Ocean Side Bar - Fall 2012 - Ocean County Bar Association
Transcription
Ocean Side Bar - Fall 2012 - Ocean County Bar Association
Newsletter Date FALL ISSUE - 2012 Inside This Issue … Ducey's Dispatch Hurricane Sandy has left an indelible mark upon all of us. On a , IIImany of the iconic images of our lives have been destroyed large scale from parts of LBI, to the Funtown Pier, to the Casino Pier and the Jet Star that now sits in the Atlantic, to Joey Harrison's Surf Club, the Lavallette boardwalk, the Point Pleasant Boardwalk, Gee Gees, Leggetts and the Belmar boardwalk. Between the iconic landmarks many, many homes, businesses and properties have been destroyed. It will take time to rebuild the Caption describing Shore to the greatness it once had. New Members Page 2 What’s New Page 2 Family Law Report Page 3 Tax Topics Page 3 State Bar Report Page 4 Sandy Volunteer Page 5 picture or graphic. McGillicuddy On a smaller scale it is time now to take care of our own for awhile. Many Ocean County attorneys have lost their cars, homes, possessions and offices, files furniture and equipment. Many have lost all of these things. I would ask that any person that was impacted by the storm to please contact Karin at 732-240-3666 or Renee White at [email protected] that others attorneys who were not impacted as badly can assist. Many attorneys have contacted me about helping and donating but we need to hear from those who need the help. For example I have an all-in-one printer, copier fax looking for a new home. On a bit larger scale we are asking for our members to volunteer some of their time in order to assist judicial staff members. Some areas of need are general legal information regarding homeowners’ insurance claims, auto insurance claims, FEMA appeals, and landlord tenant matters. If you are able to volunteer please contact Claire Calinda at [email protected]. On a much larger scale, the Young Lawyers Division led by Jamie Schron is leading an effort to help out the public at large. Please contact Jamie at [email protected] for more information on how to help. If we all combine in the relief efforts we as members of the Ocean County community can make the rebuilding of our beloved County an easier and much shorter process. JOHN G. DUCEY, ESQ. Page 8 Drug Court Page 9 Judicial Clerks Page 10 Admission Ceremony Page 19 Golf Outing Page 19 Per Diem/Cassified Page 21 Inside Ocean Side2Bar Official Publication2of the Inside Ocean County Bar Association 2 Inside Ocean County Court House P.O. Box 3813 Inside Toms River, NJ 08754 Inside 4 Director—Karin Poola 5 Inside (732) 240-3666 6 Inside- John G. Ducey President (732) 286-2170 President : John G. Ducey First Vice President: Laura M. Halm Second Vice President: Maryanne Calvetto Treasurer: Eugenia M. Lynch Secretary: Richard M. Sevrin Trustees : Ronald E. Prusek Terrance L. Turnbach Daniel D. Olszak, Jr. Lynne A. Dunn Renee T. White Stacie Brustman Marianna Pontoriero Matthew Sage Christine L. Matus Adam J. Steuerman Young Lawyer Liaison: Jamie L. Schron State Bar Trustee: Richard M. Sevrin Immediate Past President: Arthur F. Leyden, III On December 10, 2012 Valter Must joined the firm of Carluccio, Leone, Dimon, Doyle & Sacks as a partner. Valter’s practice will focus on commercial litigation. Adam M. Carmen has joined the law offices of Carluccio, Leone, Dimon, Doyle and Sacks where he will focus his practice on general litigation. As of January 1, 2013 William D. Wright will be opening his own practice to be located at 566 E. Bay Avenue - Suite 1, Manahawkin. New contact info is as follows: Phone - 609-759-2500 Fax - 609-479-2777 Email - [email protected]. 2 Lisa A. Adams, Esq. Robert A. Coogan, Esq. Thomas DeNoia, Esq. with DeNoia & Tambasco Kathleen Peterson, Esq. with Ocean Monmouth Legal Services Louis M. Ragone, Esq. with Atkinson & DeBartolo Christina A. Rallo, Esq. Carol Willner, Esq. Retirement seems to be with word of the hour, at least in our family law community. On behalf of the Family Law Committee I wish Judy Holmes, ESP Coordinator; Brendon Toner, Family Division Manager; and Judge Ronald E. Hoffman all a long, happy and healthy retirement. The Family Law bench and bar gave Judy Holmes a well-deserved send off on December 4th at the La Bove Grande. With over 125 people in attendance, including attorneys, Judges, Retired Judges and staff members, Judy was deservedly thanked for her 25+ years of service in working with just about everyone who has ever practiced family law in Ocean County during that time. It is hard to believe she is the only person in OCN to have held the position of ESP Coordinator. As of the writing of this report a retirement gathering is planned for Brendon Toner on January 3, 2013 at Crystal Point. Last but not least, the Family Bench will have one vacancy next year following the anticipated retirement of Judge Ronald Hoffman. Details on Judge Hoffman’s retirement gathering will be forthcoming. With the upcoming turnover in these positions and a vacancy on the Family Part bench I urge all counsel to have patience with the new staff members who will fill these positions and with the juggling of the Family Part calendars amongst the other Family Part judges. It is not an understatement to say that Hurricane Sandy impacted each and every one of us in some way. The generosity of the bar in helping those, whose offices were, literally, destroyed, has been heartwarming and inspiring. Who said lawyers were adversaries? Because of the widespread and long term impacts of the storm the Family Law Committee is planning a seminar for early 2013 which will discuss several topics relevant to how the storm has impacted our practice and cases. Look for details to follow. On December 5, 2012 Ocean County conducted a new attorney swearing in ceremony in Historic Courtroom #1 for all those who passed the Bar. With the Courtroom filled with family and friends Assignment Judge Vincent J. Grasso administered the New jersey Oath. Judge Ronald Hoffman administered the Federal Oath. Ocean County Bar President John Ducey, State Bar Trustee Richard Sevrin and Young Lawyer Liaison Jaime Schron spoke on behalf of the Bar Association. Best wishes to the newest members of the Bar: Nicole Babnick, Steven Cohen, Joseph Coronato, Jr., Elizabeth Dobson, Teresa Finnegan, Tiana Gimbrone, Claudia Joy Hage, Julie E. Heller, Marissa Hirsch, Louis Husney, Kate Judd, Crystal L. Kelly, Marguerite Kneisser, Jeremy M. Lackey, Shmuel Levin, Elizabeth Melamed, Anthony Morgano, Phillip Pinto, Arun Ponnambalam, Evan Richards, Danielle Rosiejka, Janet Y. Schulze, Lauren Steins, Miriam Wolfe, David C. Wright. I hope that the New Year finds you all healthy and looking forward to a prosperous 2013. Jill L. Thiemann, Esq. Chair, Family Law Committee 3 The State Bar Association is responding to the dramatic turn of events that occurred as a result of Hurricane Sandy last month. As we know, and has been acknowledged by the Bar Association, the destruction to homes and businesses over the State have caused damages that have never been seen at the Jersey Shore. The State Bar Association has adopted a plan for attorneys to assist self-represented litigants to reconstruct their damages and losses as a result of this emergency. As stated by our Bar President, Kevin McCann, Hurricane Sandy, “left an incalculable trail of destruction, devastation, heartbreak and we know many of you are still struggling”. The State Bar is ready and has adopted a plan to help those suffering from this disaster and tragedy. Websites have been created to assist those in need for emergency services by visiting www.njsba.com or www.njicle.com. These sites will be updated with the latest information from Federal, State, and local authorities. The websites will be updated with association details and New Jersey Institute for Continuing Legal Education programs will be reinstated that have been postponed. There is a New Jersey Lawyers Assistances program available for law students, Judges, lawyers, and legal professionals who require help. That hotline is 800-24-NJLAP. The Bar Association is also using social media to connect with attorneys and those needing assistance on twitter, face book, community networks are being used and will assist with volunteers. As an update from the New Jersey State Bar Association there are assistance programs presently ready and available to help those who are in need. There is a toll free legal hotline for victims facing issues due to the Hurricane Sandy, which can be seen on the State Bar Association websites. Residents who cannot afford to pay an attorney can call the hotline, which is available now, to request free legal assistance at (888) 541-1900. Consistent with the New Jersey State Bar Association’s obligation, and goal to assist those in need created by Hurricane Sandy, a program has been arranged to have lawyers contribute their time 4 to provide advice and assistances to those who are suffering greatly. The program, which has been implemented with the assistance of Sharon Balsamo at the State Bar Law Center, provides that the volunteers take calls. These lawyers would take calls at their offices without having to spend time at the Law Center which was previously proposed. The referrals of individuals seeking guidance and/or advise can contact attorneys who devote free time to the program such as land-lord tenant manners. There will be a webinar scheduled for the purpose of educating attorneys who desire to provide their assistances. Attorney’s will be called and advised about an intake information sheet received by the New Jersey State Bar Association. The calls will primarily involve landlord tenant matters, insurance, FEMA assistances, and appeals and property issues. Attorneys will have the opportunity to accept or decline the referral for any reason. n speaking with callers attorney’s are expected to provide general advise and guidance in answering questions to point them in the right direction and guiding them through the issues they are facing. If individuals require to have long-term representation they can be referred back to the program or lawyer referral service information and obtain advise as to hiring private counsel to represent their interests. Referring them to a county lawyer first, referral services, legal services if appropriate or other attorney providers. Callers are advised at the outset to limit of the programs by the Bar Association staff. If attorneys are willing to volunteer, please contact Sharon Balsamo at [email protected]. This is a program in need of attorneys with knowledge of the topics that are within their practice. There is a form on the New Jersey Bar Association website which will allow volunteers to provide their assistance. (A copy of the form can be found on page 5 for your convenience). Should you have any questions, please do not hesitate to contact me. RICHARD SEVRIN State Bar Trustee 5 6 1. We are Ocean County Lawyers since 1970. Our attorneys have been members, officers and supporters of the Ocean County Bar Association for forty years. 7 I am writing this missive in response to the huge 1 number of inquires received at 44 Princeton Avenue asking “what happened to Cornblatt?” I was admitted to the Bar of New Jersey in 1962. Having finally grown out of my youthful ambitions it was, it seemed to me, appropriate to accept that it was time for me to “gear back”. I discussed this with Barbara Baggett, Esquire, a knowledgeable younger attorney. She suggested that I become “of counsel” to her law firm, which is located at 44 Princeton Avenue. What, you ask, does it mean to be “of counsel?” I’m still not sure. I think the basic role by which credit and blame are apportioned in such a relationship is this: if you are involved when something happens good, the person for whom you are “of counsel” takes credit. If, on the other hand, something bad happens, you get to take the blame yourself. Ms. Baggett and I have, over the years, had some interesting discussions. I remember some years ago our heated dialogue, relating to the law against fornication which was then in effect. Ms. Baggett, who is eminently practical, pointed out that: “The law which prohibits sexual intercourse between people not married to each other is quaint in an age when there are no longer enough forests to produce sufficient wood for all the stocks and pillories that would be needed to punish the sinners who have violated that law. 2 We had discussed over the years the apparent antipathy which we perceive in the popular press, toward the law, and lawyers in general. Ms. Baggett put this into context as follows: “As traditional sources of social norms – families, schools, churches – weaken, law seeps into the vacuum. As laws, regulations, rules, contracts, mediations, arbitrations and negotiations multiply, so do lawyers. Antipathy toward lawyers expresses resentment of the need to rely on people without whose arcane skills (and vocabularies) we frequently cannot function. Doctors, too, are like this, but most patients still feel that doctors generally are on their side and are providing something they need whereas lawyers seem increasingly parasitic.” “Distain for Congress is related to Congress’ reputation as a nest of lawyers displaying their profession’s skill at making work for itself. Modern government, indiscriminately meddlesome, -- invites, indeed incites – people to hire lawyers to bend public power for private advantage. Potential losers from this process defensively hire countervailing lawyers.” 3 ____________________________ 1 Okay, there were three telephone calls, one of which was a wrong number. 2 Quoting George F. Will, “The Leveling Wind.” 3 George F. Will, Op. Cite 8 Ultimately, I concluded that since I cannot win any argument with Ms. Baggett, I would be well advised, in my dotage, to align myself with her. I think the expression is, “if you can’t beat ‘em, then join ‘em”. So it is that we agreed to enter into a loose association of informal partnership. There is no question as to which of us is the partner in charge. Our arrangement is, however, circumscribed by certain restrictions which Ms. Baggett has insisted be a part of every agreement or relationship into which I enter with any person. This language, which she has interjected on the back of my business card, is as follows: “My senior law partner does not permit fee cutting, sympathy, compassion, pity or mercy of any kind.” Within these restrictions I function as “of counsel” to the Law Firm of Barbara Baggett, Esquire. Regards, Alan J. Cornblatt Ocean Vicinage Drug Court Held Graduation Ceremony and 10th Anniversary Celebration Ocean Vicinage held a drug court graduation ceremony and 10th anniversary celebration on Wednesday, Nov. 28 at 11 a.m. in the Mancini Room of the Ocean County Library, 101 Washington St., Toms River. Judge Joseph L. Foster will preside over the event. The program had 12 candidates who were eligible to graduate. Drug court is a highly specialized team process within the existing Superior Court structure that addresses nonviolent, drug-related cases. Drug courts are unique in the criminal justice environment because they build a close collaborative relationship between criminal justice and drug treatment professionals. Drug court targets offenders who, were it not for their substance abuse, might never have been involved with the court system. Drug court programs are rigorous, requiring completion of four phases during five years of intensive drug and alcohol treatment and testing, and a tightly structured regimen of treatment and recovery services. This level of supervision permits the program to support the recovery process, but also allows supervisors to react swiftly to impose appropriate therapeutic sanctions or to reinstate criminal proceedings when participants do not comply with the program. The graduates have met all the requirements of the program and have successfully completed their terms of probation supervision. The Ocean Vicinage Drug Court program serves 300 participants. Since its inception in 2002, the program has graduated 187 participants. 9 9 ! by Marguerite Kneisser, Esq. On Tuesday, December 4, 2012, the Ocean County Bar Association and the Judicial Law Clerks held their Annual Holiday Party for less fortunate children. Thanks to the ent husiasm, support, and g e ne r o s it y from Ocean County employees and attorneys, this is one holiday party the children are sure to remember. kids were thrilled to make cookies and ornaments with Santa. But that’s not all! After being stuffed full of pizza and sweets, the children were able to enjoy ice cream from an ice cream sundae bar while they waited patiently for Santa to hand out presents that were generously donated by local attorneys and judiciary employees. When it was time for presents, the kids came up one by one to take pictures on Santa’s lap and then excitedly unwrapped their gifts. Andrew Darcy, Law Clerk to Judge Peterson, who was in charge of taking pictures noted, “It was truly joyous to take the kids’ pictures on Santa’s lap because I was able to capture the kid’s utter excitement of receiving presents from Santa!” After the children unwrapped their gifts, magician Ken Northridge captivated and amazed the audience with the help of his dove and rabbit friends. The cafeteria was transformed into a winter wonderland filled with food, activities, and games. Upon entering, the children were directed to a pizza station graciously donated by Gilmore & Monahan, P.A. as well as a chicken tender/French fry station donated by George Kneisser and Danielle Rosiejka, and baked ziti donated by Coronato, Brady, & Kunz, P.C. Guests were also able to enjoy generous helpings of sweets and refreshments, including cookies, brownies, and cupcakes provided by judiciary employees and local businesses. Once the festivities were over and the cleanup began, the Law Clerks reflected on the success of the event. Julie Heller, Law Clerk to Judge Franklin said, “The holiday party was such a wonderful experience! It was so nice to be able to give back to members of the Ocean County Community through our work with the judiciary.” According to David Wright, Law Clerk to Judge Buczynski, said, “It was magical experience for all the children and everyone involved.” “We can all agree the night was truly a success!” With holiday music playing in the background, the children made their very own candy cane reindeer, ornaments for their holiday trees, decorated cookies and colored until their big surprise came. A very special thank you is extended to everyone who donated food, gifts and other items to make this year’s party a wonderful day, not only for the families that attended, but for all of those involved. The law clerks would especially like to recognize Karin Poola and the Ocean County Bar Association for all their assistance. Happy Holidays!! Finally, the time had come, Santa had arrived! One of Santa’s elves, Michael Stanzione, Law Clerk to Judge Hodgson, announced that a special guest had arrived. Santa Claus entered the room while “Santa Claus is Coming to Town” played over the speakers. As Santa walked in, the children turned and yelled, “IT’S SANTA! and one by one ran up to him to give him a big hug. As Jeremy Lackey, Law Clerk to Judge Millard, put it, “seeing the kids’ faces light up at the site of Santa was really amazing.” The joy emanating from them was undeniable. Santa spent time at each craft station, helping the kids make ornaments and decorate cookies. The 10 11 12 13 14 FOR MORE INFORMATION PLEASE VISIT OUR WEBSITE 15 The Ocean County Bar Association wishes to extend our appreciation to the following firms and companies for support the 2012 Annual Golf Outing which was held on September 20, 2012 at Woodlake Country Club. MAJOR SPONSORS Leyden, Capotorto & Ritacco Lomurro, Davison, Eastman & Munoz Novy & Associates Wells Fargo Private Bank PATRONS Benchmark Resolution Services, LLC La Bove Grande Stolfe, Zeigler & Legreide HOLE SPONSORS Amherst Financial Service Carluccio, Leone, Dimon, Doyle & Sacks Cowan, Gunteski & Co. Garden State Trust Co. Horn & Turnbach, LLC John Izdebski The Pontoriero Law Firm Surety Title - Coastal Region Trident Abstract University Title Insurance Agency, Inc. The Golf Committee is already planning the 2013 event. We’ll keep you all posted. 16 JAMES J. CURRY, JR., LL.M. Certified by Supreme Court of New Jersey As a Certified Civil Trial Attorney Member New Jersey and New York Bars Referral Fees Paid Personal Injury Litigation Medical Malpractice Ocean County Based Law Firm - Not a Branch Office Nurse Paralegal on Staff Certified in Elder Law, NYU, 2001 RECENT VERDICTS & SETTLEMENTS Bus/Travel Accident Driver has Seven Operations (Cash) Medical Malpractice: Surgical Mishap (Cash) New York State Supreme Court Motor Vehicle Accident - Two Week Trial Cerebral Injury/Diving Injury at Resident During Bible Study/Pool Party Gross Negligence vs. Charity (Structured Settlement) $2.7 M (2010) JAMES J. CURRY, JR., ESQ. 505 Main Street PO Box 1225 Toms River, NJ 08753 (732) 240-4200 E-Mail: [email protected] www.currylawfirm.net 17 12 $2.2 M (2009) $737,500 $9 M PER DIEM ATTORNEYS & CLASSIFIED BRONZINO, PETER J. (732) 202-7104, 44 Princeton Ave. Brick NJ 08724. Available for research, briefs and court appearances. Also accepting overflow referrals. Former law clerk to the Honorable Thomas E. O'Brien, P.J.Cv. GERSTENBLATT, JEFFREY H., - 545 E. Kennedy Blvd., Suite 17B, Lakewood, NJ 08701, (732) 901-4793. All court appearances including family, civil, criminal, chancery, special civil part and municipal court. Briefs, research, depositions, motions. OFFICE SPACE FOR SHARE/SALE Office Space - 44 Princeton Avenue, Brick has office space available. Excellent location. Reasonable and flexible leases. Congenial co-tenants. Conference rooms and kitchen facilities. Call A. Cornblatt, 732-8409595. IZZO, GINA-MARIE - (908) 415-9131, 30 Linden Place, Red Bank, NJ 07701. Available to criminal, family and municipal court appearance and motions. Former Brooklyn Assistant District Attorney. Accepting referrals. KELLY, THOMAS F. - (732) 946-9000. Assistance to you and your clients in complicated IRS cases, audits, collections, criminal matters. Formerly, District Counsel IRS. PURRAZZELLA, JOSEPH - (732) 3412222. Specializing in Social Security Disability Appeals. Member of the National Organization Claimant’s Representatives (NOSSCR). Accepting referrals. RYBAR, AGNES - (732)966-2836. Specializing in Family Law. Available for research, motions, briefs, court appearance and vacation coverage. Accepting referrals. SIMMONS, DANIEL - 121 Washington Street, Toms River, NJ (732) 349-0401. General Law; specialty in Municipal Court appeals and briefs. WIEDEKE, FREDERICK, JR. - 769 Route #9, Bayville, NJ (732) 269-3377. Research, Briefs, Motions and all types of Court appearances; Family Law; Civil Litigation. 18
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