RULE 1:39-1A - Certification Committees

RULE 1:39-1A - Certification Committees

(a) Appointment; Officer. The Supreme Court shall appoint a Civil Trial Law Committee, a Criminal Trial Law Committee, a Matrimonial Law Committee, a Workers' Compensation Law Committee, and a Municipal Court Trial Law Committee. The Court shall appoint no fewer than three and no more than eleven members of the bar to serve on each Attorney Certification Committee. Committee members shall be appointed for three-year terms. No member who has served four full three-year terms successively shall be eligible for immediate reappointment. Members appointed to fill unexpired terms may be reappointed to four successive full terms. The Supreme Court shall designate one member of each Committee to serve as Chair of that Committee. The Chairs shall serve as members of the Board on Continuing Legal Education and the Board on Attorney Certification.

(b) Quorum. For each Committee, one more than half the total number of members shall constitute a quorum and all determinations shall be made by a majority of the quorum.

(c) Operations. The Committees shall, consistent with the Regulations of the Board, draft applications for certification and recertification, review applications to determine eligibility for certification and recertification, create and grade examinations, and undertake such other tasks as may be assigned by the Board. In accordance with these Rules and the Board's Regulations, adverse decisions by a Certification Committee in respect of eligibility or examination are reviewable by the Board or the Supreme Court.

(d) Effect of Certification Committee Membership. During service on a Certification Committee, no Committee member shall apply for or be examined for certification in this State. A Committee member who is not yet certified and who has served his or her full term on the Committee may apply for certification at the conclusion of his or her term on the Committee. Once making application, the former Committee member, if otherwise eligible for certification, will not have to take the appropriate certification examination. A previously-certified Committee member may be recertified during his or her term of service on the Committee. An attorney who sits on a Certification Committee who is not yet certified may offer a referral fee pursuant to RG. 402:6 so long as a referral fee is permitted.

(e) Immunity. Members of the Certification Committees and their lawfully appointed designees and staff shall be absolutely immune from suit based on their respective conduct in performing their official duties.


Note: Adopted June 28, 1996, to be effective September 1, 1996; paragraphs (a) and (c) amended and new paragraph (d) adopted July 5, 2000 to be effective September 5, 2000; paragraphs (a) and (b) amended, paragraph (d) caption amended, and new paragraph (e) adopted July 20, 2011 to be effective September 1, 2011.