NJ Courts Increasing Staff Of Judges, Employees To 50%

By Nick Muscavage
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Law360 (May 7, 2021, 3:00 PM EDT ) In a step closer to a return to pre-coronavirus times, the New Jersey judiciary announced Friday that the state's judges and court employees may return to courthouses across the Garden State in a 50% capacity beginning June 15.

The move, which was made by the judiciary after reviewing "encouraging COVID-19 levels," comes nearly a month after the New Jersey Supreme Court pushed back the potential date for resuming in-person jury trials after assessing rising COVID-19 infection trends.

Friday's notice only applies to judges and court staff, noting that for now, most court proceedings and services will continue on a "remote first" model.

"Further information will be forthcoming as to adjustments to in-person and remote options for court proceedings and services," according to the notice, which was signed by Judge Glenn A. Grant, the acting administrative director of New Jersey's courts.

Judges and staff returning to the courthouses will have to follow the current public health guidance.

The judiciary plans to increase on-site presence gradually, but noted that its direction could change if COVID-19 trends become worse.

However, because of the recent encouraging COVID-19 trends, public access to the limited in-person court proceedings will be provided via remote options or by allowing members of the media and public to be physically present in court locations beginning June 15, consistent with social distancing and other precautions, according to the judiciary.

Those who wish to observe court proceedings in person will have to contact the vicinage in advance and be required to follow any applicable protocols, including the submission of information for contact tracing in the case of COVID-19 exposure.

Friday's notice comes at a time when COVID-19 cases, hospitalizations and deaths have been decreasing statewide for several weeks and are continuing to decline, according to the judiciary. Throughout the state, the COVID-19 Activity Level Index, or CALI, is moderate, the judiciary noted.

The recent data supported an increase in on-site presence of judges and state court employees, but the resumption of in-person jury trials will be revisited at a later date, according to the judiciary.

In an earlier order, the judiciary set its sights on May 17 as a possible date for resuming in-person jury trials, but pushed back those plans because of a rash of hospitalizations and new cases of COVID-19.

In that order, the judiciary highlighted the million doses of COVID-19 vaccines and a continued decrease in COVID-19 deaths as positive indicators for suggesting that in-person court operations may soon be able to expand.

Some groups, including the New Jersey State Bar Association, have raised questions over the constitutionality of virtual jury formats and have been awaiting the start of in-person jury trials.

--Editing by Stephen Berg.

For a reprint of this article, please contact reprints@law360.com.

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