New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A1394

Introduced

1/11/22

Refer

1/11/22

Caption

Provides parties offering public remarks before Senate committees concerning qualifications of Superior Court judge nominees, upon motion, change of venue on family actions, to vicinage other than vicinage where nominee is assigned if confirmed.

Impact

The bill impacts the current legal framework by providing a mechanism for petitioners in family law to request a venue change. This is particularly significant in situations where public statements about a nominee may create substantial doubt about the possibility of receiving fair treatment in the same jurisdiction as the nominee. This proposal seeks to bolster the integrity of family law proceedings and judicial impartiality, reflecting the sensitive nature of family cases.

Summary

Bill A1394 concerns the process of public input during the Senate's review of gubernatorial nominees for judges of the Superior Court in New Jersey. It specifically allows parties involved in family actions or proceedings within the Family Part of the Chancery Division to seek a change of venue for any related proceedings if they make public remarks about the nominee's qualifications during the Senate committee hearings. This aims to ensure that those involved in family law cases can still find impartial justice even when the nominee has been discussed publicly.

Contention

Points of contention surrounding Bill A1394 may arise from those who argue that such a provision could complicate the judicial process by enabling potentially frivolous venue changes based on public comments. Critics may also express concerns about how broadly or narrowly the definitions of 'public remarks' and 'substantial doubt' are applied in practice, fearing that these terms could lead to inconsistencies or abuses in the judicial process. Supporters, however, argue that protecting the fairness of court proceedings is paramount, especially in sensitive family matters.