Articles Posted in Legal News and Views

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American Bar Association:

Register for the upcoming webinar, Prosecutorial Independence and the Rule of Law, at: www.americanbar.org/events-cle/mtg/web/445186848/

“We are living in a pivotal moment when democratic norms and the rule of law are being challenged in novel and unexpected ways as we struggle to adapt to rapid technological and cultural changes that have changed our relationships and dialogue with each other.  In maintaining the rule of law, prosecutorial discretion and independence are essential. Yet not everyone believes that prosecutorial independence exists or understands why it matters. In this panel, former Department of Justice leaders and veteran prosecutors will explore recent challenges to prosecutorial independence and the rule of law at the federal level, including the Project 2025 proposal by the Heritage Foundation.”

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News Briefs From the New Jersey State BarAssociation

Med Mal Claim Over Partial Vision Loss Nets $2.5 Million Settlement

A Westampton woman has reached a $2.5 million settlement in a medical malpractice case in which an allegedly delayed glaucoma diagnosis led to permanent partial sight loss.

 

Capitol Report: New Jersey State Bar Association Amicus Cases Up for Oral Argument

This week’s Capitol Report covers the NJSBA’s amicus advocacy on issues related to attorney advertising and removing the “Not Established” standard in child welfare matters. Read the full report here.

 

Can Expunged Records Be Used in Child Abuse Cases?

May an expunged criminal record ever be used against a defendant? Yes, said the Supreme Court on July 31,2024. N.J. Division of Child Protection and Permanency v. A.P., __ N.J.___( 2024), (A-14-23).

 

Join the NJSBA for its Annual Open House and Networking Reception

The NJSBA will host a free networking event on Oct. 10, open to members and prospective members alike. Bring your friends, meet colleagues, expand your business and personal network and learn how to make the most of your NJSBA membership. Plus, attendees can get a free professional headshot. Register here.

 

NJ Justices Mull Insurer’s Duty to Defend Employer’s Negligence Claim in Workers’ Comp Dispute

On the first day of its new term Monday, the New Jersey Supreme Court weighed whether there was an obligation for an insurer to defend an employer accused of negligence claims brought by an employee who had received workers’ compensation benefits.

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BOLTS* “ The Texas supreme court closed out 2023 by blocking an abortion during a medical emergency, forcing a woman to flee the state. Just days before Christmas, Wisconsin justices struck down the state’s GOP-drawn gerrymanders. So far this year, Montana’s supreme court has stepped in to protect voting rights, while a decision in Alabama threatened in vitro fertilization treatments. 

In each of these states, unlike at the federal level, voters chose who sits on the bench and which judges get to dictate such profound consequences. And the 2024 elections may now reshape who holds power on supreme courts across the country.

Thirty-three states have elections for their high courts this year; some have as many as five or six seats on the ballot. In total, 82 seats are up for voters to decide. 

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In August 2023, Mary Smith, President of the American Bar Association (ABA), announced the creation of the ABA  Presidential Taskforce on Law and Artificial Intelligence to “bring together lawyers and judges from across the ABA to address the impact of AI on the legal profession and the practice of law.” From it’s beginning, the Taskforce has been concentrating it’s efforts on a broad array of critical AI issues of concern to ABA, including AI’s impact on the legal profession, the courts, legal education, access to justice, governance, risk management, and challenges with generative AI. During the past year, the Task Force has been active on a number of fronts, addressing these issues from various perspectives, including the preparation of it’s Task Force Report on the Impact of AI on the Practice of Law: Year 1 On the Impact of AI on the Practice of Law, released August 2024.

Quoting from the Report: “This Report addresses the critical AI issues that impact lawyers and judges in the practice of law, and provides insights and resources that will equip the legal community to effectively address and leverage these developments. Given the rapid pace of change in the AI landscape (the National Institute of Standards and Technology (NIST) released new guidance documents as this Report was being finalized), and the  need to give the AI developments the attention they deserve, the AI Task Force will continue its work in the new bar year (2024-25).

Highlights of the AI Task Force’s year [as mentioned in the Report] include:

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Upcoming Webinar – Introduction to the Restorative Justice Laws Database
Attendees will be introduced to the functionality of the database and how they can use it to learn more about examples of restorative justice policy from around the United States. A range of relevant policy features will be highlighted.

August 28, 2024
Register Here → 
ABA/ABA Financial Crimes Enforcement Conference
Crystal Gateway Marriott

Arlington, VA

October 8 – 10, 2024
More Information and to Register → 
 

Save the Date: The Twelfth Annual London White Collar Crime Institute
For the past 12 years, every October we have brought topflight legal practitioners from across the globe to London to discuss hot button issues of global significance to white collar practitioners including international money laundering and sanctions, cross-border evidentiary concerns, international internal investigations, and more.

October 14-15, 2024 

Register Here → 

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The attempted assassination of former President Donald Trump on Saturday was a dreadful and unspeakable event, marking a significant and alarming blow to America’s already tenuous grasp on democracy and the rule of law. Such an attack on an individual campaigning for the highest office in the nation is not just an act of violence against a person but a direct assault on the foundational principle that every voter has the right to choose their representatives freely and without fear.

The health of a democracy relies on the steadfast rejection of political violence as a tool to silence opponents, particularly those whose views we find most objectionable. The moment we resort to such means, we undermine the very fabric of democratic society. For democracy to thrive, it is essential to tolerate a broad spectrum of views, even those that challenge our own beliefs. Respecting the choices made by the electorate, even when they result in the election of candidates we vehemently oppose, is crucial.

.Amherst professor Austin Sarat in his essay, Trump Assassination Attempt is the Latest Threat to America’s Already Fragile Democracy, But it is Not the One, published in VERDICT, discusses this topic in greater detail. Quoting from professor Sarat’s  introduction:

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Trump v. United States: No.23-939. Argued April 25, 2024-Decided July 1,  2024.

The Supreme Court ruled on Monday that former President Donald J. Trump is entitled to substantial immunity from prosecution, delivering a major statement on the scope of presidential power. The vote was 6 to 3, dividing along partisan lines. The ruling makes a distinction between official conduct of a president and the actions of a private citizen. The high court’s 6-3 ruling along ideological lines sends the case back to the lower court to determine what acts alleged in Donald Trump’s indictment on charges of trying to subvert the 2020 election are official or unofficial.  A dissent from the liberal wing laments a vast expansion of presidential power.

“The decision will almost surely delay the trial of the case against him on charges of plotting to subvert the 2020 election past the coming election in November. If that happens and Mr. Trump wins, he could order the Justice Department to drop the charges.”                                                                                                                                                                                                                                        Adam Liptak, New York Times.

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On June I attended a CLE webinar, AI in Criminal Justice: Automated Decision-making Tools and Technology, From Policing to Corrections, sponsored by the Civil Rights and Social Justice Section of the American Bar Association. Below is a brief description of topics covered and a list of useful resources for those interested in pursuing these topics in greater detail:

Panelists discussed automated decision-making tools used by law enforcement, prosecutors, defense attorneys, judges, and corrections officials.  They explained a panoply of tools, including genealogical DNA investigations, predictive policing technologies, risk assessment algorithms and facial recognition technology.  The panel offered perspectives on the purported benefits of the tools, and the potential harms of the tools, especially adverse racial impacts. In addition, the panel  discussed new technologies and other tools now available to defense counsel to help level the playing field with the resources available to prosecutors.

Panelists

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The recent high-profile trial of former president Donald Trump has reignited discussions on the role of jury instructions in shaping verdicts.  This post is based in part on the following query we asked Gemini following the triaI: I need a broad discussion of jury instructions and charges to the jury in trial courts of the state of New York. The following explores the purpose and content of jury instructions in New York courts. We’ve also included a link to the final instructions and a transcript from the recently concluded trial of Donald Trump

Jury instructions and charges are a cornerstone of a fair trial in New York courtrooms. They act as a bridge between the complex legal world and the understanding of laypeople on the jury. Let’s delve into the significance of this exchange and the considerations involved. For more detailed information see: New York Criminal Jury Instructions and Model Colloquies.  For the latest additions and revisions see CJI2d & MC History. For New York Civil Jury Instructions see  CPJI- Civil Pattern Jury Instructions –all from the New York State Unified Court System.

The Importance of Clear and Precise Instructions

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This posting includes an excerpt from the Report on the Investigation Into Unauthorized Removal, Retention, and Disclosure of Classified Documents Discovered at Locations Including the Penn Biden Center and the Delaware Private Residence of President Joseph R. Biden, Jr. prepared for the Attorney General of the United States by Special Counsel Robert K. Hur and his staff, and a link to the entire document.

EXCERPT:

“We conclude that no criminal charges are warranted in this matter. 1 We would reach the same conclusion even if Department of Justice policy did not foreclose criminal charges against a sitting president.

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