New Jersey

In May, the Colorado Judicial Branch announced that a pilot program allowing documents in family court cases to be filed online will expand. Many courts in the last year have implemented or bolstered their e-filing systems in order to keep the legal system moving amidst courthouse closures during the COVID-19 pandemic.

Ending months of speculation, Governor Chris Christie re-nominated Chief Justice Stuart Rabner to the New Jersey Supreme Court. The move was part of a political compromise with senate leadership, which agreed in exchange to support the nomination of a Christie ally to the supreme court. The deal between Governor Christie, a Republican, and Democrats in the senate will fill one of two seats on a court that has had two vacancies since early 2012.

Two retired judges will co-chair a new task force on judicial independence established by the New Jersey Bar Association. The task force will direct its efforts at "current threats to weaken our judiciary." There is longstanding tension between Governor Chris Christie and the legislature when it comes to making judicial appointments, particularly to the state's high court. There is also longstanding tension between the governor and the supreme court, with Christie promising to remake the court after unfavorable rulings.

For the second time in his tenure—and the second time in state history—New Jersey Governor Chris Christie declined to renominate a sitting supreme court justice. Christie offered two rationales for the decision to pass over Justice Helen Hoens in favor of superior court judge Faustino Fernandez-Vina: his interest in sparing Justice Hoens the senate's likely "political vengeance" in the confirmation process and the need for more diversity on the high court.

In remarks at last week’s annual conference of the state bar association, Justice Barry Albin encouraged members of the legal profession and the public to defend New Jersey’s courts against attacks by the other two branches based on dissatisfaction with court decisions. He went on to suggest that the governor and the legislature have injected politics into the judicial appointment process.

Governor Chris Christie submitted nominees for two New Jersey supreme court vacancies to the senate. One of the nominees is a sitting superior court judge and, if confirmed, would be the first Asian American justice on the court; the other nominee is the director of the board of public utilities.

According to a recent poll, 70 percent of voters favor a proposed constitutional amendment that gives the legislature the authority to require that judges contribute more toward their pensions and benefits. Earlier this year, the state supreme court ruled that judges were exempt from a new law requiring public employees to pay more because it effectively reduced judges’ salaries in violation of the constitution.

In anticipation of confirmation hearings for Governor Christie’s two supreme court appointees, public employees unions expressed concern to the senate about the governor’s partisan approach to judicial appointments. They allege that the governor selected a Republican “posing as an independent” in order to observe the tradition of party balance on the supreme court.

Three Democratic senators asked Chief Justice Stuart Rabner to investigate allegations that a Republican legislator pressured superior court judges regarding a judicial nomination. According to the senators, the Republican lawmaker told two judges facing re-nomination that the governor would “end their judicial careers” if they did not persuade Democrats to sign off on the governor’s nominee.

Governor Christie nominated a sitting superior court judge, and former federal and state prosecutor, to the supreme court. In recent months, two Christie nominees have been rejected by the senate judiciary committee. Christie’s only other supreme court nominee waited one year before being confirmed by the legislature.