Kenneth Vercammen is author of the ABA "Criminal Law Forms" book.
More info at www.njlaws.com
Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Saturday, September 30, 2017

Handling Drug, DWI and Serious Cases in Municipal Court Seminar October 30, 2017

 October 30, 2017
5:30PM-9:05PM
NJ Law Center, New Brunswick, NJ
     Please forward to any attorneys, prosecutors or judges you believe may be interested.
     Speakers: Kenneth A.  Vercammen, Esq., Past Municipal Court Attorney of the Year
Tara Auciello, Esq.
Municipal Prosecutor (South River)
Law Office of Tara Auciello, Esq. (New Brunswick)
William Brigiani, Esq.
Brigiani & Cohen, LLC (East Brunswick)
Gregory DeMichele, Esq.
NJSBA Trustee
DeMichele and DeMichele (Haddon Heights)
John Menzel, Esq.
Past Chair, NJSBA Municipal Court Practice Section
Law Offices of John Menzel (Point Pleasant) 
Norma M. Murgado, Esq.
Chief Prosecutor (Elizabeth)
Chief Prosecutor (Woodbridge)
Murgado & Carroll, Esqs. (Elizabeth)

$170- $190 tuition depending on  NJSBA membership 

Seminar # ICMCP150717

Location: New Jersey Law Center
One Constitution Square
New Brunswick, NJ 08901

NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION

NJICLE, A Division of the NJSBA NJ State Bar Association 732-214-8500

CustomerService@njicle.com

https://tcms.njsba.com/personifyebusiness/njicle/CLEPrograms/NJICLEEventsCalendar/MeetingDetails.aspx?productId=9310832
CAN’T ATTEND?   Contact NJ ICLE for CD, book, Video
   This informative seminar on Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in Municipal Court. 

An authoritative panel of experienced attorneys will be joined by well-respected Municipal Prosecutors to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients. 

Includes sandwiches, dessert, a 400-page book  with sample forms, documents & checklists!
  NJ Institute for Continuing Legal Education presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers’ Division


    Municipal Court and Criminal Law attorneys may also be interested in the ABA’s CRIMINAL LAW FORMS book
Award winning book from the American Bar Association
Solo & Small Firm Division Author: Kenneth Vercammen
 Use Criminal Law Forms to help represent persons charged with criminal and traffic offenses. Detailed instruction and valuable insight is offered beginning with the initial contact with the client, to walking into the courthouse, and managing the steps that follow. Two hundred and ten modifiable forms help make criminal lawyers more efficient and productive, while also reducing the chance for mistakes. Criminal Law Forms helps lawyers face the challenges of:
     Criminal defense
     DWI cases
     Juvenile offenses
     Domestic violence
     Traffic violations
     Auto Accidents
     And much more
Regular price $139.95,  GP SOLO Member Price $129.95 To order contact ABA Customer Care, 1-800-285-2221 321 N. Clark Street, Chicago, IL 60653 or fax to 312-988-6030 (PC: 5150457) 
ISBN:
978-1-61438-879-1
http://apps.americanbar.org/abastore/index.cfm?section=main&fm=Product.AddToCart&pid=5150457
      Author: Kenneth Vercammen is an Edison, Middlesex County, NJ trial attorney where he  handles Criminal, Municipal Court, Probate,  Litigation and Estate Administration matters. Ken is author of the American Bar Association’s new book “Criminal Law Forms” and often lectures to trial lawyers of the American Bar Association, NJ State Bar Association and Middlesex County Bar Association.  As the Past Chair of  the Municipal Court Section he has served on its board for 10 years. 
     Awarded the Municipal Court Attorney of the Year by both the NJSBA and Middlesex County Bar Association, he also received the NJSBA- YLD Service to the Bar Award and the General Practitioner Attorney of the Year, now Solo Attorney of the Year.
        Ken Vercammen is a highly regarded lecturer on both Municipal Court/ DWI and Estate/ Probate Law issues for the NJICLE- New Jersey State Bar Association, American Bar Association, and Middlesex County Bar Association. His articles have been published by NJ Law Journal, ABA Law Practice Management Magazine, YLD Dictum, GP Gazette and New Jersey Lawyer magazine.  He was a speaker at the 2013 ABA Annual meeting program “Handling the Criminal Misdemeanor and Traffic Case” and serves as is the Editor in Chief of the NJ Municipal Court Law Review.
       For nine years he served as the Cranbury Township Prosecutor and also was a Special Acting Prosecutor in nine different towns. Ken has successfully handled over one thousand Municipal Court and Superior Court matters in the past 27 years.
   Ken also serves as the Editor of the popular legal website www.njlaws.com and related blogs. In Law School he was a member of the Law Review, winner of the ATLA trial competition and top ten in class.
       Throughout his career he has served the NJSBA in many leadership and volunteer positions. Ken has testified for the NJSBA before the Senate Judiciary Committee to support changes in the DWI law to permit restricted use driver license and interlock legislation. Ken also testified before the Assembly Judiciary Committee in favor of the first-time criminal offender “Conditional Dismissal” legislation which permits dismissal of some criminal charges. He is the voice of the Solo and Small firm attorneys who juggle active court practice with bar and community activities. Recently, the ABA Solo Division has selected Ken to write its new book on “Marketing for the New and Small Firm Attorney”. In his private life he has been a member of the NJ State champion Raritan Valley Road Runners master’s team and is a 4th degree black belt.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax)   732-572-0030



Saturday, July 1, 2017

Special Child Power of Attorney to Permit a family Member to care for a minor child NJ Statute 3B:12-39 Delegation of parents or guardians powers regarding care, custody & property of children

Special Child Power of Attorney to Permit a family Member to care for a minor child
     NJ Statute 3B:12-39 Delegation of parents or guardians powers regarding care, custody & property of children

       A parent, other than where custody of a minor has been awarded by a court of competent jurisdiction, with the consent of the other parent, if the latter is living and not an incapacitated person or a guardian of the person of a minor or an incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of his powers regarding care, custody, or property of the minor child or ward, except his power to consent to marriage or adoption of a minor ward.

Commonly Asked Questions
1)  What is a Child Power of Attorney?
A Power of Attorney is a document that allows you to give someone else the authority to care for and make decisions about your child or children.
2)  Do I need to complete a separate form for each of my children?
YES
3)  In the Power of Attorney, what is the person who would get the authority to care for my child or children called?
An “Attorney in Fact”
4)  Does the “Attorney in Fact” have to be an attorney? Does the “Attorney in Fact” have to be a person with some legal immigration status?
NO – An “Attorney in Fact” does not have to be an attorney. You can appoint any adult (18 years of age or over) who you trust and with whom your child/ren would feel comfortable. It is preferable if you appoint someone with legal immigration status, but it is not necessary.
Source: http://www.njtesol-njbe.org/advocacy/FAQsPowerofAttorney3-3-17.pdf
5)  What can an “Attorney in Fact” do?
The Power of Attorney allows you to give someone else the authority to do the following: (1) care for and provide for your child, (2) make medical and educational decisions, (3) approve and arrange for travel plans, (4) and handle any financial matters in which your child may be involved.
You can specify which of these authorities you wish to delegate. You can check only some or you can check all of them. However, if you want the person to be able to fully care for your child if you are not able to do so, then you should check off all of the specific authorities.
6)  Does the Power of Attorney have to be signed by both parents?
The Power of Attorney is best when signed by both parents. However, if that is not possible, you should still complete the form to the best of your ability. The form includes a section where one parent can explain why the other is not signing.

7)  Does the Power of Attorney have to be witnessed?
In order to ensure the validity of the Power of Attorney, it should be witnessed by two people. These people do not have to have any immigration status, but they should be over 18 years old. However, if you cannot find any adult to witness your signature, or can only find one adult, you should still complete the form to the best of your ability. The person you use to notarize the document cannot also be a witness.
8)  Does the Power of Attorney have to be notarized?
In order to ensure the validity of the Power of Attorney, it should be signed in front of an Attorney or notary
9)  Does the Attorney in Fact need to sign the Power of Attorney?
NO
10)  Can someone other than a parent initiate a Power of Attorney?
YES – A person who has legal guardianship can enter into a Power of Attorney, and a person who has legal custody (as opposed to legal guardianship) may also be able to do so. You should complete the form if you are concerned about who will care for the child/ren in your care if you are unable to do so.
For how long is the Power of Attorney in place?
The Power of Attorney is only good for 6 months, but you can complete
more than one.
 Do I lose my authority as a parent if I enter into a Power of Attorney?
NO – While a Power of Attorney is in place, both the parent(s) and the “Attorney in Fact” can make decisions on behalf of the child.
 How can I end a Power of Attorney?
You can end (“revoke”) the Power of attorney at any time. To revoke, you simply put in writing that you are revoking the Power of Attorney. It is best if the revocation is witnessed and notarized just like the Power of Attorney, but this is not necessary.
 Once a Power of Attorney form is finalized, who should keep the original document?
The Attorney in Fact should keep the original notarized document and the parent should keep a copy. It may also be useful to give copies to the children and/or other close family friends or relatives.
 Will the Power of Attorney keep DCPP (child welfare officials) from taking custody of my child?
The Power of Attorney shows that you made a plan for someone else to care for your child if you could not. However, if DCPP has concerns about the welfare of your child, it may still act to protect the child.
 Is this Power of Attorney good in other states?
NO – This power of attorney is only good for New Jersey. Do not share it with family members in other states. If you have family members outside of New Jersey, they should look for similar documents in their home state.
Source http://www.njtesol-njbe.org/advocacy/FAQsPowerofAttorney3-3-17.pdf

Examples:
I/we appoint said attorney in fact, pursuant to the provisions of N.J.S.A. 3B:12-39, and delegate to said attorney in fact the following powers concerning the care, custody and property of my/our child
________________________________________________________________________(“the child”), born on __________ day of _______________________, 20____.
____ Care-Giving. The attorney in fact shall have temporary care-giving authority for the child, until such time as the child is returned to our/my physical custody, or his/her custody status is altered by a federal, state, or local agency; or changed by a court of law.
____ Well-Being. The attorney in fact shall have the power to provide for the child’s physical and mental well-being, including but not limited to providing food and shelter.
____ Education. The attorney in fact shall have the authority to enroll the child in the appropriate education institutions; obtain access to the child’s academic records; authorize the child’s participation in school activities; and make any and all decisions related to the child’s education, including, but not limited to, those related to special education.
If the first three authorities are checked this shall mean that the child’s parent/guardian is not capable of supporting or providing care for the child due to family or economic hardship.
____ Health Care. The attorney in fact shall have the authority, to the same extent that a parent would have the authority, to make medical, dental, and mental health decisions; to sign documents, waivers and releases required by a hospital or physician; to access medical, dental, or mental health records concerning the child; to authorize the child’s admission to or discharge from any hospital or medical care facility; to consult with any provider of health care; to consent to the provision, withholding, modification or withdrawal of any health care procedure; and to make other decisions related to the child’s health care needs.
_____ Travel. The attorney in fact shall have the authority to make travel arrangements on behalf of the child for destinations both inside and outside of the United States by air and/or ground transportation; to accompany the child on any such trips; and to make any and all related arrangements on behalf of the child, including but not limited to, hotel accommodations.
_____Financial Interests. The attorney in fact may handle any and all financial affairs and any and all personal and legal matters concerning the child.
_____ All Other Powers. The attorney in fact shall have the authority to handle and engage in any and all other matters relating to the care, custody and property of the child which are permitted pursuant to applicable state law.
Either parent/guardian reserves the right to revoke this Power of Attorney at any time.
Signatures of Parent(s)
______________________________________________ Signature of Mother
______________________________________________ Signature of Father
______________________________________________ Signature of Guardian
____________________________________________ Date signed by Mother
_____________________________________________ Date signed by Father
_____________________________________________ Date signed by Guardian

source at http://www.njtesol-njbe.org/advocacy/EmergencyPlanning3-3-17.pdf

Monday, June 19, 2017

STATE OF NEW JERSEY IN THE INTEREST OF M.P. A-0303-16T2

STATE OF NEW JERSEY IN THE INTEREST OF M.P.
          A-0303-16T2
In this juvenile delinquency prosecution, the Family Part sua sponte transferred venue to another vicinage without notice to the juvenile defendant or the State. When the State objected, the judge held a hearing and stated the transfer was occasioned by receipt of a confidential report filed by an judiciary employee pursuant to Judiciary Employee Policy #5-15, "Reporting Involvement in Litigation," (effective June 1, 2016) (the Policy). In a subsequently filed brief statement of reasons, without identifying the employee or his or her relationship to the litigation, the judge concluded that given the employee's access to the Family Automated Case Tracking System (FACTS), location in the courthouse and interaction with the public, the Policy required the transfer of venue.
The court granted the juvenile's motion for leave to appeal, which the State supported, and reversed. Our Court Rules presume venue is laid in the county of the juvenile's domicile, a presumption further supported by provisions of the Code of Juvenile Justice. Additionally, the Crime Victim's Bill of Rights require the court to consider the inconvenience to the victim occasioned by the transfer of venue.
While the Family Part Presiding Judge may order the transfer of venue for good cause over the objections of the juvenile and the State, the court must provide notice of its intention and an opportunity to object beforehand. Additionally, the court's power must be exercised in service to the goals of the Policy, i.e., "to maintain [the Judiciary's] high degree of integrity and to avoid any actual, potential or appearance of partiality or conflict of interest in the adjudication or handling of all cases," and the court must consider whether a less drastic measure, such as "insulating the [court employee] from the matter," would accomplish these goals