MONMOUTH MEMORANDA Covering Bar Association Events

Court House - Freehold - NJ 07728 (732) 431-5544

www.monmouthbarassociation.com

December 2016 - January 2017 VOL. 35 NO.4-5

MONMOUTH BAR ASSOCIATION

ANNUAL FAMILY LAW DINNER

THURSDAY, JANUARY 19, 2017

Shadowbrook Restaurant

Shrewsbury, New Jersey

Open Bar & Hors d’oeuvres 5:30 P.M.

Dinner Buffet 6:30 P.M.

Open to members of the Bar and their staff

Cost $65.00 per person

(SEE ATTACHED INSERT FOR RESERVATIONS)

MUNICIPAL COURT SEMINAR

Friday, January 20, 2017

12:30 P.M. to 2:00 P.M.

Rear Jury Room

Freehold, New Jersey

Earn 1.5 credits!!!!

Members: $25.00

Non-Members: $50.00

Reservations required by email to:

tmaciewicz.monmouthbar@verizon.net.

SPORTS NIGHT

Our Annual Sports Night Program is now

being planned and, again this year, we are

asking those members who would like to

contribute to our raffle to please contact

Tracey at the Bar Office at 732-431-5544

or by email to:

tmaciewicz.monmouthbar@verizon.net.

Thank you.

Page 2

President’s Message Carol J. Truss, Esq.

First and foremost, to those of

you who just got around to pay-

ing your annual dues which were

due on June 1, 2016, THANK

YOU! Aside from not wasting

the time and resources of our Association on re-

peated billings, next June think about how you

feel when you have to bill a client for six months

before they pay your bill. It’s not fun, is it!

December means that the holidays are in full

swing and everyone is very busy trying to balance

family, friends, work and other obligations. Even

with all of these demands on our time, I am con-

sistently impressed by how much effort the mem-

bers of our Association devote to the betterment

of our profession through their volunteer efforts.

Our committees are meeting, many seminars

have been offered, and other noteworthy events

are in the works. I thank all of our members for

the time that they devote to keeping our Associa-

tion active and serving the needs of our members.

For those of you facing the CLE deadline at year

end, two great seminar opportunities recently

were offered. A seminar on criminal justice re-

form took place on November 30th at the Mon-

mouth County Prosecutor’s Office, presented

jointly by our Criminal Practice Committee and

the Monmouth Criminal Division. The Associa-

tion’s Super CLE Day was held on December 2nd

at the Court House. If you are still in need of

credits, the Association has a library of CLE vide-

os available for viewing at a nominal cost. Con-

tact Tracey or JoAnne at the office to make ar-

rangements.

By the time you are reading this issue of the Mon-

mouth Memoranda, we will have already enjoyed

yet another fabulous holiday show and dinner at

Branches on December 8, 2016. Many, many

thanks to Entertainment Committee Chairs JJ Uli-

ano and Doug Kovats and the entire Entertain-

ment Committee for a very enjoyable evening.

Thank you also to my law partner, Neal Herstik,

for once again playing the piano for this event.

On December 16, 2016, our Association will be

hosting the annual holiday party for Monmouth

County Head Start children. This event is held in

the Jury Assembly Room, coordinated by Tim

McGoughran, his family and many other volun-

teers who organize and conduct the festivities.

This year there will be two sessions, one com-

mencing at 11:00 a.m. and a second commencing

at 2:00 p.m. Please stop by to join the fun and

participate in this very worthwhile event.

I have recently had the pleasure of attending the

swearing in ceremonies of Judges Henry Bute-

horn, Vincent Falcetano, and Owen McCarthy. I

will have the honor of presenting the gavel to one

more new judge, Andrea Marshall, sometime in

January 2017. We are very lucky to have these

four new judges in our vicinage, all of whom are

eminently qualified to serve as members of the

judiciary. I welcome and congratulate them on

this great accomplishment.

On behalf of the officers and trustees of the Mon-

mouth Bar Association, our outstanding Executive

Director Tracey Settipane, and her superb Ad-

ministrative Assistant JoAnne Boyle, I extend our

best wishes for a happy and joyous holiday season

and a healthy and prosperous New Year.

“I never dreamed about success. I worked for it.”

Estee Lauder

Page 3

MBA NEWS & EVENTS

OFFICERS AND TRUSTEES

FOR THE 2016-2017 TERM

Officers:

President ............................................................................... Carol J. Truss

President-Elect ............................................................. Douglas J. Kovats

First Vice-President ........................................................... Brian E. Ansell

Second Vice-President .............................................. Joseph M. Casello

Treasurer .................................................................. Christine G. Hanlon

Secretary .................................................................... Lynn E. Staufenberg

___________________________________________________

Trustees:

Paul H. Frankel, In Perpetuum Matthew A. Cohen-2017

John F. DeBartolo, In Perpetuum William J. Connelly-2017

Erik Anderson-2019 Michael L. Detzky-2017

Richard P. Lomurro-2019 Craig S. Laughglin-2017

Steven E. Nelson-2019 Anthony V. Locascio-2017

Jonathan Goldsmith Cohen-2018 James M. Newman-2017

F. Bradford Batcha-2018 Ellen Torregrossa-O’Connor-2017

Loryn M. Lawson-2018

Patricia B. Adams-2017

M. Scott Tashjy-2017

James J. Uliano-2017

Bunce D. Atkinson-2017

Andrea I. Bazer-2017

Michael G. Celli, Jr.-2017

___________________________________________________

Immediate Past President Ronald T. Catelli

Executive Director Tracey A. Settipane

Administrative Assistant JoAnne M. Boyle

N.J. State Bar Association Timothy F. McGoughran, Trustee

THE MONMOUTH BAR

ASSOCIATION

NOMINATING COMMITTEE

Pursuant to the By-Laws of the Monmouth Bar Asso-

ciation, President Truss appointed the following to

serve on the Nominating Committee. The members

of the committee are:

Gregory S. Baxter

Matthew A. Cohen

William J. Connelly

Kerry E. Higgins

Richard P. Lomurro

Nicole L. Sonnenblick

The Monmouth Bar Association Nominating Com-

mittee has commenced its search for candidates for

Officers and Elected Trustees of the Association, as

well as Trustees to the Legal Aid Society.

In order to assist in this task, we ask that all those

interested in being considered for nomination, please

forward a resume and letter setting forth the posi-

tions for which you seek consideration addressed to

the Nominating Committee, c/o Monmouth Bar As-

sociation, Court House, Freehold, New Jersey

07728.

The vacancies to be considered by the Committee

are President-Elect, First and Second Vice-Presidents,

Treasurer, Secretary, and three Trustees for a three-

year term as well as twelve Trustee positions to the

Legal Aid Society.

We ask that all resumes and requests be forwarded

no later than February 1, 2017 to give us an oppor-

tunity to consider all applicants and comply with our

mandate of reporting prior to the March meeting of

the Association.

Ronald T. Catelli, Esq.

Chair, MBA Nominating Committee

Page 4

Monmouth Vicinage Update

We approach this holiday season with a sense of accomplishment for last year’s successes and thankful-

ness to the Bar for its support, along with anticipation of the exciting opportunities and challenges that

lie ahead in 2017. More than ever before, the strong collaboration between the bench and the Bar is critical to fulfilling our mission to provide equal access to a fair and effective system of justice for all.

The vicinage has made great strides in preparing for Criminal Justice Reform in 2017 with support from

your members and their participation in our kickoff seminar and planning meetings. We were also priv-

ileged to have Bar members participate in various vicinage outreach events such as the Hispanic/Latino

Leaders Panel Discussion, Law Day Miranda roundtable discussion, and other beneficial public outreach

activities.

We are pleased to welcome four new members to the Monmouth bench. Judge Henry P. Butehorn was sworn in on November 1 and is assigned to the family division. He served as a judicial law clerk to

Judge E. Benn Micheletti after graduating from Widener University and its school of law. From 1999

until his appointment to the bench, he was an associate and later a partner, at Ronan, Tuzzio & Gian-

none in Tinton Falls, where he focused on medical malpractice defense litigation.

A formal swearing in ceremony was held on November 18 for Judge Vincent N. Falcetano, Jr., who is

assigned to the criminal division. A graduate of Seton Hall School of Law, he began his legal career as an assistant prosecutor in the Essex County Prosecutor’s office. After relocating to Monmouth Coun-

ty, he worked at Drazin and Warshaw before starting his own firm with his longtime friend, Richard

DeConca in 2001.

Judge Andrea I. Marshall is no stranger to the MBA, having served as a trustee and Monmouth County

Counsel for many years. She served as judicial law clerk to Judge Yolanda Ciccone and Judge Steven

LeFelt, after graduating from Hofstra University School of Law and worked as an associate with

Wilentz, Goldman and Spitzer before starting her own firm. She is assigned to the family division.

Judge Owen McCarthy joins the civil division, after a career in public service and private practice. A

graduate of Seton Hall University Law School, he served as a judicial law clerk to Judge Peter Boggia.

He was a council member in both Fair Lawn and Manasquan and a partner at Connell Foley in Roseland

before joining the Monmouth bench.

The New Year will also bring exciting changes to our management staff. Kathleen Wardlow was named Civil Division Manager, effective November 28, and Michael Mazza was named Criminal Division Pretrial

Services Assistant Division Manager, effective September 6. On December 12, Carlos A. Gandulla be-

came Assistant Family Division Manager for the matrimonial and non-dissolution teams. On December

19 Biddle Medley will join our team as Operations Manager.

My thanks to the members of the MBA for their time, energy and support of our judges and staff. May

your holidays be warm and bright and may you enjoy a prosperous New Year.

Page 5

CALENDAR OF EVENTS AND SEMINARS

PLEASE DIARY

and

PLAN TO ATTEND

———————————————

January 19, 2017 - Annual Family Law Dinner,

Shadowbrook, Shrewsbury.

February 16, 2017 - MBA Sports Night, Branch-

es, West Long Branch.

March 30, 2017 - March Bar Dinner, Navesink

CC, Middletown.

April 20, 2017 - April Bar Dinner, Breakers,

Spring Lake.

May 11, 2017 - MBA Installation Dinner, Eagle

Oaks Country Club.

EARN YOUR CLE CREDITS

FROM THE

MONMOUTH BAR

—————————————

January 20, 2017 - Municipal Court Seminar,

Jury Assembly Room, Freehold.

February 17, 2017 - Copyright and Trademark

Seminar, Jury Assembly Room, Freehold.

March 2, 2017 - Family Law Seminar, American

Hotel, Red Bank.

March 23, 2017 - Civil Practice Seminar, Ameri-

can Hotel, Freehold.

April 20, 2017 - Real Estate Seminar, Breakers,

Spring Lake.

May 11, 2017 - Criminal Practice Seminar, Eagle

Oaks Country Club.

NOTICE TO THE BAR

SEMINAR APPROVAL FOR MCLE CREDITS

For those members attending Monmouth Bar Association semi-

nars, it is MANDATORY that you sign-in and complete the Certi-

fication and Evaluation form provided.

In order to receive a certificate of attendance at the seminar or

within thirty days of successful completion of a course, this is a

requirement.

Thank you for your cooperation.

NEED CREDITS??

The MBA has a library of video-based CLE programs

available.

Appointments can be made to view these at a nominal fee

during business hours by calling Tracey or JoAnne at

732-431-5544.

Below are the practices areas which our new courses

currently cover:

Trusts & Estates

Criminal Law

Employment Law

Family Law

Ethics & Professionalism

Law Office Management & Technology

CRIMINAL PRACTICE COMMITTEE NEWS Steven Nelson, Esq.,Co-Chair

Page 6

It’s time to stop complaining about it, criticizing it or questioning whether it is necessary. When we return from the week-long holiday recess, Criminal Justice Reform will be the law. I truly hope anyone who intends to step into a criminal courtroom after the first of the year defending an individual who has entrusted you to protect his/her fundamental rights and to defend him/her against a possi-ble loss of freedom has read the new laws, become familiar with the new rules and is ready to take on the challenge of a new criminal justice process. A pro-cess filled with many unanswered procedural questions. A process which will clearly take us into uncharted waters. Will changes be needed along the way? Of course. Will all facets of the process need to display patience, understanding and respect for each other? No doubt! Will it succeed? It must! Like it or not it is the law! Accept it, learn it and just do it! Rest assured that there is no Criminal Division in this State that has done more to prepare itself and all involved in the criminal justice system for CJR than our Criminal Division. There is no Prosecutor’s Office that is more prepared to deal with the drastic changes ahead or that has been more cooperative and proactive with the bench and the defense bar than the Monmouth County Prosecutor’s Office. There is no Presiding Criminal Judge that has been more cognizant of the impact the legislation will have on our judges or has been more diligent pre-paring the bench for what is coming than our Presiding Criminal Judge, Honora-ble David Bauman. And, I respectfully suggest there is no local Criminal Practice Committee that has made a greater effort to be a productive part of the transition or to educate a criminal bar than your Monmouth Criminal Practice Committee. We, the private defense bar, owe a tremendous amount of gratitude to Judge Thornton, Judge Bauman, Prosecutor Chris Gramiccioni, First Assistant Mark LeMieux and the Criminal Division Administrative Staff for including us as part of the transition team. Our inclusion is truly extraordinary and simply another exam-ple of the unique working relationship we have with our bench and administra-tion. A relationship for which, especially during the holiday season, we should be thankful and celebrate. On November 30, 2016 the MBA, CPC and Monmouth Criminal Division spon-sored a Criminal Justice Reform seminar before a standing-room only audience at the Monmouth County Prosecutor’s Office. By all accounts the program lived up to its advanced billing as a “must attend,” comprehensive and informative presentation on the upcoming Bail Reform and Speedy Trial Legislation. Special thanks to our Prosecutor, Christopher Gramiccioni for hosting the event. We must also recognize and thank the Honorable Anthony J. Mellaci, Jr., our former Presiding Criminal Judge for his continued involvement since retiring and for his presentation summarizing the new court rules and legislation. The program included a step-by-step explanation of the new bail procedure from the initial arrest through the warrant-summons complaint decision, the mandatory commitment to the county jail for defendants charged on a warrant, the public safety assessment and the release on conditions or prosecutor’s request for detention. Moderated by Judge Bauman, with interjecting explanations of local policies by First Assistant Prosecutor, Marc LeMieux, the panel, comprised of those individuals who will actually be involved in the process described each step of the process. Pretrial Services Director, Mike Mazza provided a Power Point presentation on the public safety assessment, explaining the risk scores and the levels and conditions of pretrial release. Kudos to Mike who was a late replace-ment for the position only a couple of months ago. He probably understands bail reform and the practical issues we face better than those proponents of the bill who apparently failed to seek the input from those “in the trenches” before push-ing the legislation through. Our Presiding Municipal Court Judge, James New-man and Municipal Division Director, John Tonelli explained the Municipal Court Judge’s role in examining the public safety assessment and making the release vs. detention decision at the first appearance which must be held within 48 hours of the arrest. Deputy First Assistant Prosecutor, Michael Wojciechowski and Director of Screening, Stacy Handler provided invaluable information on the initial

stages of the risk-based bail procedure shortly after arrest. Patrice Bearden, First

Deputy Public Defender spoke of her office’s significant role in the process. It

was an amazing presentation. Those who participated and our association should be very proud. The program was recorded. It can be viewed by anyone who unfortunately could not attend, or re-reviewed by those who did attend, by contacting Tracey at the MBA office. I truly urge all criminal practitioners to take the time over the next couple of weeks to watch the program. Grab a beer and some popcorn and enjoy the show. Judge Mellaci’s handouts as well as the “flow charts” of the process prepared by Judge Bauman are also available at the MBA office. Last month I wrote about the critical case resolution initiative which was an innovative proposal by Judge Bauman, and embraced by the Prosecutor, to clear as many pending cases as possible before the first of the year. Alt-hough initially intended to focus on incarcerated defendants, the initiative has expanded to include all pending cases. By all accounts it has been a major success. With Judge Scully drawing upon his many years of experience in criminal law conferencing cases selected for the initiative and participating in the plea discussions many of the cases on the trial list or which seemed to be at an impasse in negotiations have been resolved. The Trial Team prosecu-tors have been given approval to resolve pending cases with much more benevolent plea offers. I have drawn upon the objectives of CCR in my dis-cussions with Trial Team prosecutors and have been able to resolve more than a half dozen cases, some involving mandatory sentences, which other-wise may have dragged on for months. Needless to say, these resolutions resulted in significant benefits to my clients. By being proactive in resolving these cases, I feel I did my small part to assist towards a smooth transition into Criminal Justice Reform. Just imagine the significant benefit to the transi-tion if each of us took the initiative and were able to resolve one or two cases. I again urge the private bar to review their files and take advantage of this incredible opportunity. Doing so will not only serve the best interests of your clients but it will also be doing your part in preparing for Criminal Justice Re-form. Act now! CCR ends December 31, 2016. With so much focus on the upcoming procedural changes we may tend to lose sight or overlook significant changes in the substantive law. Two recent decisions by the New Jersey Supreme Court clarify or revise two exceptions to the search warrant requirement. In State v. Charles Bryant, Jr. decided on November 10, 2016 the unanimous court reversed the Appellate Division holding that the “protective sweep” exception to the warrant requirement could not be used, under the facts of that case, to justify the warrantless search and seizure of marijuana reportedly found in plain view during the “sweep.” The court held that the “protective sweep” conducted in that case was not justified because the police “lacked reasonable and articulable suspicion that another party was present.” In its opinion the court reaffirmed its recognition of the “sanctity of one’s home.” To justify a warrantless search under the “protective sweep” exception the State must prove that the law enforcement officers were (1) lawfully within the private premises for a legitimate purpose; and (2) “have a reasonable and articulable suspicion that the area to be swept harbors an individual posing a danger.” The court emphasized that such a suspicion must be “individualized, rather than generalized.” In Bryant the court held that the officers conducting the sweep had nothing more than a “subjective hunch.” The second case decided November 15, 2016, State v. Xiomara Gonzales eliminated one of the three requirements of the plain-view exception to the warrant requirement. In that case the police had information that the defend-ant was about to receive a package of heroin. Surveillance was conducted of the defendant’s car which revealed the car making two stops and the defend-ant’s co-defendant placing a package in the car’s backseat during one of the stops. The vehicle was stopped for speeding. The officer that approached the vehicle allegedly saw bricks of heroin in plain view on the floor. The trial court denied the Motion to Suppress relying on the plain view warrant excep-tion. The Appellate Division reversed holding that the motor vehicle stop was

CRIMINAL PRACTICE COMMITTEE NEWS Steven Nelson, Esq.,Co-Chair

Page 7

a pretext and the discovery of the heroin was not “inadvertent” which was a re-quirement for applying the plain view doctrine. The Supreme Court reversed the Appellate Division holding that the inadvertence element of the plain view excep-tion should be eliminated. Therefore, after Gonzales which establishes a new standard and is to be applied only prospectively, the plain view exception only requires that (1) the officer be lawfully in the area where he/she views the evi-dence and, (2) the officer immediately identifies the incriminating nature of the evidence. The elimination of the inadvertence requirement brings New Jersey law into conformance with the federal standard. On December 8th the last of the quartet of criminal judges retiring over the past 12 months stepped off the bench for the last time. The Honorable Ronald L. Reisner, J.S.C., a/k/a “Ronnie Rulebook” ended a distinguished judicial career, the last more than 8 of which were served on the criminal bench. During his years in the East Wing Judge Reisner displayed a unique ability to apply his comprehensive knowledge of the Court Rules and criminal law in a practical way. He displayed an ability to objectively assess the strengths and weaknesses of a case from both sides. He was never short on expressing his opinions once you got past his war stories about his days at the US Attorney’s Office or listening to his views on the actions of our political representatives. Truth be told, more times than not Judge Reisner’s opinions and assessments were on the mark. As a member of the Board of Trustees and one with a passion for our Associa-tion, I always encourage our members to get involved and participate in social events where we get the opportunity to interact with each other and with the bench in a more informal settings. It is no secret that I am a fisherman first and a golfer second. However, a few years ago I started playing “twilight golf” with some judges and other association members at Shark River on Monday eve-nings. Judge Reisner organizes the evenings. Many times, when he does not walk the course, I have ridden with Judge Reisner in the same golf cart (he drives of course). It was truly a pleasure to interact with a respected judge on a more personal level. He is a man who recognizes the innate qualities in people and appreciates sincere, yet often subtle, expressions of true friendship. Alt-hough I have never socialized with Judge Reisner outside a bar dinner or a round of golf, I consider him a friend. Personally, and on behalf of the Monmouth Bar Association I thank Judge Reisner for his dedicated, loyal and passionate service as a Superior Court Judge. We wish him only the best in whatever the future may hold. As reported last month, the Honorable Vincent Falcetano, J.S.C. will be assum-ing Judge Reisner’s calendar and attempt to fill the large void left in Courtroom 337 on the Third Floor of the East Wing of the Court House. We look forward to working with Judge Falcetano, a criminal judge with years of experience in the criminal field. I have had the privilege of attending two swearing-in ceremonies for our newest judges, the Honorable Henry Butehorn and the Honorable Vincent Falcetano. At the conclusion of each ceremony Judge Thornton repeated the words that Judge Lawson used to say to every judge he swore in to that prestigious position of authority. The message in Judge Lawson’s words is moving, sincere and intend-ed as a reminder not only to new judges but also those seasoned with experi-ence what it means to don the black robe. It is a message that is timeless. For similar reasons over the past few years, in my December column, I have included my humble thoughts in a holiday message about who we are as lawyers and as individuals. Here they are. With the final curtain of another year about to drop we look forward to what will undoubtedly be an interesting, challenging year of transition. We hopefully enter the new year with optimistic anticipation for the future and with a sincere recogni-tion and appreciation for how we each got to where we are, as an individual and as a lawyer. A reflection into the past can also remind us of how quickly time goes by. More importantly, it should remind us to appreciate our achievements, learn from our mistakes and remember those who contributed along the way. So much of our time is dedicated to helping others that we often ignore our own well being and

the immaterial needs of those close to us. In this holiday season and throughout the upcoming year it is important that we take care of ourselves and enjoy life to the fullest. Give the gift of love to the important people within your circle of life. Many of us would not be who we are or enjoy the “success” we have achieved without the love and support of those in the background of our private lives. True “success” is not measured by the amount of money in your bank account, the size of your house or the type of car that you drive. True “success” can only be achieved by working toward being the best you can be, professionally and in your personal life. Our “success” will survive us and leave others with something much more important than material things. Our “success” is best measured by the legacy we leave behind. We are part of a profession that provides us with the unique opportunity to help others though our knowledge, experience and legal skills. Rarely does one seek the services of an attorney for a happy occasion. It is important that we never lose sight of how important a client’s case is to him/her even though it may be only one of many in our file cabinet. Professional “success” is not achieved by maximizing the fee we can earn. It is, in our business, the inner feeling we get knowing we did our best to help someone who entrusted us with his/her legal troubles. It is taking on a worthwhile cause for which we may be compensated with nothing more than a sincere “thank you.” It is helping a less experienced lawyer to be a better lawyer without concern that he/she may eventually be competing for the same clientele. It is respecting our profession and honoring the Rules of Professional Conduct when no one else would ever know if you went astray. It is sitting down after summation knowing you were prepared, did your best, played by the rules and respect the eventual verdict which is beyond your control. This is the time of year to acknowledge, even if only to ourselves, those who have played instrumental roles in our personal and professional development. Some of those people indirectly influenced our careers by providing an exam-ple of the professionalism, integrity, civility and humility necessary to be a “successful” lawyer. Unfortunately they may not even be aware of the subtle, but invaluable contributions they have made to those of us who emulate them or of their contributions to the legal profession as a whole. On the other hand, most of us have someone, a judge, a partner in the firm of our first job or even a stranger witnessing a young lawyer in distress, who provided unforgettable advice and guidance that we may not have totally appreciated at the time but, decades later, realize how valuable it was. We now have the ability and responsibility to share the priceless gift those special people gave us with others. The joy realized from sharing this intangible wisdom is simply knowing that we have made a positive contribution to the “success” of the next generation of lawyers and to the future of our wonderful profession. In this holiday season and the upcoming year let us all do our best to give unto others as others have given to us. We all have those in our personal lives who we know we could not have achieved what we have without their unconditional love, unwavering support, countless sacrifices and compassionate understanding. It may have been a parent, a spouse or a significant other. For some, like me it was my children. There were games I missed and homework I couldn’t help with. They under-stood. I can only hope that the relationship I now enjoy with my kids as young adults is shared by many others who had to constantly balance professional responsibilities against family commitments and were able to do it. We could not have done it alone. It is important that those in our private lives know that we appreciate the inspiration and support they provided even if they didn’t realize it at the time. Personally and on behalf of Criminal Practice Committee I wish everyone a happy, healthy holiday season and “successful” New Year.

January 2017 — March 2017

Page 8

Continued on next page

MOTION CALENDAR January 2017 — March 2017

Page 9

Page 10

MBA UPDATES AND EVENTS

THE MONMOUTH BAR

ASSOCIATION

WOULD LIKE TO WISH

ALL MEMBERS AND THEIR

FAMILIES A SAFE

HOLIDAY SEASON AND

A HAPPY NEW YEAR.

MONMOUTH MOCK

TRIAL COMPETITION

The Monmouth Bar Association in conjunction with the State Bar Asso-

ciation annually sponsors a county-wide mock trial competition for high

school students. This program is part of a state-wide program in which

student teams from area high schools compete for state-wide honors

based upon the quality of advocacy. The program’s purpose is to ex-

pose area high school students to the justice process by affording them

the opportunity to participate as witnesses, jurors and attorneys in

realistic trial-type settings. Each high school team is assisted by an at-

torney advisor who helps the students in their preparation for the trial.

Attorneys who have participated in this program in the past have found

it to be extremely rewarding.

URGENT APPEAL!

COACHES AND JUDGES ARE NEEDED FOR

MONMOUTH COUNTY HIGH SCHOOL TEAMS FOR

THE ANNUAL VINCENT J. APRUZZESE

MOCK TRIAL COMPETITION

PLEASE CONTACT JONATHAN COHEN

AT 732-741-9500.

MONMOUTH COUNTY COMPETITIONS

WILL BEGIN IN JANUARY 2017

. HELP SEND A MONMOUTH COUNTY TEAM TO THE

STATE AND NATIONAL CHAMPIONSHIPS!!!

Suggested Holiday Schedule

Monday, January 2, 2017 — New Year’s Day Observance

Monday, February 20, 2017 — President’s Day Observance

Friday, April 14, 2017 — Good Friday

Monday, May 29, 2017 — Memorial Day Observance

Tuesday, July 4, 2017 — Independence Day Observance

Monday, September 4, 2017 — Labor Day

Friday, November 10, 2017 — Veteran’s Day Observance

Thursday, November 23, 2017 — Thanksgiving Day

Monday, December 25, 2017 — Christmas Day Observance

Three Optional Holidays Have

Been Suggested

Monday, January 16, 2017 — Martin Luther King’s Birthday

Friday, February 13, 2017 — Lincoln’s Birthday

Monday, October 9, 2017 — Columbus Day

LEGAL AID SOCIETY

During this holiday season, if you are consider-

ing a charitable donation at year’s end, please

remember the Legal Aid Society of Monmouth

County. We are a 501(c)3 charity organiza-

tion. Any and all donations are tax- deductible

and are greatly appreciated. Checks should be

made payable to the Legal Aid Society and

mailed to P.O. Box 2006, Ocean, New Jersey

07712. Your generous donations will help us to

continue our good work for the poor and indi-

gent of Monmouth County.

Thank you and Happy Holidays!!!

NEWS FROM NEW BRUNSWICK! THE NJSBA REPORT

By: Tim McGoughran Monmouth County Representative to NJSBA Board of Trustees.

Page 11

The following is a summary of actions taken at the Nov. 18, 2016, meeting of the New Jersey State Bar Associa-tion Board of Trustees at the New Jersey Law Center in New Brunswick. This summary does not constitute offi-cial minutes. You can find an electronic version here. Audit: The New Jersey State Bar Association has a strong financial base and is a thriving home to the state’s largest lawyers group and the leading continu-ing legal education organization, a draft auditor’s re-port from Withum, Smith + Brown showed. The board adopted the draft audit for fiscal year 2016, which end-ed in June. The auditors found no issues of concern and expected to issue a clean and unmodified opinion when the report is finalized in the coming weeks. Law Center: The Board of Trustees approved a pro-posal to complete security upgrades at the New Jersey Law Center to protect the safety of Law Center staff and guests. Amicus: The trustees agreed the NJSBA should seek friend-of-the-court status in Bisbing v. Bisbing, a family law matter. The association will advocate in favor of the Appellate Division ruling for a remand and urge that the scope of the remand focus on whether the plain-tiff, who did not have an attorney, made a knowing, clear and unmistakable waiver of statutory rights to have a court grant permission to relocate children, based on the lack of counsel and ambiguous language. Read the brief here. Events: Contracts for two upcoming events were ap-proved by the board, including the Elder Law Retreat on April 20-21 in Long Branch, and the Solo and Small-Firm Conference’s southern location in Cherry Hill on March 4. To register for the Solo Conference’s north location, click here. To register for the Solo Confer-ence’s south location, click here. Disciplinary Oversight Committee budget: With the board’s approval, the NJSBA will renew its concerns

about the large size of the Disciplinary Oversight Committee’s reserve, which remains at over 25 per-cent of its operating budget. The association will also urge the consideration of a reduction in annual attor-ney assessment fees if the trend continues, as well as urge officials to work within the committee’s budget-ary constraints to ensure no increases are necessary in future years, even if the reserve is drawn down to an amount that is more consistent with standard busi-ness protocols. Read the NJSBA letter here.

Government affairs: The board approved support of A-3892/S-2463, which would adjust the time from 45 days to 60 days when child placement review hear-ings are initiated. In other news the NJSBA Family Law Section Holi-day Party is on December 14, 2016 at 6:00pm and will be taking place right here in Monmouth County at Deal Golf Club. The menu is spectacular, three hours open bar and a chance raffle for many gift bas-kets with the proceeds to benefit the Legal Aid Society of Monmouth County. The cost is $90.00 and it will be a great time. On a much brighter and beachy note the NJSBA Family Law Section retreat will be held in Cancun Mexico from March 22, 2017 to March 26, 2017 at the JW Marriot. You do not need to be family lawyer to participate, just a member of the NJSBA. If there is one week a year to be a family lawyer this is the week! As Chair of the Family Law Section and I am looking forward to an exciting year and a successful retreat. If any member of the Monmouth Bar has any ques-tions or concerns that they believe should be brought to the attention of the NJSBA Board of Trustees please feel free to call me at 732-660-7115 or email me at TMCGOUGHRAN@MCGOUGHRANLAW.COM

Page 12

MBA NEWS

GENERAL WELFARE OF

MEMBERSHIP COMMITTEE

& NEW JERSEY LAWYERS

ASSISTANCE PROGRAM

The New Jersey Lawyers Assistance Program was established to

provide assistance to attorneys, members of the judiciary, law

students and law school graduates with personal problems that affect their well being and professional performance. Their ser-

vices include help for such things as depression, stress and burn-

out, alcohol and drug abuse, marital and family relationships, pre-

scription drug concerns, gambling, career concerns, eating disor-

ders and balancing work and family.

The New Jersey Supreme Court has assured the utmost confiden-

tiality by adopting Rule 1:28B-3. Call 1-800-246-5527; 1-800-

24NJLAP or contact online at www.NJLAP.org. If you have any

questions please call Tracey at the Bar Association at 732-431-

5544 or you may contact me directly at 732-367-9025.

Thomas J. Smith, III, Chair, General Welfare of Membership Committee

(732) 367-9025

TIME TO TAKE ADVANTAGE OF THE LAWYER REFERRAL

PROGRAM FOR 2016-2017

For those of you who are not familiar with the program, the

Monmouth Bar Association receives numerous phone calls from the general public seeking referrals to attorneys who specialize

and practice in the various areas of law including personal injury,

matrimonial, criminal, workers compensation, bankruptcy, land-

lord/tenant, real estate, commercial, among other areas.

The Monmouth Bar Association office matches the members of

the public with an attorney who regularly practices in that area

based upon geography and makes the referral. The Bar Associa-

tion charges a nominal fee of $150.00 for annual membership in

the Program. This is one of the great bargains in law. It is very

inexpensive to receive referrals which may ultimately lead to new

clients.

Call the Bar office (732-431-5544) for a 2016 Lawyer Referral

Program Application. Don’t miss out!!!

MONMOUTH BAR

ASSOCIATION DUES

Your annual dues are due on June 1, 2016. You

received by email the dues notice for 2016-2017

term.

Payment can be made via email to Tracey at

tmaciewicz.monmouthbar@verizon.net, fax to

732-431-2843 or by mail to:

MONMOUTH BAR ASSOCIATION

Courthouse

Freehold, New Jersey 07728

If you did not receive a copy of your dues notice

by email, please contact either JoAnne or Tracey

and a copy will be sent to you directly.

Thank you.

EMAIL MEMORANDA

Any member who is still not receiving their

Memoranda via email, please have them call

the Bar Association office at 732-431-5544

or forward their email to:

tmaciewicz.monmouthbar@verizon.net

Email will allow us to provide you with

legal updates between the Memoranda and

it will allow us to remind you of upcoming,

not to be missed, seminars and meetings.

Thank you.

Page 13

MONMOUTH TAX ALERT

Tax Law Committee Questions or Comments should be emailed to:

Theodore M. David, Chairman Tdavidlawyer@gmail.com

Blog: Learn to Love the IRS

Current Items:

1) Trump on Estate Taxes

2) Trump on Income Taxes

1).The state of New Jersey has recently decided to begin giving up on the idea of an estate tax. Legislation was passed on October 7, 2016 to

increase the tax on gasoline by $.23 a gallon. As part of the state’s plan increasing the gas tax would allow the estate tax to be eliminated over

the next 15 months. In 2017 the exemption from the New Jersey estate tax would be increased to $2 million. For years it had been stuck at the

one time federal estate tax exemption of $675,000.In 2018 the tax will be eliminated completely. New Jersey still maintains an inheritance tax

the rates of which are based upon the relationship of beneficiaries to the decedent and the amount of money or property received by them.

Spouses and children are exempt from the extraction. Other relations are taxed accordingly. New Jersey has seen the light. By making taxpayers

pay at the pump the state may be able to afford to eliminate whole sections of its division of taxation and cut out a huge section of its tax law.

Additionally those responsible to collect the tax at the pump now become unpaid agents of the tax agency with personal responsibility should the

tax not be paid over to the authorities. Everyone makes out. Now enter the dark horse candidate that no one thought had a chance to become

president. As Donald Trump becomes comfy with the office of president one of his campaign platforms has been to eliminate the federal estate

tax. It could be said that for the most part only the negligent paid that tax to begin with. The use of all manner of trusts and other estate planning

tools too often may have resulted in only the poorly advised finding themselves subject to tax liability. With their current estate tax exemption of

more than $5 million the middle class was practically insulated from the estate tax anyway. It seems the American government runs on the pro-

ceeds of income taxes paid by individuals and businesses of one sort or another. The federal estate tax in contrast raises only nickels and dimes.

Eliminating the estate tax in its entirety will free up IRS resources to pay more attention to where the golden egg is laid… the income tax. It

could also be argued that it levels the playing field among the negligent and poorly advised. Eliminating the estate tax also allows taxpayers to

make decisions with regard to their estates based on family need without tax considerations. It also conveniently lops off a big section of the

unloved Internal Revenue Code. Lawyers who make their living creating elaborate estate tax plans should be somewhat concerned. There are

also many connections to the income tax like carry over basis should both the estate and the gift tax be repealed. And talk of taxing gain at death

won’t get a lot of fans. But there is a big difference between campaign promises and real legislation. Certainly the elimination of the estate tax and

its sister gift tax may leave a bad taste in the mouths of ordinary Americans who may have voted Trump into office as it looks like catering to the

rich. Trump’s plan for the income tax also calls for reductions in rates for individuals and corporations. Is it possible that the country will wake up

one day without an estate tax, a gift tax or an income tax but with a VAT tax which is a kind of modified sales tax on consumption similar to the

way it is collected in Europe?… Sort of like paying at the pump.

2). If one were to go to Donald Trump.com/tax plan one can find the answer to all of America’s tax problems: 1) tax relief for middle-class

Americans in order to achieve the American dream; let people keep more money in their pockets and increase after-tax wages. Who could argue

with that? 2) Simplify the tax code to reduce the headaches Americans face in preparing your taxes and let everyone keep more of their money.

Other than we sophisticated tax lawyers who could have a beef with that? 3) Grow the American economy by discouraging corporate inversions

adding a huge number of new jobs and making America globally competitive again. Just like the website says: Tax reform to make America great again. 4) Doesn’t add to the debt and deficit which are already too large. There you have it. The website goes on to explain that single people

who earn to 25,000 or married people earning less than 50,000 would pay no income tax. Instead of the current tax brackets only four would

exist 0% 10% 20% and 25% at the same time eliminating the marriage penalty and repealing the alternative minimum tax. It gets better. No busi-

ness of any size from a Fortune 500 to a mom and pop shop (you have to love that plain folks kind of talk) to a freelancer living job to job will pay

more than 15% of their business income in taxes. This lower rate makes corporate inversions unnecessary by making America’s tax rate one of

the best in the world. In addition, no family will have to pay the death tax. You earned it and saved that money for your family not the govern-

ment. You paid taxes on it when you earned it. Nicely said. And the plan is revenue neutral that’s because most deductions and loopholes would

be eliminated or reduced. And repatriation of corporate cash held overseas at a significantly discounted 10% tax rate would be a one-time extrac-

tion followed by an end to the deferral of taxes on corporate income earned abroad. Apple watch out. The website then goes on to give details

of the plan complete with examples. At this point post-election the individual tax brackets being talked about are 12%, 25% and 33%. The top

bracket would start at a relatively low level but would be offset by a large standard deduction of $15,000 and itemized deductions would be

capped. Deductions for state income taxes and real property taxes could get axed too. As a trade-off for repealing the estate tax by the way a

capital gains tax would be due at death but calculated with a large exemption amount. There you have it. Now it remains to be seen what sur-

vives the legislative process assuming there is such a process after January 20, 2017.

“Taxes are the Price of Civilization”

Page 14

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invites referrals from his colleagues

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bankruptcy, immigration and

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(732) 780-3090

45 Court Street

Freehold, NJ 07728

ASSOCIATE ATTORNEY

Prominent Northern Ocean County Law Firm

seeks an Associate with 2-6 years experience.

Must be admitted to practice in New Jersey.

Practice areas to include corporate and complex

commercial transactions. To be considered for

this position, candidate must submit the following,

in confidence, via email to: lrusso@bathweg.com.

~ Cover letter with salary requirements

~ Resume

~ Writing sample

Ideal candidate will be self-motivated, well-

organized, possess excellent writing and verbal

communication skills, with ability to generate busi-

ness and have a portable book of business.

BATHGATE, WEGENER & WOLF, P.C.

One Airport Rd.

Lakewood, NJ 08701

Page 15

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