Friday, October 20, 2017
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) |
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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
Friday, September 1, 2017
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.
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”
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.
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.
Thursday, February 23, 2017
Municipal prosecutors advised not to reduce traffic tickets to no point violations for teen drivers
Municipal prosecutors advised not to reduce traffic
tickets to no point violations for teen drivers
This does not prohibit a hiring an attorney
to plea bargain or have a trial to reduce to two point violations or for more
serious violations. Hiring a good trial attorney will usually cost more than
$500.
Inexperienced young attorneys
sometimes charge less.
|
Attorney
General Directs No Plea Bargains for Teen Drivers 2008
|
 |
|
Trenton, NJ – Following a key
recommendation of the Teen Drivers Study Commission, Attorney General Anne Milgram
has directed municipal prosecutors not to offer or accept plea bargains to
teen drivers with Graduated Drivers’ Licenses for motor vehicle violations
that carry points.
The directive is aimed at ensuring
that new drivers participate in driver improvement programs that are
mandatory for young drivers who accumulate three or more points. The
directive specifically bars pleas to a violation of operating a motor vehicle
in an unsafe manner, a plea that avoids the assessment of points.
The Teen Drivers Study Commission
recommended the action because a provision of the Graduated Drivers License
system had been undermined by plea offers to no-point offenses.
“It is necessary for prosecutors to
differentiate GDL holders from regular licensees when determining an
appropriate plea offer,” Milgram wrote in a memorandum sent to all municipal
and county prosecutors on Wednesday. “GDL holders are probationary drivers
and it is entirely appropriate that they be held strictly accountable for all
motor vehicle violations.’’
A GDL holder who is charged with a
motor vehicle violation does not have a sustained record of safe and lawful
driving, which is an important factor that prosecutors consider when
determining negotiated resolution of charges. Therefore, pleading motor
vehicle violations to no-point offenses allows GDL drivers to escape remedial
measures and leaves high-risk and inexperienced drivers on the road.
“The need to deter and remediate
driving offenses is greater with respect to new, young drivers,’’ Milgram
said.
Pam Fischer, the director of the
Division of Highway Traffic Safety and the chairwoman of the Teen Driver
Study Commission, said, “This directive represents a significant step forward
in our efforts to ensure that teen drivers are not only kept safe and free
from harm behind the wheel, but when they do violate motor vehicle laws, they
are properly sanctioned and receive training that will protect them in the
future. We now have a way to effectively identify teens that have
demonstrated unsafe driving behaviors and address them before they result in
tragedy on our roadways.
“One of 14 priority recommendations
made by the Division, the directive is a major step forward for safety. The
Commission thanks the Attorney General for her commitment to teen driver
safety and looks forward to continuing to work closely with her, the
Governor’s Office, and the Legislature as we move forward with the
Commission’s recommendations to help reduce crashes and save lives.”
A copy of the directive and the full
Teen Driver Study Commission report is available on line at www.njsaferoads.com.
View directive -
115k pdf
|
See also http://www.nj.com/news/index.ssf/2008/09/no_more_plea_bargains_for_nj_t.html
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