The Straight Word 04-05 - Burlington County Bar Association

Transcription

VOL XXXXVIV NO. 3
MARK YOUR
DIARY
MARCH
7
YOUNG LAWYERS COMMITTEE MEETING –
4:30 P.M. , BAR HEADQUARTERS, MT. HOLLY
13
HOT TRENDS IN PROBATE LITIGATION – 4:30 P.M.
COUNTY OFFICE BUILDING, MT. HOLLY
14 ST. PATRICK’S DAY HAPPY HOUR – 5:30 P.M.
DUBH LINN SQUARE, BORDENTOWN
19 SOCIAL MEDIA NETWORKING LUNCH – NOON
BAR HEADQUARTERS, MT. HOLLY
EXPERT WITNESS SEMINAR – 4:30 P.M.
20 BCBA BOARD OF TRUSTEES MEETING – 4:30 P.M.
ITALYANI FOOD & WINE, LUMBERTON
HAINES AWARD RECEPTION – 6 P.M.
ITALYANI FOOD & WINE, LUMBERTON
21 CONSUMER FRAUD UPDATE – 4:30 P.M.
BCBF BOARD OF TRUSTEES MEETING – 5:30 P.M.
BAR HEADQUARTERS, MT. HOLLY
27 LANDLORD/TENANT SEMINAR – 4:30 P.M.
Burlington County Bar Association
MARCH 2013
RUN FOR THE BAR
Join the Burlington County Bar Foundation on Saturday, May 18, 2013 as we
“RUN FOR THE BAR”. This 5K Run/1 Mile Walk will take place in the Kings Grant
Community in Marlton, NJ. The race begins at 8:30 a.m. and will take runners on an
easy flat loop through Kings Grant, and walkers on a scenic 1 mile walk around the lake.
Parking is available at the Kings Grant Community Center, located at 50 Landings Drive
in Marlton. The race will begin and end just a few steps from the parking area.
Prizes will be awarded to the top male and female overall finishers; and medallions will be awarded to the top three male and female finishers in their age bracket.
Amenities include t-shirts, awards ceremony, and refreshments.
Registration information is included in this issue of The Straight Word or
register online by visiting our website at burlcobar.org or at
https://register.dqtridu.com/register/?event=18389. Sponsorship opportunities are also
available for law firms and local businesses. If you have a local business you frequent
(restaurant or store) consider asking them to sponsor the 5K for the Foundation.
All proceeds benefit the many community service projects of the Burlington County Bar
Foundation. Call (609) 261-4542 with questions. Hope to see you there!
BCBA/NAWBO NETWORKING EVENT
The Burlington County Bar Association is pleased to be partnering with the
National Association of Women Business Owners – South Jersey (NAWBO-South
Jersey) for a special networking cocktail hour on Thursday, April 11, 2013 from 5 – 8
p.m. at Braddock’s Tavern, 39 South Main Street, in Medford. The cost to attend is just
$20 per person for BCBA members, and $25 for non-members, and includes your first
glass of wine as well as hors d’oeuvres.
Chartered in 2003, NAWBO-South Jersey is a professional group of women and
men who come together to connect, learn and grow through networking and educational
events. NAWBO-South Jersey strives to help others grow in business by offering education and resource to women business owners in the South Jersey region.
Attend this very special event to connect with local business owners and potential new clients and exchange ideas with women in business and women consumers on
how to grow your client base.
Registration information is included with this issue of The Straight Word.
Questions? Call 609.261.4542.
INSIDE THIS ISSUE
President’s Message ..................................................................................3
Red Flags for a Special Needs Trust ..........................................................9
Notice to the Bar ......................................................................................10
Watch that Clock: Potential Roadblocks ................................................12
WELCO ME N EW M EMB ERS
EDWARD M. HUGHES, ESQ.
26 Harvest Way
Little Egg Harbor, NJ 08087
(732) 670-7169
[email protected]
ALEX JOCHYM, ESQ.
Kim Krizman, LLC
1307 White Horse Road, Suite 601
Voorhees, NJ 08043
(856) 520-8988 Fax (856) 520-8983
[email protected]
MATTHEW B. LUN, ESQ.
Law Office of Matthew B. Lun, Esq. LLC
100 Horizon Center Boulevard, Suite 216
Mount Laurel, NJ 08054
(609) 384-3770 Fax (609) 613-5607
[email protected]
DANIEL ORLOW, ESQ.
Begelman, Orlow & Melletz
411 Route 70 East
Cherry Hill, NJ 08034
(856) 428-6020 Fax (856) 428-5485
[email protected]
RONALD G. RUBIN, ESQ.
Law Offices of Ron Rubin
110 Marter Avenue, Suite 209
Moorestown, NJ 08057
(856) 608-9797 Fax (856) 608-6244
[email protected]
CONDOLENCES
The Burlington County Bar Association
extends its sincere condolences to past
president, Sharon Dostmann, on the loss of
her father, William R. Dostmann on
January 15, 2013 at the age of 71.
k
extends its sincere condolences to R. Louis
Gallagher, II on the loss of his father, R.
Louis Gallagher, on February 3, 2013 at
the age of 83.
k
extends its sincere condolences to past
president Kenneth Roth on the loss of his
father, Ben A. Roth, on February 7, 2013 at
the age of 89.
M EMB ERS IN TH E N EWS
T HE S TRAIGHT WORD M ARCH 2013 - PAGE 2
Bar Briefs
Capehart Scatchard Shareholder
Amy C. Goldstein recently
spoke at a National Business
Institute seminar on “Applying the
Rules of Evidence: What Every
Attorney Needs to Know” in
Cherry Hill, New Jersey. Ms. Goldstein presented on the various aspects of hearsay objections
and exceptions. Ms. Goldstein has practiced all
aspects of family law for thirty years. Her practice areas include marital and civil union dissolutions, alimony, child support, cohabitation and
prenuptial agreements, child custody and related
matters.
The law firm of Helmer, Conley & Kasselman is
pleased to announce that Krista Trani has been
appointed to lead the Family Law Department. In
addition, Christopher Vanette has joined the
firm as an associate, adding additional depth to
the firm’s family law and immigration departments. The firm recently opened its 10th location
(Bridgeton) and has relocated its Salem County
office from Salem City to Woodstown, during the
merger with Lawrence Point’s firm. Video conferencing between the firm’s sites makes the services of all the firm’s attorneys easily available to
clients throughout the state.
M EMB ERS O N T HE MO VE
TERRANCE W. ANNESE, ESQ.
The Annese Law Firm, P.C.
414 Stokes Road, Suite 106
Medford, NJ 08055
(856) 297-3639 Fax (866) 290-1957
[email protected]
EMMETT S. COLLAZO, ESQ.
A.J. DiMarino, P.C.
57 Euclid Street, Suite A
Woodbury, NJ 08096
(856) 853-0055 Fax (856) 853-2866
[email protected]
CHRISTOPHER VANETTE, ESQ.
Helmer, Conley & Kasselman, P.A.
519 White Horse Pike
Haddon Heights, NJ 08033
(856) 547-7888 Fax (856) 547-2576
[email protected]
S U MM AR Y OF TH E BO AR D M EETI NG
At the February meeting of the Board of Trustees, the Board approved the minutes
of the January meeting, approved the financial statement for January, and accepted
the applications of 7 new members. In addition, they accepted the Executive
Director’s Report, NJSBA Trustee Report and Committee reports, including the
Community/Public Relations Committee, Criminal Practice Section, Municipal
Court Section, and Young Lawyers Committee. Furthermore, the Association Board
of Trustees approved the purchase of much needed new computers for Bar
Headquarters as well as approve a more reliable backup solution for the Bar
Association. Finally, the Board of Trustees approved the Bar’s presence at the 2013
Burlington County Farm Fair for the third straight year. The next meeting of the
Burlington County Bar Association Board of Trustees will take place on Wednesday,
March 20 immediately prior to the Haines Award Reception honoring Cynthia Earl.
The Straight Word
P RESI DENT’S MESSAGE
BY : JA N IC E H EI N O LD
It’s winter, and unlike most people, I enjoy winter,
because it’s ski season! I’ll be getting 11 ski days in for
sure this year, from the beautiful Banff/Lake Louise in the
Canadian Rockies to the humble Bear Creek Mountain in
Macungie, PA. I was also hoping for a frozen lake to
skate on, but was skiing the only day the lakes in Medford
Lakes froze hard enough. I remember skating for days
after school when I was kid; I guess that’s impossible in
today’s climate.
March is another full month for the Bar Association. We have a Young
Lawyers’ Committee Meeting on March 7, 2013 at 4:30 pm. The Young Lawyers’
Committee is also holding a St. Patrick’s Day Happy Hour on Thursday, March 14th
at Dubh Linn Square in Bordentown. The Probate Committee (which meets the first
Monday of every month at 4 p.m. in the County Freeholder’s room at the County
Office Building) is giving a seminar on Hot Trends in Probate Litigation on March
13, 2013. We have part two of a four-part lunchtime seminar series on using the web
and social media to grow your practice: Social Media Networking to Produce New
Clients, March 19th at Bar Headquarters. Also March 19th, the Civil Practice
Section presents “The Do’s and Don’t of Expert Selection and Communications” at
4:30 in the Courthouse. The Commercial Law Subcommittee of the Civil Practice
Section is providing a Consumer Fraud Update at the Courthouse. The
Landlord/Tenant Committee will present a seminar on “Beyond Non-Payment of
Rent: Cause Evictions and Recouping Losses” on March 27th.
Of course, our most important event in March is the Haines Award
Reception. This year’s recipient is Cynthia Earl, Esq. I first met Cindy when I
joined the District III-B Ethics Committee years ago. Cindy has tirelessly served as
Secretary to that Committee since 1999, a volunteer position, and her amazing efficiency and organizational skills are the reason that Committee works as well as it
does. Cindy is frequently appointed by the court as guardian for incapacitated individuals, and also volunteers as a matrimonial mediator in the court’s MESP program.
Anyone who has had the pleasure of dealing with Cindy in any of her numerous
roles, or as an adversary, will recognize that she exemplifies the character and service to the profession exemplified by Judge Martin L. Haines. Please join us in honoring her March 20th at Italyani Food & Wine on Route 38 in Lumberton, NJ.
How are you coming along with your Couch-to-5k training? The Bar
Foundation’s Second Annual 5k takes place Saturday May 18th! Don’t miss out on
this opportunity to get in shape for summer AND support the Bar Foundation. If you
do not wish to run, please consider being a Sponsor of this Event. More details can
be found on our website.
Published Monthly by
137 High Street, 3rd Floor, Mt. Holly, NJ 08060
Email: [email protected]
Website: www.burlcobar.org
(609) 261-4542
Fax: (609) 261-5423
Lawyer Referral Services:
(609) 261-4862
OFFICERS
Janice L. Heinold ..................................................................................President
Katherine D. Hartman ..............................................................President-Elect
Roger Lai ......................................................................................Vice President
Kevin Walker ........................................................................................Treasurer
Elizabeth M. Garcia ..............................................................................Secretary
TRUSTEES
2010-2013:
2011-2014
2012-2015
Cedric Edwards
Richard J. Nocella, Jennifer Stonerod
Kim C. Belin, Douglas L. Heinold
Pamela A. Mulligan, Reema Y. Scaramella
Joan M. Burke, Richard C. Klein
Steven A. Traub, John A. Zohlman, III
Young Lawyer Trustees
2011-2013:
2012-2014:
Grant G. Berger
Noah A. Schwartz
Immediate Past President: Timothy S. Farrow
New Jersey State Bar Trustee: Edward W. Hoffman
Executive Director: Kara E. Edens
EDITORIAL BOARD
John F. Kearney, III ..........................................................................Editor
Kara E. Edens ..................................................Print & Circulation Mgr.
All Officers and Trustees of the BCBA
STATEMENT OF POLICY
The existence of your Burlington County Bar Association is made possible
by your financial support. However, our success in fostering professional
growth and improving the practice depends on your participation in meetings, programs, seminars and the work of committees, as well as your support of our monthly publication, THE STRAIGHT WORD, by way of suggestions and contributions.
Contributions are welcome, subject to the deadline of the 10th day of each
month. There is only one publication during July and August. The right to
edit and publish is reserved.
Finally, my wine pick for this month:
Riesling. Riesling is a classic pairing for Easter
Dinner, although it is so versatile, it goes well with
fish, cheese, and salads, as well. “Too sweet” may
pop into your mind as you read the word Riesling,
and yes, there are sweet Rieslings out there, but
there are also dry or “Trocken” versions of this
noble grape. German wine labels may appear baffling, but if Trocken or Halb-Trocken appears on
the label, the style of wine will be dry rather than
sweet. Well done Reislings have a restrained power
to them that make them a joy to drink. A solid
choice is Ratzenberger Trocken and can be found at
Moore Brothers for $21.
Celebrating 81 Years
Show your support for your Bar Association by
advertising in the Annual Installation of Officers Program Book
riday,, June 7, at 6 p.m. at the
The Installation of Officers Dinner Dance is scheduled for Friday
beautiful Laurel Creek Country Club in Mt. Laurel, NJ. You can pay tribute to our incoming BCBA President Katherine D. Hartman, and incoming BCBF President Deirdre K.
Hartman, as well as the other incoming officers and trustees of the Association and Foundation by placing an ad in the commemorative program book that will be distributed that
evening.
Place a firm display ad, your own personal display ad, or be listed as a patron. To be
included in this year’s book, simply complete the form below and mail with payment to the
Burlington County Bar Association by Friday
riday,, May 24.
AGE {5 W x 8 H}:
FULL P
PA
1/2 P
PA
AGE {5 x 4}:
1/4 P
AGE {5 x 2}:
PA
PA
1/8 P
AGE {2 1/2 x 2}:
Patron Listing:
$375
$200
$125
$75
$25
Please return ad copy, form and payment to:
137 High Street, 3rd Floor
Mount Holly, NJ 08060
T YES! Please include me/us in the Annual Installation of Officers Program Book!
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OFFICE SPACE
45 GRANT STREET, MOUNT HOLLY, NJ
Former Burlington County Bar Association Building
Adjacent to County Complex
1-6 Office Spaces Available
1,350 S.F. Total
Off Street Parking
Contact Terry Mulligan
609-267-4462
DIVORCE CONCIERGE/CAREER COACH
I provide personal support and resource management for individuals who are in the process of divorce. At no cost to you.
Contact Kay Larrabee at
[email protected] or 856-628-5272.
www.TheDivorceConciergeOfSouthJersey.com
COMMERCIAL
REAL ESTATE & APPRAISING
OFFICE SPACE AVAILABLE
BURRS ROAD OFFICE CENTER
101 Burrs Road, Westampton, NJ
FOR LEASE:
1875 sq. ft. finished law office, w/parking
Near Exit 5 of NJ Turnpike and Route 295.
FOR LEASE: Up to 3,000 Sq. Ft. Route 38 Hainesport, NJ
FOR SALE: Mount Laurel, NJ Texas Ave & Elbo Lane; 2.1 acres commercial w/house
Up to 5000 sq. ft. professional offices; will divide on Woodlane Road,
Westampton Twp.
FOR LEASE: Single or multiple professional offices; beautiful historic
office building in Mount Holly.
BUILT TO SUIT: 13,000 Sq. ft. office Route 38, Lumberton, NJ
FOR LEASE: Up to 30,000 sq.ft. industrial
Space, WILL DIVIDE Eastampton , NJ
FOR LEASE OR SALE: 895 Rancocas Road, Westampton, NJ
21,375 sq. ft. building - WILL DIVIDE
CALL TERRA ASSOCIATES
1203 R
Route
oute 73 North
North | Mount
Mount Laur
Laurel,
el, NJ 08054
[email protected]
inf
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WANTED LANDLORD/TENANT
PRACTICE
Cherry Hill based law firm that represents landlords in
landlord/tenant matters seeks Landlord/Tenant practices
(landlord side only) to purchase. If you have a landlord/tenant case load and are looking to scale back or
retire (good for you) please contact us.
All inquiries will be kept strictly confidential. Respond to
[email protected]
PARTNERSHIP OPPORTUNITY
Versatile seven lawyer BC firm in search of its next partner. Are you ready to make the leap? Do you have a
portable book of business that’s looking for the comfort
of a new home? If the answers are “Yes!” send us a letter extolling your vitues and we’ll promptly schedule an
interview. All submissions should be sent to:
P.O. Box 171, Moorestown, NJ 08057
(609) 261-2666
When it comes to Alternative Dispute Resolution,
there is no substitute for experience…
16-Year Judicial Career
Presiding Judge, Chancery Division and Probate
Presiding Judge, Civil Division
Superior Court of New Jersey, Camden County
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Successful litigator in a highly diversified practice
Judge M. Allan Vogelson (Ret.)
Mediation • Arbitration • Case Management • Special Master
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Contact M. Allan Vogelson, P.J.S.C. (Ret.)
8 5 6 - 9 8 5 - 4 0 6 0 ∙ a v o g e l s o n @ p a r k e r m c c ay . c om
Mount Laurel, NJ | Lawrenceville, NJ | Atlantic City, NJ
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*Certified Workers’ Compensation Law Attorney
D av i d C . M i c h a u d
Referrals Paid Pursuant to Rule 1:39-6
Smith
Magram
Berenato
Michaud
415 High Street
Burlington, New Jersey 08016
609-386-2633
Workers’ Compensation
T HE S TRAIGHT WORD M ARCH 2013- PAGE 7
HO N OR A P U BLIC LAWYE R O R
PUBLIC LAW OFFICE
Nominations due April 8, 2013!
The ABA Government and Public Sector Lawyers Division
invites you to submit a nomination for its 2013 National
Awards. The 2013 Dorsey, Hodson and Nelson Awards will
be presented at the ABA Annual Meeting in San Francisco on
August 9.
DORSEY AWARD for an Outstanding Public Defender
or Legal Aid Lawyer
Named for Charles H. Dorsey, Jr., longtime Executive
Director of Maryland’s Legal Aid Bureau, Inc., a champion
of the poor and underprivileged, and Chair-Elect of the
Division at the time of his death, this award recognizes
exceptional work by a public defender or legal aid lawyer. To
be eligible, nominees must be employed by an entity that
receives government funding.
To make a nomination for this award, visit:
http://www.americanbar.org/groups/government_public
/awards/dorsey_award.html
HODSON AWARD for Public Service
The Hodson Award, named for the late Major General
Kenneth J. Hodson, a former Judge Advocate General of the
U.S. Army and a founding member of the Division, recognizes sustained, outstanding performance or specific and
extraordinary service by a government or public sector law
office. Units within an office are eligible for this award, but
individuals are not. Nominees must receive government
funding.
/awards/hodson_award.html
NELSON AWARD for Outstanding Service to the ABA
The Nelson Award was established as a tribute to the late L.
Clair Nelson, a long-time, active ABA and GPSLD council
member. This award recognizes outstanding contributions to
the ABA by a government or public sector lawyer, and all
government and public sector lawyers are eligible. Specific
extraordinary accomplishments and sustained contributions
to the ABA will be considered.
/awards/nelson_award.html
Questions? Visit the ABA Government and Public Sector
Lawyers Division's Awards webpage or email the Division at
[email protected].
GERROW COURT
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CERTIFIED COURT
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Serving the legal community for over
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including E-Transcript, Condensed Transcripts,
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VOORHEES, NJ 08043
PHONE: 856-784-7909
FAX: 856-309-1405
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www.gerrowreporting.com
Credit Cards Accepted
GUESS WHO ?? ?
Can you guess the rider of the horse in this photo taken
back on August 31, 1957 during the Korean War?
Correctly guess the name of the individual pictured on the
horse in the above photo and you could win a $1,000 donation in your name to the Foundation’s Raising the Bar campaign! Guess the name of the horse correctly and you’ll win
another $1,000 donation in your name to the campaign.
Make your submission via email at [email protected]
by March 31. We’ll give you a hint – it is one of our members.
BCBA BOWLING NIGHT 2013
The annual BCBA Bowling Night on February 22, 2013 was
another huge success! Nearly 40 members and kids came out
to Laurel Lanes in Maple Shade for a fun night of bowling,
pizza, pins and pop. Appearances were also made by two of
our esteemed judges – Assignment Judge Ronald Bookbinder
stopped by for a visit and Judge Patricia Richmond bowled a
couple of games! As the pictures show, a great time was had
by all!
RED FLAGS FOR SPECIAL NEEDS TRUSTS
BY: THOMAS D. BEGLEY, JR., ESQUIRE, CELA
In May of 2012 the Social Security
Administration (“SSA”) changed the
POMS with respect to reimbursement to
family members for expenses incurred in
visiting a beneficiary of a first-party special needs trust. At about the same time
SSI recipients began receiving notices that their benefits
were being terminated, because their trusts provided for
payments to family members as caregivers. Other SSI
recipients received termination notices, because their trusts
provided that family members could be reimbursed for
expenses incurred in taking a vacation with the trust beneficiary. Still other SSI recipients received notices of termination based on the fact that parents or other family members were reimbursed for expenses incurred by the parent
on behalf of the beneficiary for legitimate expenses.
Finally, SSA announced, at a conference in October, that
funds in a special needs trust could not be used to reimburse
Social Security for previous overpayment of benefits.
trained.” In conversations with the author, the Regional
Support Team for SSA stated, “We do not pay family members for rendering necessary care unless they are skilled
healthcare-trained professionals. They would need to be
licensed or qualified appropriately.” With respect to the
issue as to what constitutes an acceptable level of training,
the author was advised, “For now we are accepting that the
parent would be educated to the same level of care as what
would be required if an outside individual was hired.” If a
child requires skilled RN-level of care (feeding tube, vent)
and the mother has been caring for the child for 15 years,
the question is whether this would constitute adequate
training. The answer was “no.” In this instance, someone
else should be hired to provide the care. SSA stated, “For
other levels of care, there are Medicaid-certified courses
that are 40 hours. This is reasonable.” At least some
Regions have taken the position that a self-settled special
needs trust cannot pay for the parent to receive the necessary medical training.
Let’s discuss these issues individually:
Vacation. Historically, SSA has permitted distributions from a self-settled special needs trust to reimburse
parents for the expense of one adult to accompany a trust
beneficiary on a vacation, if the trust beneficiary is unable
to travel alone. Recently, SSA has taken the position that
the trust can only pay for a skilled healthcare-trained professional if a travel companion for the beneficiary is necessary.
T HE S TRAIGHT WORD - M ARCH 2013 PAGE 9
Reimbursement for Family Travel to Visit
Beneficiaries. On May 21, 2012, SSA amended the POMS
to prohibit a self-settled special needs trust from paying for
travel for family members to visit a beneficiary. SSA concluded that payment for such travel violated the “sole benefit of” rule. In conversation with members of the Regional
Support Team for the SSA, the author was informed that the
Baltimore Office of Social Security informed the Regions
that, “Immediate family members who are authorized reasonable out-of-pocket travel and lodging expenses for visits
to the beneficiary at his place of residence would violate the
sole benefit of rule. While we pay for travel expenses for
the beneficiary to visit or travel, such payment does not
extend to paying for family to visit or travel. We would,
however, pay for someone who is a skilled healthcaretrained professional, if a travel companion for beneficiary is
necessary.”
Family Caregiver. At about the same time SSA took
the position that it is a violation of the sole benefit of rule
for a first-party special needs trust to pay a family member
as caregiver, unless the family member is “medically-
Reimbursement. SSA has recently taken the position
that if a trustee reimburses a third party, such as a parent or
other family member, for expenses incurred on behalf of a
disabled trust beneficiary, then such reimbursement constitutes unearned income to the trust beneficiary. This has the
effect of reducing or eliminating the beneficiary’s SSI payment. The solution to this problem is to obtain a credit card
for the family member. Charge the items on the credit card,
but rather than have the family member pay the credit card
and be reimbursed by the trustee, have the trustee pay the
credit card company directly.
Overpayments. In a bizarre interpretation, SSA has
taken the position that a special needs trust cannot be used
Continued on Page 12
NEW JERSEY SUPREME COURT OPENS THE ATTORNEY
ONLINE REGISTRATION AND PAYMENT CENTER FOR
2013
The Attorney Online Registration and Payment Center is now
open, and attorneys are encouraged to register and pay any
required fees by April 26, 2013. An electronic notice about the
online system has been sent to each attorney who previously registered on-line. In addition, a User ID and temporary password
has been mailed to each attorney who has never used the online
system to facilitate a transition to the online process.
To complete your registration and pay online, go to
www.njcourts.com/attyreg, click on “Attorney Online
Registration and Payment Center” and follow the on-screen directions.
Pursuant to Rules 1:20-1(b) and (c), 1:28-2(a), 1:28B-1(e),
and1:42-2(b), attorneys licensed to practice in New Jersey are
annually required to pay an assessment and file a registration
statement in a form prescribed by the Administrative Director
with approval of the Supreme Court. The New Jersey Lawyers'
Fund for Client Protection ("Fund") collects the assessment; the
money collected supports the Fund, the disciplinary process, the
Lawyers Assistance Program and the Board on Continuing Legal
Education (BCLE). If you did not receive your log-in information
or if you have questions concerning registration and billing,
please contact the Fund at (609) 292-8079 or
[email protected].
In addition to the annual registration requirement, attorneys maintaining a plenary or limited license to practice law in New Jersey
must participate in a program of continuing legal education
(CLE) in accordance with Rule 1:42. Beginning with the 2013
attorney registration, a noncompliance fee of $50 will be assessed
against attorneys who report that they did not complete the
required courses by the deadline for course completion. An additional $50 (for a total of $100) will be assessed against attorneys
who fail to complete their CLE courses within the grace period
given pursuant to BCLE Reg. 402:1 and against attorneys who
fail to report regarding compliance at all.
The Court approved amendments to the CLE regulations, including those related to alternative verifiable learning formats and
reciprocity. In addition, certain fees were changed. Please review
the Board on Continuing Legal Education’s regulations at
http://www.judiciary.state.nj.us/cle/index.htm. If you have questions concerning CLE, please contact staff to the BCLE at [email protected] or 609-633- 9733.
/s/ Glenn A. Grant
Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Dated: February 6, 2013
DID YOU KNOW?
Did you know that the Bar Association has several ongoing
community outreach programs?
They include:
- Our Domestic Violence Clinic, where we work together with
Providence House to provide legal services to victims of domestic violence including but not limited to divorce, child custody
and support issues
- Our Speaker’s Bureau, a free public service to schools, churches, retirement homes, and other civic organizations.
Organizations can make a request for an attorney to come speak
on a variety of topics. The BCBA recently coordinated with the
Burlington County Court to respond to requests for both attorney
and judge speakers.
- Our Informational Clinics and Seminars, held by member volunteers at local libraries and churches on matters as diverse as
bankruptcy, foreclosure, family law, and expungements.
- Law Day, held annually around May 1, where the Bar
Association, in conjunction with the Burlington County Court
and IOLTA, makes presentations to local schools, sponsors art
and essay contests for students, courthouse tours, panel discussions and “juror for a day” experiences for the public.
- Constitution Week, held in September, where members of our
association, together with federal judges, make presentations to
local schools explaining matters of constitutional law.
- We are also working on informational brochures on common
probate and real estate issues, which will be available to the public at the Courthouse in displays located in common areas.
For more information on any of these outreach programs, or to
participate in them, please contact the Bar Association or Reema
Scaramella, our Public Relations Committee Chair. There is a
place for you!
PRIME OFFICE SPACE
Office space, Route 70 Cherry Hill, 800+ sq ft, private offices,
secretarial areas, electric heat and air conditioning included.
On site parking.
856-424-7800
A-1 COURIER SERVICE
24 HOURS ~ 7 DAYS ~ SAME DAY DELIVERY
Process Service Available
Now Offering document destruction/paper shredding
WWW.A1SJ.COM
856-424-8393
NOTICE TO THE BAR
PER DIEM & DIVORCE MEDIATION
JENNIFER C. APELL, ESQ., LL.M
Divorce Mediation - private and court appointed Per Diem includes: Motions, briefs,
research, appearances, Family law, estates, wills, civil litigation, real estate, probate
Former law clerk to Superior Court Judge
Please call (856) 906-0172 & leave message
AFFORDABLE APPEALS
DAVID C. EPLER, ESQUIRE
HIGH RIDGE MEDIATION CENTER
856-627-3200
Law Offices of Vincent J. Gaughan
Welcomes Referrals of Appeals
Family/Criminal/Civil
Domestic Violence FRO Appeals from $1,500+
Municipal Court Appeals from $750
(609) 702-0140 Fax: (609) 702-5860
[email protected]
PROVIDING FAMILY
MEDIATION SERVICES
John A
A.. Sweeney,
Sweeney, A
A.J.S.C.
.J.S.C. (ret.)
(ret.)
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Government & Corporate Monitorships
200 E. Eighth Street
Florence, NJ 08518
Mediation &
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Cell: 609.864.1437 | Fax: 609.499.2894
email: [email protected]
Alternative Dispute
Resolution
Approved mediators by the Superior Court of the
State of New Jersey for the statewide Mediation Program
for Civil, General Equity, Matrimonial and Probate matters.
•
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Custody/Parenting Time Agreements
Memoranda of Understanding
Property Settlement Agreements
Pre-Nuptial & Cohabitation Agreements
ALSO AVAILABLE TO ACT
AS REVIEW ATTORNEY
PROFESSIONAL OFFICE SPACE AVAILABLE
BLASON PLAZA
505 S. LENOLA ROAD • MOORESTOWN, NJ
CONTACT - JOHN RAVIKIO
856-235-2290
PATENT & TRADEMARK SEARCHES
With free legal opinion from in-house counsel
Legal & Patent Search®
1-800-INVENTOR®/Fax: 609-883-3322
or visit our web site
www.1800inventor.com
Law Office of
Vincent J. Gaughan, Esquire
Robert L. Newman, Esq.*
Jeffrey A. Weiner, Esq.
Accepting DYFS Title 9 and 30 Cases
24 Washington St., Suite 201
Mt. Holly, NJ 08060
(609) 702-0140 / Fax (856) 702-5860
*Named Top Commercial Attorney by SJ Magazine (2010-2012)
856.874.4443
www.Stark-Stark.com
Princeton Philadelphia Marlton New York Yardley
401 Route 73 North, Suite 130, Marlton, NJ 08053
MOORESTOWN
OFFICE SPACE
One room to 2000
square feet.
Call Jim Wilson:
856-235-1278
BY: MELANIE LEVAN, ESQ.
The Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq., provides
the legal authority for a municipality
to govern the use of land within its
borders. If a property owner is unhappy with a municipal land use action,
the owner can appeal the action. If the
appeal is from a decision of a governing body, like a zoning board or planning board, under R. 4:69-6, the
appeal takes the form of a Complaint
in Lieu of Prerogative Writ, filed in the Law Division no later
than forty-five days from the date of publication of the board’s
decision. If the appeal is from the decision of a municipal administrative officer, like a zoning officer or building inspector, under
N.J.S.A. 40:55D-72(a), the appeal is filed with the municipal
governing body, and must be filed within twenty days of the
administrative action. The purpose of a twenty day administrative
appeal is to make a factual record, capable of judicial review. It
is only after the governing body decides the administrative appeal
that the matter can then be brought to the Superior Court through
an action in Lieu of Prerogative Writ.
Easy, right? You have twenty days to appeal an administrative
decision to the governing body; you have forty-five days to
appeal a governing body’s decision to the Superior Court. Well,
not always. There is an exception to the twenty day rule for
administrative appeals that lets you bypass the administrative
appeal entirely and jump straight to Superior Court. If the
grounds for the appeal of the administrative action are that the
administrator incorrectly interpreted the law, this “purely legal”
question can be presented in a Complaint in Lieu of Prerogative
Writ, subject to the forty-five day limitation. Because these types
of claims do not involve findings of fact, the Superior Court is the
appropriate forum for resolution.
Many land use matters do not fall so neatly into “purely legal”
challenges and “purely fact” challenges. It is often that a zoning
officer’s decision may be challenged as both an incorrect application of an ordinance to the facts (a “legal issue”) and a correct
application of an ordinance to incorrect facts (“a fact issue”). The
interplay between legal issues and fact issues was recently discussed in the unpublished Appellate Division decision Bisceglie
v. Oz, Docket No. A-3484-11T3 (January 14, 2013).
Plaintiff Angelo R. Bisceglie, Jr. and Defendant Mehmet Oz and
his wife Lisa (yes, that Dr. Oz) are neighbors in Cliffside Park.
Both properties have views of the Hudson River and Manhattan
skyline. As part of a backyard renovation, in August 2010, Dr. Oz
submitted landscaping plans to the municipal engineer for
approval. That same day, Dr. Oz hand delivered the plans to Mr.
Bisceglie, putting Mr. Bisceglie on notice that the Ozs intended to
plant cedar trees along their adjoining property line, potentially
blocking Mr. Bisceglie’s view of the Hudson River and New York
City skyline. Dr. Oz planted the trees on October 28th. On
November 16th, Mr. Bisceglie filed an action in lieu of prerogative writ, claiming that the cedar trees were an illegal “fence”
within the meaning of the municipal zoning code. The action was
dismissed in the Law Division for failure to exhaust administrative remedies.
Mr. Bisceglie appealed, arguing that the basis of his claim was a
pure legal issue, requiring the Court’s legal interpretation of a
zoning ordinance. The Appellate Division disagreed, noting that
the “question presented involves interpretation of factual issues as
applied to a legal determination. It is not simply whether ‘trees’
fall within the legal definition of a ‘fence’ under the ordinance.”
The court noted that a party could not bypass the 20 day time
restraint by “cloaking” the appeal as an interpretation of law.
Because it was impossible to decide the issue without a developed
factual record and written explanations from municipal officials
as to their prior application of the fence ordinance, the Appellate
Court determined that Mr. Bisceglie’s appeal was closer to a
question of fact than a question of law, and therefore the appellant
should have taken an appeal of the engineer’s approval of the
landscaping plan to the Zoning Board within twenty days of the
action. Because Mr. Bisceglie had actual notice of the landscaping plans in August 2010, he needed to have filed an administrative appeal in September, 2010. His failure to do so was fatal to
his appeal.
This decision confirms that it isn’t so easy to get around the twenty day time limitation to appeal a municipal administrative decision. If you need a factual record to make your case, then chances
are good you will have to exhaust your administrative remedies
before filing in Superior Court. If there is doubt as to whether
your appeal is factual or legal in nature, or if it is a mix of the two,
err on the side of administrative appeals, and be sure to get your
appeal in before the clock strikes twenty, or you may find yourself without a case.
RED FLAGS FOR SPECIAL
NEEDS TRUSTS
CON’T FROM PAGE 9
to reimburse Social Security for overpayments made to the
trust beneficiary.
Fortunately, a national advocacy group is having a series of
meetings with the central office and all of these positions
are under review. In the meantime, practitioners should be
careful in drafting trust documents and in administering
trusts.
WATCH THAT CLOCK:
POTENTIAL ROADBLOCKS TO CHALLENGING A MUNICIPAL ACTION
Classified
HELPING ATTORNEYS –
professionally & personally
PAULA SUSAN, MSW, LCSW
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Masters in Social Work & Psychology
See www.paulasusan.com
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James F. Hansen
American Investigative Services
Private Investigator
Process Server
110 Threadleaf Terrace
Burlington, New Jersey 08016
609-747-8234 Fax 609-747-8235
E-Mail: [email protected]
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Marlton,
Mt. Holly, Northfield & Vineland
EXPERIENCED LEGAL
SECRETARY/PARALEGAL
Haddonfield Law Firm seeks a part-time Legal
Secretary/Paralegal with at least 5 years legal experience.
Exceptional clerical and organizational skills required.
Candidates should have experience with NJ Court filing procedures and E-filing. Bankruptcy experience preferred, but
not necessary to apply. Email resume and cover letter to
[email protected] or fax to 856-795-6578.
RICHWALL APPRAISALS
Jeffrey D. Richwall, SRA Member of the Appraisal Institute
Tax Appeals - Matrimonial - Estates
28 Years of accurate, defendable residential appraisals
(856) 396-0000 / [email protected]
www.richwallappraisals.com
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The Straight Word
137 High Street, 3rd Floor
Mount Holly, New Jersey 08060
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IN S TA LLAT ION DI NN ER DAN CE
A Family Affair!
The annual Installation of Officers dinner will take place on
Friday, June 7, 2013 at Laurel Creek Country Club, 701
Centerton Road, in Mount Laurel. Guests will nibble passed
hot and cold hors d’oeuvres while enjoying cocktails on the
beautiful covered deck overlooking the golf course, followed
by dinner and dancing to the sounds of The Way Downstairs.
Katherine D. Hartman will be installed as the 82nd president
of the Burlington County Bar Association and Deirdre K.
Hartman will be installed as president of the Burlington
County Bar Foundation. Look for additional information in
an upcoming issue of The Straight Word. This event is not to
be missed!
S O U TH J ERS EY P AR ALE GA L
AS S O CIAT IO N ED UCA TIO N
SYMPO SIUM
The South Jersey Paralegal Association is hosting their annual Paralegal Educational Symposium on March 22, 2013, at
The Enterprise Center at Burlington County College in
Mount Laurel, New Jersey.
Last year the symposium provided continuing education to
over 130 paralegals from all over South Jersey and surrounding areas. The South Jersey Paralegal Association is inviting
legal professionals and students, as well as anyone interested
in legal studies to come out to this year’s event. What better
way to network with fellow paralegals, legal vendors and
educators? This program is designed to cater to all levels of
experience. The cost is $65 per person, which includes
dynamic seminars with Continuing Legal Education credits
for New Jersey certified paralegals, breakfast, lunch, and
prizes!
More information is available at www.sjpaparalegals.org,
or by contacting Dawn Moskalow at
[email protected] (856) 354-3097 or Rebecca
Reedy at [email protected].