- 2:12A-4-Contents of Certification Order 2:12A-4 A certification order must contain: The question of law sought to be answered; The facts relevant to the question, showing fully the nature of the controversy out of which the question arose. If the parties cannot agree on a statement of facts, the certifying court shall set forth what it believes to be the relevant facts; A statement acknowledging that the Supreme Court, acting as the receiving court, may reformulate the question; and The names and addresses of counsel of record and all parties appearing without counsel. Note: Adopted November 19, 1999, to take effect January 3, 2000. Part 2
- 2:14-2-Order to Show Cause 2:14-2 On the filing of a complaint, the Supreme Court shall order the judge to show cause, as provided in the order, why the judge should not be removed from office and require the filing of an answer with the Clerk of the Supreme Court within 30 days after being served with a copy of the order and complaint. Service of the order and complaint shall be made upon the judge in such manner as directed by the Supreme Court. The proceedings shall be prosecuted by the Attorney General of New Jersey, the Attorney General's representative or by an attorney specially designated by the Supreme Court. Note: Adopted July 7, 1971 to be effective September 13, 1971; amended July 13, 1994 to be effective September 1, 1994. Part 2
- 2:14-1-Institution of Proceedings 2:14-1 A proceeding for the removal of a judge may be instituted before the Supreme Court of New Jersey pursuant to N.J.S.A. 2B:2A-1 to 2B:2A-11, by the filing of a complaint with the Clerk of the Supreme Court. A complaint may be filed only by the Governor, or by either House of the Legislature acting by a majority of all its members, or by the Supreme Court on its own motion. Note: Adopted July 7, 1971 to be effective September 13, 1971; amended July 6, 1999 to be effective immediately. Part 2
- 2:12A-8-Cost of Certification 2:12A-8 Fees and costs are the same as in appeals as of right to the Supreme Court except that they are to be divided equally among the parties unless otherwise provided in the order entered by the Court of Appeals for the Third Circuit. Note: Adopted November 19, 1999, to take effect January 3, 2000 for a period of two years; extended September 17, 2001 for two additional years through January 2, 2004; adopted on a permanent basis November 5, 2003 effective immediately. Part 2
- 2:12A-6-Procedures 2:12A-6 After the Supreme Court has accepted a certified question, the matter shall proceed in the same manner as an appeal as of right. The Court shall issue a scheduling order and all briefs shall comply with the requirements and limitations of Rule 2:6 unless otherwise directed by the Court. Unless the Court dispenses with oral argument, it shall proceed pursuant to Rule 2:11-1(b). Note: Adopted November 19, 1999, to take effect January 3, 2000. Part 2
- 2:13-3-Places of Sitting 2:13-3 The Supreme Court shall sit in Trenton, and the Appellate Division shall sit in Trenton, Newark, Morristown and Hackensack, unless the Chief Justice or a presiding judge deems it temporarily necessary or desirable to convene court elsewhere. Note: Source-R.R. 1:1-3, 2:1-4; amended November 27, 1974 to be effective April 1, 1975; amended July 13, 1994 to be effective September 1, 1994. Part 2
- 2:12A-5-Notice; Response 2:12A-5 The Supreme Court, acting as the receiving court, shall notify the Court of Appeals for the Third Circuit of its acceptance or rejection of the question and shall respond to an accepted certified question as soon as practicable. Note: Adopted November 19, 1999, to take effect January 3, 2000. Part 2
- 2:15-12-Institution of Formal Proceedings Before the Committee 2:15-12 Whenever the Committee concludes from its preliminary investigation that probable cause exists for the imposition of public discipline, the Committee shall issue a formal complaint and shall serve it on the judge. The formal complaint shall issue over the signature of the Disciplinary Counsel or other such attorney as the Committee may designate and shall give notice to the judge of the specific nature of the charges and of such facts as are then known to the Committee on which the charges are based. The complaint shall set forth sufficient facts to constitute fair notice of the nature of the alleged misconduct, specifying the ethical rules that were violated. Within twenty days of service of the formal complaint on the judge, the judge shall file an original and one copy of a written, verified answer to the charges, designated as such in the caption, with the Committee at its principal office. For good cause, the Committee may extend the time within which the judge may file an answer. The answer shall set forth (1) a candid and complete disclosure of all facts reasonably within the scope of the formal complaint; (2) all affirmative defenses, including any claim of mental or physical disability and whether it is alleged to be causally related to the offenses charged; (3) any mitigating circumstances; and (4) any constitutional challenges to the proceedings. All constitutional questions shall be held for consideration by the Court as part of its review of the Committee’s decision. A judge is required to file an answer even if the judge does not wish to contest the complaint. Service on the judge of any pleading shall be made by personal service, or by certified mail (return receipt requested) and regular mail, or by overnight mail or electronic transmission with confirmation of successful delivery to their chambers, and with regard to part-time Municipal Court judges, to their chambers and law office address listed in the New Jersey Lawyer’s Diary. Service on a judge may also be made by serving the judge’s attorney, if any, by certified mail (return receipt requested) or by facsimile or overnight mail or electronic transmission with confirmation of successful delivery. After receiving the judge's answer or after the expiration of the time within which an answer is due, the Committee shall schedule a formal hearing and shall immediately notify the judge of the time and place at which the hearing will be held. Note: Adopted July 23, 1974, effective immediately; amended July 22, 1983 to be effective September 12, 1983; amended July 13, 1994 to be effective September 1, 1994; caption amended, text of former Rule 2:15-12 amended and incorporated into paragraphs (a) and (b) of Rule 2:15-15, and new paragraphs (a), (b), (c) and (d) adopted February 3, 1997 to be effective March 1, 1997; paragraphs (b) and (c) amended, new paragraph (d) adopted, former paragraph (d) redesignated as paragraph (e) December 2, 2019 to be effective immediately. Part 2
- 2:15-10-Action on Completion of Preliminary Investigation 2:15-10 On completion of its preliminary investigation, the Committee may: if it finds that the allegations are without merit, dismiss them and so inform the person who brought the allegations before the Committee, as well as the judge if the Committee so desires; and if the matter has received public attention, the Committee may. at the request of the judge or on the Committee's own motion, issue a short explanatory statement after reasonable notice to the Supreme Court; or initiate formal proceedings pursuant to Rule 2:15-12; or if it finds conduct by the judge that does not constitute conduct for which there is probable cause that public discipline should be imposed but that is conduct of the type set forth in Rule 2:15-8(a) or other conduct that would reflect unfavorably on the judicial office if it were to become habitual or more substantial in character, communicate to the judge its private censure, reprimand, admonition, caution, or guidance concerning the conduct in question and so notify the person who brought the allegations before the Committee, with a copy of the communication being sent to the Chief Justice, the Administrative Director of the Courts, and judge’s Assignment Judge or, if applicable, the Presiding Judge of the Tax Court or the Chief Judge of the Appellate Division. In the exercise of his or her discretion, an Assignment Judge may forward a copy of the communication to the judge’s Superior Court or Municipal Court Presiding Judge, as may be applicable; or require the judge to appear for an informal conference pursuant to Rule 2:15-11; or on its own motion or at the request of the judge, issue a short explanatory statement, after reasonable notice to the Supreme Court, if the matter has received public attention and the Committee has determined after the conclusion of a preliminary investigation that there is no basis to initiate formal proceedings, but that private discipline is appropriate consistent with Rule 2:15-10(c)(1). Note: Adopted July 23, 1974, effective immediately; paragraphs (b) and (c) amended July 13, 1994 to be effective September 1, 1994; caption and text of former Rule 2:15-10 deleted and new caption and text adopted February 3, 1997 to be effective March 1, 1997; subparagraph (c)(1) amended July 27, 2006 to be effective September 1, 2006; paragraph (a) amended and new subparagraph (c)(3) adopted December 2, 2019 to be effective immediately; subparagraph (c)(1) amended August 14, 202 to be effective September 2, 2020; subparagraph (c)(1) amended August 5, 2022 to be effective September 1, 2022. Part 2
- 2:15-8-Initial Review by Committee 2:15-8 The Committee shall review any written statement, criticism, or grievance that is directed to the Committee and that contains allegations to the effect that a judge of the Superior Court, Surrogate's Court, Tax Court, or Municipal Court is guilty of: misconduct in office, willful failure to perform judicial duties, incompetence, intemperate conduct, engaging in partisan politics, or conduct prejudicial to the administration of justice that brings the judicial office into disrepute. The Committee shall also review allegations that any such judge may be suffering from a mental or physical disability that interferes with the performance of judicial duties. On referral to the Committee by the Supreme Court, the Committee shall conduct such review concerning any Justice of the Supreme Court and proceed thereafter in accordance with these Rules subject to the terms of the referral. The Committee may review on its own motion any matters as set forth in (a) above in the absence of a written statement, criticism, or grievance. If the Committee determines that it requires additional information, it shall conduct a preliminary investigation. If the Committee determines that the allegations under review relate to an action or other matter that is properly the subject of an appeal, or if the Committee determines that there is not sufficient cause to warrant a preliminary investigation, it shall dismiss the matter and notify the person who submitted the statement, criticism, or grievance. In exceptional circumstances, the Chair or Vice Chair may authorize the commencement of a preliminary investigation. Note: Adopted July 23, 1974, effective immediately; paragraph (a) amended July 15, 1982 to be effective September 13, 1982; paragraph (a) amended July 26, 1984 to be effective September 10, 1984; paragraphs (a)(2), (a)(7) and (c) amended July 18, 1990 to be effective September 4, 1990; caption amended, paragraph (a) amended, paragraph (a)(7) amended and redesignated as paragraph (b), last sentence of paragraph (a) amended and redesignated as paragraph (c), former paragraph (b) amended and redesignated as paragraph (d), paragraph (c) amended and redesignated as paragraph (f), paragraphs (e) and (g) adopted February 3, 1997 to be effective March 1, 1997. Part 2
- Certification in Support of Non-Disclosure (for use with Personal Information Form for UIFSA 311) CN: 12228
- 2:15-6-Investigations; Service of Subpoenas and Orders 2:15-6 In the conduct of investigations and hearing proceedings of any nature, the Committee, the Executive Director/Counsel to the Committee, or any authorized representative thereof may (1) administer oaths, (2) order the inspection of books and records, (3) take depositions of necessary witnesses, (4) issue subpoenas for the attendance of witnesses and for the production of papers, books, accounts, documents, and testimony, or any other records or material that may be relevant to any such investigation or formal proceeding. A respondent may, with the prior approval of the Supreme Court, take depositions of witnesses who are unavailable to testify before the Committee. The Sheriff of the appropriate County or such person as may be designated by the Committee shall, when necessary in the judgment of the Committee, serve on the persons involved subpoenas or orders for the taking of depositions, for the production of items described in subparagraph (a) above, or for the attendance at investigations and at hearings (formal or informal). The Executive Director/Counsel may apply ex parte to the Court for an order compelling a person to comply with a subpoena. A certification shall accompany such application and shall include proof of proper service. Note: Adopted July 23, 1974, effective immediately. Paragraph (a) amended July 22, 1983 to be effective September 12, 1983; paragraph (a) amended, former paragraph (b) amended and redesignated as paragraph (c), new paragraph (b) adopted February 3, 1997 to be effective March 1, 1997; paragraph (a) amended and new paragraph (d) adopted December 2, 2019 to be effective immediately. Part 2
- 2:15-11-Informal Conference 2:15-11 At any time while a matter is pending before it, the Committee may conduct an informal conference with the judge and, in the discretion of the Committee, with the grievant. At an informal conference, the judge has the right to be represented by an attorney retained at the expense of the judge. All informal conferences shall be recorded by a qualified shorthand reporter, a video recording device, or a sound recording device. The Committee shall, on request, provide to the judge without charge a copy of any videotape that is made or transcript if one is prepared. If, after holding an informal conference with a judge, the Committee is satisfied that further proceedings are not warranted, the Committee shall dispose of the matter consistent with R. 2:15-10(a) or (c). If, after holding an informal conference with a judge, the Committee determines that further proceedings are warranted, the Committee shall institute formal proceedings pursuant to R. 2:15-12. Note: Adopted July 23, 1974, effective immediately; paragraph (e) deleted and caption amended July 22, 1983 to be effective September 12, 1983; paragraph (c) amended July 13, 1994 to be effective September 1, 1994; caption and introductory text amended, paragraphs (a), (b) and (c) deleted and new paragraphs (a), (c) and (d) adopted, and paragraph (d) amended and redesignated as paragraph (b) February 3, 1997 to be effective March 1, 1997. Part 2
- 2:15-7-Cooperation by Attorneys and Court Personnel 2:15-7 Attorneys admitted to practice law in this State, judges and justices, and employees of the judicial system of this State shall cooperate with and give reasonable assistance and information to the Committee, the Executive Director/Counsel, and any authorized representative thereof, in connection with any investigations by or proceedings of the Committee. Note: Adopted July 23, 1974, effective immediately; caption and text amended February 3, 1997 to be effective March 1, 1997; amended December 2, 2019 to be effective immediately; amended January 21, 2020 to be effective immediately. Part 2
- 2:15-9-Preliminary Investigation; Disclosure to Judge 2:15-9 In the course of its preliminary investigation, the Committee, in its discretion, may inform the judge of the allegations and of the identity of the person who is the source of the allegations and may request the judge to submit a written response to the allegations or to be interviewed or deposed by the Committee or by such person or persons as the Committee may designate. Note: Adopted July 23, 1974, effective immediately; amended July 13, 1994 to be effective September 1, 1994; caption and text amended February 3, 1997 to be effective March 1, 1997. Part 2
- 2:15-13-Discovery 2:15-13 Subsequent to the filing of an answer by the judge, the Committee shall make available to the judge all of the factual information in the Committee's file that is related to the complaint. The Committee may request and shall thereupon receive reciprocal discovery from the judge. Note: Adopted July 23, 1974, effective immediately; amended July 24, 1978 to be effective September 11, 1978; amended July 13, 1994 to be effective September 1, 1994; caption deleted and new caption adopted, text of former Rule 2:15-13 amended and incorporated into Rule 2:15-16, and new paragraphs (a) and (b) adopted February 3, 1997 to be effective March 1, 1997. Part 2
- How to Enforce or Request a Change of a Domestic Violence Restraining Order (DV RO) Contains: 11532 — Family Additional Information Sheet 10486 — Confidential Litigant Information Sheet CN: 12093
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