Mileposts
The collection of major cases and other specific achievements—the “mileposts” — included in the NJEJLA is one gauge for measuring positive change in laws and legal procedures in New Jersey. The listings highlight many, but by no means all, of the reported and unreported decisions, as well as key non-case achievements that had substantial consequence. While many of the effects do not readily translate into numerical or similar metrics—taken as a whole, these mileposts represent an overall increase in the legal system’s fairness toward disadvantaged people and their perception and expectation of receiving fair treatment.
Categories
2022
Trial court erred in denying entry of Final Restraining Order [FRO] when defendant committed "predicate act" of assault. The Appellate Division also admonished the trial court for lecturing plaintiff and offering inappropriate and "unsolicited advice" that "overstepped the division between the bench and the bar."
Immigration Judge violated noncitizens's due process and statutory right to appointed counsel by denying motion for 30 day adjournment so that newly appointed counsel could prepare case.
LSNJ successfully advocates to pass a series of bills to improve New Jersey's SNAP programs. The legislation makes several improvements to increase access to and participation in the SNAP program including the elimination of SNAP terminations for individuals who do not participate in an employment and training program; increased services for senior citizens; a new SNAP call center; and an increased monthly benefit minimum.
PRI releases the "New Jersey True Poverty Tracker," the tenth report in the Poverty Benchmark series, as a reminder of the economic situation prevailing in New Jersey before the pandemic.
LSNJ's anti-trafficking project, PROTECT, works with Deputy Attorney General Heather Hausleben on a sex-trafficking case in which a client, SMM, cooperates with the prosecutor to obtain indictments of the traffickers.
Working with the N.J. U.S. Attorney's office and the Department of Justice Human Trafficking Unit, LSNJ PROTECT helps labor trafficking survivors from the BAPS temple in Robbinsville, New Jersey complete T-visa filings.
Governor Murphy issues Executive Order 292, lifting the COVID-19 public health emergency.
In January, a vacatur bill expands the list of crimes that can be expunged for human trafficking victims. LSNJ testifies in support.
2021
LSNJ's Poverty Research Institute releases "True Poverty", the latest study in the "Real Cost of Living" report series. Among its major findings are that the federal poverty measure hugely underestimates the number of those in New Jersey living in poverty and that , on average, residents need income of at least 300% of the federal poverty level to meet basic needs for living in the state.
State Medicaid regulation for determining benefit eligibility was invalid because of its inconsistency with state enabling legislation, legislative intent and federal Medicaid regulation.
The Criminal Justice Reform Act does not authorize pre-trial detention of non-citizens to prevent immigration officials from removing them from the country before trial.
Under a new state law, P.L. 2021, c. 154 the Department of Children and Families or court are now required to consider placement of children with relatives or kinship guardians when making placement decisions and to change the current standards for initiating petitions to terminate parental rights.
LSNJ advocates for eviction protections and debt collection protections for tenants affected by the COVID-19 pandemic. P.L. 2021, c. 189 provides additional rental assistance and bars eviction for rents due during the pandemic for low- and moderate income tenants.
Throughout the pandemic, LSNJ advocates for low-income and pro se litigants in the development of new landlord tenant court procedures, including via the New Jersey Supreme Court's Special Committee on Landlord Tenant.
Alongside other utility consumer advocates, LSNJ successfully urges Governor Murphy to extend the moratorium on gas, electric and water shut-offs in response to the COViD-19 pandemic and implement a number of enhanced consumer protections; supports legislation extending the moratorium on water and municipal electric shutoffs; and urges the Board of Public Utilities to create enhanced COVID-19-related utility assistance programs, including the Low Income Home Water Assistance Program (LIHWAP), the first-ever water assistance program.
2020
Before terminating a person from any Medicaid program, the Division of Medical Assistance and Health Services (DMAHS) must ensure that the person has been screened for eligibility for all other N.J. Family Care programs.
N.J. Department of Children and Families must provide meaningful notice and an opportunity to be heard before making a non-expungable "not established" finding of abuse. Department of Children and Families should reexamine and clarify vague "not established" category.
LSNJ argues as amicus. The New Jersey Supreme Court holds that a mortgage assignee has the statutory and common law right to enforce a promissory note that was lost by the mortgage assignor.
LSNJ releases a revision of Tenants Rights in New Jersey: A Legal Manual for Tenants in New Jersey.
The Administrative Office of the Courts requires municipal, criminal and family courts to "automatically" expunge dismissed cases at the time of dismissal, acquittal or discharge without a conviction or adjudication.
New Jersey passes new laws protecting the rights of individuals whose property may be subject to seizure after an arrest-known as "civil asset forfeiture." These new provisions set important transparency and reporting requirements and require an actual conviction to support a seizure in most cases. LSNJ testified, with suggested amendments, in support of these and other reforms.
On January 30, the World Health Organization (WHO) declares the COVID-19 outbreak "a Public Health Emergency of International Concern." The next day, the Secretary of the U.S. Department of Health and Human Services declares a public health emergency.
On March 9, Governor Murphy issues Executive Order 103, declaring a "Public Health Emergency and State of Emergency" in New Jersey. Executive Order 104, signed on March 16, 2020 limits "the unnecessary movement of individuals in and around their communities and person-to-person interactions in accordance with CDC and DOH guidance" while designating a subset of "essential" businesses and limiting the scope and hours of operations foe others. Executive Order 107 establishes statewide social mitigation strategies including limiting social gatherings and closing non-essential businesses to the public.
Legal services offices throughout the state quickly develop remote work capacities to permit Legal Services staff to work remotely and assist clients during pandemic.
Throughout 2020, Governor Murphy issues a number of pandemic-related Executive Orders that have far reaching impact especially on New J 106), including a moratorium on removals due to evictions and foreclosures (EO 106), an extension of critical short-term support for renters (EO 128) and an extension of insurance premium grace periods (EO 123).