NJ Appellate Law Blog – NJ Appellate Lawyer Bruce D. Greenberg blogs about Appeals and Appellate Law Practice

Can a Municipality be Sanctioned Under the Frivolous Litigation Statute? The Supreme Court Will Decide

The Supreme Court announced that it has granted certification in Borough of Englewood Cliffs v. Trautner. The question presented, as phrased by the Supreme Court Clerk's office, is "Is a...

State v. Jackson, 243 N.J. 52 (2020), Is Not to be Given Full Retroactivity

State v. Hand, ___ N.J. Super. ___ (App. Div. 2024). In State v. Jackson, 243 N.J. 52 (2020), the Supreme Court reversed the defendant's conviction because his counsel was barred...

Charity Care, A Graves Act Issue, and a Warrantless Search of an Arrestee's Vehicle at a Police Station Come Before the Supreme Court

The Supreme Court announced that it has granted certification in three new appeals. The lone civil case in that group is Englewood Hospital & Medical Center v. State of New...

Editorial- The 2024 Presidential Election

[Disclosure/disclaimer: As with all posts labeled "Editorial," this post reflects the views only of its author. The views expressed do not purport to represent those of Lite DePalma Greenberg &...

A Criminal Appeal Involving the "Duty to Retreat," and a Civil Case About the Statute of Limitations for Breach of an Installment Contract

The Supreme Court announced that it has granted certification in two new appeals. One is a criminal matter and the other a civil case. The criminal case is State v....

A New Required Certification for Appellate Briefs

The Supreme Court's September 4, 2024 Order providing for the posting online of most Appellate Division and Supreme Court briefs in argued cases, discussed here, has led to an interim...

Disbarred Attorneys May Now Apply for Reinstatement After Five Years

Yesterday, the Supreme Court announced a sea change in the law governing attorney disbarments. Ever since In re Wilson, 81 N.J. 451 (1979), disbarment has been permanent. There was no...

An Ex Post Facto/Parole Case for the Supreme Court

The Supreme Court announced that it has granted certification in Krug v. New Jersey State Parole Bd. The question presented, as phrased by the Supreme Court Clerk's office, is "Does...

Three Basic Appellate Principles From a Recent Unpublished Opinion

At this time of the year, published decisions from the Supreme Court and the Appellate Division are few and far between, as the new Term is barely one month old....

It's Justice Hoffman Now

As expected, the Senate voted yesterday to confirm John Hoffman, Governor Murphy's nominee to fill the seat vacated by Justice Solomon due to his mandatory retirement, to become an Associate...

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A Municipal Court Administrator is Employed by the Township, Not the Administrative Office of the Courts

Palmisano v. State of New Jersey Administrative Office of the Courts, ___ N.J. Super. ___ (App. Div. 2025). The opening paragraph of Judge Marczyk's opinion for the Appellate Division well encapsulates what the appeal was about and what the result was. "Plaintiff Lindsay Palmisano appeals from the trial court's April 1, 2024 order dismissing her complaint with prejudice against defendant State of New Jersey Administrative Office of the Courts and Municipal Division (AOC) pursuant to Rule 4:6-2(e). The primary issue on appeal is whether plaintiff, a municipal court administrator, is an employee of the AOC, thereby allowing her to assert a claim against the AOC under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. Based on our review of the record and the applicable legal principles, we conclude plaintiff was employed by Vernon Township (Township), not the AOC, and, therefore, we affirm."...

Supreme Court to Take Up Two Published Appellate Division Opinions

The Supreme Court announced that it has granted review in two new appeals. One is before the Court on leave to appeal. The Court granted certification in the other matter....

South Seaside Park Can Detach Itself From Berkeley Township

Whiteman v. Township Council of Berkeley Township, ___ N.J. ___ (2025). South Seaside Park is a small (490 year-round residents) barrier island community that has been annexed to the Township of Berkeley ("the Township"). South Seaside Park sought to deannex itself from the Township and to be annexed instead to the Borough of Seaside Park. South Seaside Park followed a statutory petitioning procedure in doing so. The Township refused consent. South Seaside Park went to court and won a ruling from the Law Division that rejected the Township's refusal. The Appellate Division affirmed. Yesterday, in a unanimous opinion by Justice Patterson, the Supreme Court affirmed as well....

Megan's Law "Not Likely to Pose a Threat to the Safety of Others" Extends to Non-Sexual as Well as Sexual Re-Offenses

In re Registrant S.O., ___ N.J. Super. ___ (App. Div. 2025). This appeal presented a pure legal issue relating to the "public safety prongs" contained in the termination provisions of Megan's Law, N.J.S.A. 2C:7-2(f), and the Community Supervision for Life statute ("CSL"), N.J.S.A. 2C:43-6.4(c). Judge Vanek crystallized that "novel" issue as "whether, on a registrant's application to terminate Megan's Law and CSL obligations, the phrase ‘not likely to pose a threat to the safety of others' should be broadly interpreted with the trial court considering threats to safety from subsequent non-sexual and sexual offenses or whether the inquiry should be limited to the threat of sexual re-offense only." The panel held that the broader view was the correct one....