in violent crime The latest quarterly report by the NJ State Police, released last week, shows the overall index of major crimes—homicide, rape, robbery, assault, burglary, larceny and motor vehicle theft—fell by 14.2 percent from the first nine months of 2015, compared with the same period last year. Year-to-year, crime rates fell in all categories from 2013 to 2014, except for rape, where a change how some sexual assaults are now reported has increased the number of reports. * Crime Reports, New Jersey State Police
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Supreme Court
The New Jersey Supreme Court, composed of a chief justice and six associate justices appointed by the governor subject to confirmation by the state senate, is the state’s highest appellate court. Once confirmed, justices serve for a seven-year term and, if subsequently re-nominated by the governor and confirmed by the Senate, serve until mandatory retirement upon reaching the age of seventy. Its decisions on the interpretation of state statutes are final, but cases raising questions of federal constitutional or statutory law are subject to review by federal courts. A final decision of the state Supreme Court may be reviewed by the U.S. Supreme Court at its discretion after the filing of a petition for certiorari arguing why the case raises substantial issues of federal constitutional or statutory law and should accordingly be heard by the Court. As the highest appellate court, the Supreme Court reviews cases from the lower courts. Most litigants must request that the Court hear their appeal by filing a petition for certification with the Court. The Court may agree to hear an appeal because it presents legal issues of great importance to the public or because the issue is the subject of conflicting Appellate Division decisions. In very limited circumstances, such as where a judge in the Appellate Division files a dissenting opinion, a party may appeal as of right to the Supreme Court. In deciding the cases that come before it, the Court interprets the New Jersey and the United States Constitution, New Jersey statutes, administrative regulations of the state’s governmental agencies, as well as the body of common law. The Chief Justice also serves as the administrative head for the court system, overseeing the management of the state's courts and discipline of the judiciary and attorneys. The Appellate Division of the Superior Court is New Jersey's intermediate appellate court and decides approximately 6,500 appeals and 8,500 motions each year. Its decisions are subject to review, at its discretion, of the state Supreme Court, with selected appeals of significant importance or urgency heard by the Supreme Court prior to a decision by the Appellate Division. Judges of the appellate Division hear appeals timely taken as of right from the final judgments of the Law Division and the Chancery Division of the Superior Court, final judgments of the Tax Court and final decisions of state government administrative agencies. In special situations, trial court litigants may also seek permission of the Appellate Division to review interlocutory or interim orders of a trial court or agency prior to a final decision. The Appellate Division is generally comprised of 32 judges who sit in two and three judge panels chosen from parts consisting of four judges, with each part administered by a Presiding Judge.
* http://www.usacops.com/nj/ * New Jersey Law Enforcement Agencies: Sheriffs, Police Fire, USACops.com
Criminal
Criminal, civil and family cases are heard in the trial courts. Criminal cases are those in which a defendant stands accused of a serious crime, such as assault , theft, robbery, fraud, or murder. Approximately 50,000 criminal cases are heard in the Criminal Division of Superior Court each year. The Municipal Courts are of limited jurisdiction and hear cases involving parking and motor vehicle violations; municipal ordinances; cases involving hunting, fishing and boating laws; disorderly person violations; and other minor offenses. Municipal Court decisions may be appealed to the Superior Court. A Superior Court judge will hear the case again (a Trial De Novo) based upon the evidence submitted during the Municipal Court hearing. The Superior Court Assignment Judge, as the chief judicial officer in each Vicinage (Judicial Management District), has plenary responsibility for the administration of the Municipal Courts.
Under the the Criminal Justice Act of 1970, the Attorney General of New Jersey, as head of the Department of Law and Public Safety, serves as the state’s chief law enforcement officer. The Attorney General oversees the criminal justice system, supervises the State Police and sets standards for local government police and other agencies. Most criminal cases are prosecuted on the county level in the Superior Court criminal division after indictments are secured from county grand juries by county prosecutors, who are nominated for terms by the governor. Approximately 50,000 criminal cases are heard in the Criminal Division of Superior Court each year.
On rare occasions, the Attorney General may also convene state grand juries to investigate significant issues and also directly prosecute criminal offenders. The Attorney General, along with the Secretary of State, are the only officers of the governor's cabinet who may not be discharged at the governor's discretion, with their removal subject to a showing of cause for wrongful conduct or abuse of their office. - County sheriffs
The role of the county sheriff, which during New Jersey's early settlement and continuing into the first century as a state was as the principal law enforcement officer, has been steadily constrained. The growth of municipal police forces supplanted the activities of many sheriffs in the larger cities; Jersey City, for example, appointed watchmen as early as 1829 and formally created a police department in 1869 which by 1914 numbered over 500 officers. Rural communities also acted to replace or complement the operations of the sheriff where residents believed the sheriff's efforts were inadequate in combating crime; responding to these concerns, the New Jersey State Police was created by a law in 1921 largely to provide police services in rural towns. The sheriff also formerly had a major responsibility in the selection of grand and petit jurors, a power gradually removed in counties as a result of abuses in which sheriffs rewarded and punished political friends and enemies through stacking of the pool of jurors. Currently, the principal operations of the sheriff are focused on the serving of legal documents and warrants; supporting investigations of county prosecutors; conducting foreclosure and other court-ordered sales; and, in some counties, providing security for court houses and operating county jails. Sheriffs also may be called on by the State Police or local police to supplement their personnel in major cases such as kidnappings and inmate escapes, as well as to assist during emergencies and natural disasters. Despite their more circumscribed law enforcement role, the sheriff, as the only elected law enforcement official in the state, remains a significant political force, in some cases using tools of patronage to assume either open political roles like chairs of county political parties or to be recognized as key behind-the-scenes political activists. New Jersey was making a limited effort to provide protection for its rural inhabitants. This effort was wholly dependent upon the county sheriff and his constables.
Based on a political system of election and appointment, there were varying degrees of success. Demands for a uniformly well trained rural police force increased in direct proportion to an increasing population and crime rate. On July 1, 1921, Herbert Norman Schwarzkopf, a graduate of the United States Military Academy at West Point, was appointed as the first Superintendent of the State Police by Governor Edward I. Edwards. Municipal Courts are statutory courts of limited jurisdiction. The 539 About 6 million cases are filed in New Jersey’s 539 Municipal Courts each year. Municipal Court judges are appointed for three-year terms by the mayor, with the advice and consent of the council, or in some cases directly by the governing body. In joint Municipal Courts, which are courts serving more than one municipality, the appointment is made by the governor with the advice and consent of the state Senate. In contrast to judges of the Supreme and Superior courts, Municipal Court Judges do not have tenure, are not subject to a mandatory retirement age and typically serve part-time and allowed to practice law for clients in cases not in conflict with their judicial responsibilities. The Municipal Courts are of limited jurisdiction and hear cases involving parking and motor vehicle violations; municipal ordinances; cases involving hunting, fishing and boating laws; disorderly person violations; and other minor offenses. Municipal Court decisions may be appealed to the Superior Court. A Superior Court judge will hear the case again (a Trial De Novo) based upon the evidence submitted during the Municipal Court hearing. The Superior Court Assignment Judge, as the chief judicial officer in each Vicinage (Judicial Management District), has plenary responsibility for the administration of the Municipal Courts.
Proceedings include all matters within their statutory jurisdiction including disorderly and petty disorderly criminal offenses such as simple assault, harassment, shoplifting, lewdness, and criminal mischief; violations of motor vehicle and traffic laws such as Driving While Intoxicated, uninsured vehicle, driving while suspended or revoked, reckless or careless driving, speeding, and all parking matters; also, violations of the fish and game and boating laws; violations of all county and municipal ordinances; and all other proceedings in which jurisdiction is granted. A person who disagrees with the decision of a Municipal Court may appeal, with the notice of appeal received by the Municipal Court within 20 calendar days of the court's decision, for review at the county level in the Superior Court, Law Division. There is a mandatory non-refundable fee of $100 plus additional transcript fees which must be paid in advance. The Superior Court judge reviews the transcript produced from the audio recording of the municipal court trial and any other evidence or legal papers from the trial and makes a decision regarding the case. New testimony or evidence are generally not admitted for the appeal. The Judiciary has prepared an information packet, " How to Appeal a Decision of a Municipal Court ", for persons wishing to appeal a Municipal Court decision. The Office of Attorney Ethics acts as the investigative and prosecutorial arm of the Supreme Court of New Jersey in discharging the Court's constitutional responsibility to supervise and discipline New Jersey attorneys.
The OAE assists and manages 18 district ethics committees and 17 district fee arbitration committees throughout the state. Additionally, the OAE itself handles serious, emergent and complex disciplinary prosecutions. The OAE also administers the Random Audit Compliance Program, which monitors the recordkeeping responsibilities of private practice law firms. Attorney Discipline
In order to engage in private practice in New Jersey, you must:
a. pay the annual assessment; b. complete the attorney annual registration statement and keep the data current throughout the year; c. maintain a bona fide office under R.1:21-1(a); d. fulfill the requirements of R. 1:21-6, including trust and business accounts in an approved New Jersey financial institution; e. keep trust accounts IOLTA-compliant (R. 1:28A); and f. maintain required levels of malpractice insurance under Court Rules if practicing in a P.A., P.C., L.L.P., or L.L.C. The New Jersey Lawyers' Fund for Client Protection, an entity of the Supreme Court of New Jersey, exists under the authority of Rule 1:28. It was established to reimburse clients who have suffered a loss due to dishonest conduct of a member of the New Jersey Bar. The New Jersey Lawyers' Fund for Client Protection was created as a Committee of the New Jersey State Bar Association in 1961. At the request of the Bar, the New Jersey Lawyers' Fund for Client Protection took its present form in 1969 and has served as a national leader. Formerly known as the Clients' Security Fund of the Bar of New Jersey, the New Jersey Lawyers' Fund for Client Protection's nature and purpose were not affected by the 1991 name change. The New Jersey Lawyers' Fund for Client Protection handles the payment and registration process for lawyers admitted to practice.
* New Jersey Lawyers' Fund for Client Protection, Supreme Court of New Jersey * New Jersey Law Firms, Martindale-Hubbell
* New Jersey Lawyers, Attorneys, and Law Firms, FindLaw/Thomson Reuters * New Jersey Attorney Index, New Jersey Judiciary * Best Law Firms New Jersey, US News & World Report * Best Lawyers New Jersey, BestLawyers.com * New Jersey Law Firm Rankings, lawfirmstats.com Several of the larger law firms also maintain active government lobbying practices, although some have reduced or eliminated government relations work as a result of "pay to play" laws and other restrictions on political activity by firms which also represent state or local government clients. In March 2016, the New Jersey Law Journal published its annual survey of the leading lawyer-lobbying firms; based on their 2015 revenues, the Law Journal ranked the top firms as Gibbons ($2,639,902); Optimus Partners ($1,780,700); Archer Public Affairs/Archer & Greiner ($1,262,612); Riker, Danzig, Scherer, Hyland & Perretti ($1,243,069); and Porzio Governmental Affairs/Porzio, Bromberg & Newman ($1,165,672). Gibbons, as the leading law firm in lobbying, ranked fourth overall of all lobbying firms, behind the government relations firms of Princeton Public Affairs Group ($9,400,869); Public Strategies/Impact ) $6,399,513); and MBI Gluck-Shaw ($3,764,159. Overall, the New Jersey Election Law Enforcement Commission reported that a total of just over $70 million was spent on lobbying in 2015 by all firms and associations required to report their expenditures.
* 'Revenues Rebound for NJ Lawyer-Lobbyists in 2015,' 3/3/2016, New Jersey Law Journal (registration required) * Total Spending by Lobbyists 2010-2015, New Jersey Election Law Enforcement Commission Print Email By S.P. Sullivan | NJ Advance Media for NJ.com Email the author | Follow on Twitter on April 29, 2016 at 6:03 PM, updated April 29, 2016 at 6:32 PMTRENTON — Violent crime fell 10 percent in New Jersey between 2013 and 2014, according to official numbers released on Friday. The state's Uniform Crime Report, an annual tally of crimes reported by all of the state's law enforcement agencies, showed the number of crimes including murder, armed robbery and other violent acts decreased from 25,452 in 2013 to 23,004 the following year. The only category of violent crime that saw an increase in the number of recorded incidents was sex crimes, which authorities attributed to reforms resulting in "more comprehensive reporting" of offenses such as rape. The report found the state's overall crime rate also decreased by eight percent compared to 2013. The report, compiled by the state Department of Law and Public Safety, serves as an official tally with a lag time of nearly a year and a half. A spokesman for acting Attorney General Robert Lougy, Paul Loriquet, said vetting data from hundreds of police departments and performing analyses is a labor-intensive process. More recent raw data is also posted regularly on the State Police's website. Preliminary data for 2015 shows violent crime continued to fall last year, with 22,631 violent crimes reported, though the state's murder rate rose slightly. There were 401 murders in 2013, 354 in 2014 and 357 in 2015, the data show. "While crime rates can be influenced by any number of variables, there is no question that an important part of the equation is the skill and dedication of the men and women of our law enforcement community," Lougy said in a statement accompanying the report. Violent crime fell 10 percent in New Jersey between 2013 and 2014, according to official numbers released on Friday.The state's Uniform Crime Report, an annual tally of crimes reported by all of the state's law enforcement agencies, showed the number of crimes including murder, armed robbery and other violent acts decreased from 25,452 in 2013 to 23,004 the following year. The only category of violent crime that saw an increase in the number of recorded incidents was sex crimes, which authorities attributed to reforms resulting in "more comprehensive reporting" of offenses such as rape. The report found the state's overall crime rate also decreased by eight percent compared to 2013. The report, compiled by the state Department of Law and Public Safety, serves as an official tally with a lag time of nearly a year and a half. A spokesman for acting Attorney General Robert Lougy, Paul Loriquet, said vetting data from hundreds of police departments and performing analyses is a labor-intensive process. More recent raw data is also posted regularly on the State Police's website. hile New Jersey's crime rate has been on a downward trend over the past decade, violent crime persisted in the state's six major cities: Newark, Elizabeth, Jersey City, Paterson, Trenton and Camden. But data in the new report showed it began to fall in 2014, with 9,436 reported incidents compared to 11,084 in 2013.Attacks on police officers also fell, according to the report. There were 1,794 police officers assaulted in 2014, a decrease of 17 percent from 2013.
The 200-page report parses crimes across the state in a number of ways, including the average frequency of criminal acts. According to the 2014 "New Jersey Crime Clock," a crime occurs in the state every 2 minutes and 54 second New Jersey crime rates, which are reported as crimes per 1,000 residents, are distorted by seasonal changes since several resort communities, where summer populations increase sharply that are not included in Census estimates of year-round permanent population, are among the municipalities with the highest crime rates. One report published in September 2015, for example, listed the top ten municipalities in crime rates per 1,000 residents as 1) Sea Isle City, 2) Wildwood; 3) Brooklawn; 4) Atlantic City; 5) Millville; 6) Seaside Heights; 7) North Wildwood; 8) Salem; 9) Asbury Park, and 10) Camden. NeighborhoodScout’s report shows that in the past year Camden has seen 1,895 violent crimes (murder, rape, robbery, and aggravated assault). While these numbers are much less than Philadelphia’s next door (17,088 violent crimes), factoring in population size is what pushes Camden to the top of the list. Camden soars over the national average of 3.8 violent crimes per 1,000 people with 25.66 (more than six times the national average 2Chester, PA 3Detroit, MI 4Saginaw, MI 5Oakland, CA 4Saginaw, MI 3Detroit, MI 2Chester, PA America's Most Dangerous Cities 2014, NeighborhoodScout.com Camden County-run police force, which replaced the disbanded city department in May 2013 Camden is still the most crime-plagued city in the state, as it has been since 2007. National Median 3.8 My chances of becoming a victim in Camden 1 in 49 in New Jersey 1 in 383 Another study published in January 2016 which reviewed FBI crime data for municipalities with a population of 10,000 or more over a three-year period through 2013 as 1) Atlantic City 2) Asbury Park 3) Millville 4) Bridgeton 5) Irvington 6) Newark 7) Neptune Township 8) Woodbury 9) Lindenwold 10) Trenton. That analysis, however, omitted Camden since the city had not yet reported data for 2013. murders per 1,000 residents of cities with populations of 25,000 and over. Camden as sixth; Trenton as ninth; Newark as 14th; Bridgeton 19th. ) * Murder Capitals of America 2016, NeighborhoodScout.com In 2015, the estimated number of violent crimes in New Jersey fell by 2.1% when the overall rate in the US increased 3.8% when compared with 2014 data.
* Crime in the United States by Region, Geographic Division, and State, 2014–2015, Crime in the United States 2015, FBI * Offenses Known to Law Enforcement by City, New Jersey 2015, Crime in the United States 2015, FBI |