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New Jersey Supreme Court Issues Statement Addressing Judicial Vacancies, Backlogs

Newark, N.J. (February 10, 2023) - New Jersey Supreme Court Chief Justice Stuart Rabner recently issued a statement indicating that due to “the current high number of judicial vacancies, trials in the Civil Division and matrimonial trials will not be conducted in [Vicinage 13 or Vicinage 15], beginning Feb. 21, 2023, except for very limited circumstances.”

Describing the rationale for the edict, the statement notes that the 69 vacancies in the trial courts impose “heightened responsibilities on sitting judges who handle thousands of proceedings and motions each month.” It also explains that the effects of the COVID-19 crisis and the sustained number of judicial vacancies over the last three years has led to delays and “substantial increases in backlog.”

Explaining that “circumstances today are particularly challenging” in Vicinage 13 (Hunterdon, Somerset, and Warren counties) and in Vicinage 15 (Cumberland, Gloucester, and Salem counties), the statement provides, “[w]ithout additional relief, we may well face the same situation in other vicinages in the near future.” It also calls on the state's executive and legislative branches to address the “vacancy crisis.”

Analysis

The Chief Justice’s edict admirably seeks to address backlogs that affect two relatively small vicinages. The fact remains, however, that judicial vacancies as well as the backlog of landlord tenancy and criminal matters has had a similar – if not greater – effect on the larger urban and urban/suburban vicinages. Although these vicinages may have more trial judges available, the significantly higher number of backlogged matters in these counties more than offsets the increased number of jurists available to try the cases.

To be sure, in November 2022, the largest vicinage in New Jersey put a hold on civil jury trials until at least April 2023. Although no formal edict was issued with respect to that vicinage, this development demonstrates the widespread nature of judicial vacancies and backlogs. As such, it is important for the New Jersey Supreme Court to acknowledge and address the challenges that impact all vicinages statewide.

Read Chief Justice Rabner’s full statement here. For more information on this development, contact the authors of this alert. Visit our Newark office page for additional news and alerts on issues impacting New Jersey litigation.

Authors:

Afsha Noran, Partner

Colin P. Hackett, Managing Partner - Newark, NJ

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