New Jersey
The N.J. Supreme Court might have three vacancies by July. Does anyone care? – New Jersey Globe
With New Jersey Supreme Courtroom Justice Barry Albin set to hit the necessary retirement age of 70 on July 7, it’s potential that the state’s highest court docket will quickly have solely 4 everlasting members, down from seven. But regardless of the far-reaching implications of the court docket’s membership, there was primarily no motion by the state’s leaders to carry the court docket again to a full complement.
The parade of vacancies started in March 2021, when Justice Jaynee LaVecchia voluntarily introduced her retirement and introduced an sudden alternative for Gov. Phil Murphy to place his mark on the Supreme Courtroom.
Murphy had already nominated Justice Fabiana Pierre-Louis, the primary Black girl to serve on the court docket, the earlier yr; with the reasonable LaVecchia’s retirement, he had the prospect to place a liberal stalwart in her place and reshape the whole court docket. His nominee, New Jersey Division of Civil Rights director Rachel Wainer Apter, was triumphantly unveiled every week after LaVecchia signaled she could be stepping down.
But it surely’s now been greater than a yr, and Wainer Apter stays as a lot of a Supreme Courtroom justice as she was on the day she was born. State Sen. Holly Schepisi (R-River Vale) has used senatorial courtesy to delay Wainer Apter’s nomination indefinitely, and nobody within the governor’s workplace or the legislature appears to have made her affirmation a prime precedence.
LaVecchia was joined in retirement by Republican Justice Faustino “Fuzzy” Fernandez-Vina in February, when he hit the necessary retirement age. Murphy has nonetheless not introduced a nominee to interchange Fernandez-Vina, regardless of realizing the exact day when he must step down for years prematurely.
When Albin, a Democrat, reaches that very same milestone in July, it is going to doubtlessly imply the court docket has solely 4 Senate-confirmed members.
Chief Justice Stuart Rabner elevated Superior Courtroom Justice José Fuentes to briefly change LaVecchia, however elected to depart Fernandez-Vina’s seat vacant to protect the partisan steadiness of the court docket; it’s not clear what he’d do within the occasion of a 3rd opening. (Historically, there have all the time been at the very least three Democratic and three Republican members of the court docket, an unstated rule adopted by governors of each events.)
Requested as we speak in regards to the two vacancies, Murphy mentioned that there’s “no information to report” – a line he mentioned verbatim in February – although he emphasised that having a full complement of justices is essential.
“In an ideal world … we’d wish to be at full energy,” he mentioned. “We’re working very onerous to take some steps within the route of getting that again as much as full capability.”
Strain from the legislature has additionally been missing. Neither Senate President Nicholas Scutari (D-Linden) nor his predecessor Steve Sweeney (D-West Deptford) strongly pushed for Wainer Apter’s affirmation, at the very least not publicly, and the state Supreme Courtroom wasn’t even near being an actual marketing campaign concern in final November’s legislative elections.
Schepisi, for her half, has mentioned for months that she’s nonetheless making up her thoughts, and the New Jersey Globe realized as we speak that she stays undecided about how she intends to proceed.
There are nonetheless some avenues open to Murphy ought to Schepisi proceed to be a holdout. Wainer Apter might transfer, probably to Mercer County, or Murphy might merely select somebody new.
However when the Fiscal Yr 2023 funds is finalized in June, the legislature will enter its summer time recess, and sure wouldn’t think about any nominations till it reconvenes within the fall. If Murphy and legislative management are unable to push at the very least one Supreme Courtroom nominee by way of earlier than then, the court docket could have to start its yearly cycle of circumstances in September with solely 4 everlasting members.
That might have a big impression on the way in which sure circumstances are determined. Already, one case reversing an enlargement of Miranda rights has been cited as a choice which will have been determined in a different way had Wainer Apter been on the court docket; with fierce battles raging over faculty desegregation and academic curricula, vacant seats could possibly be determinative of many extra judicial outcomes.
So long as the present establishment stays in place – Murphy stays set on Wainer Apter, Schepisi stays undecided, different vacancies stay unaddressed till the LaVecchia seat is crammed – the Supreme Courtroom should maintain making do with a steadily dwindling variety of members, and a state authorities that doesn’t appear to care.
New Jersey
Authorities Debunk Viral Explanation for NJ Drone Sightings
The drones spotted over the Garden State were probably not looking for a missing shipment of radioactive material.
New Jersey
N.J. weighs making underage gambling no longer a crime, but subject to a fine
Should underage gambling no longer be a crime?
New Jersey lawmakers are considering changing the law to make gambling by people under the age of 21 no longer punishable under criminal law, making it subject to a fine.
It also would impose fines on anyone helping an underage person gamble in New Jersey.
The bill changes the penalties for underage gambling from that of a disorderly persons offense to a civil offense. Fines would be $500 for a first offense, $1,000 for a second offense, and $2,000 for any subsequent offenses.
The money would be used for prevention, education, and treatment programs for compulsive gambling, such as those provided by the Council on Compulsive Gambling of New Jersey.
“The concern I had initially was about reducing the severity of the punishment,” said Assemblyman Don Guardian, a Republican former mayor of Atlantic City. “But the fact that all the money will go to problem gambling treatment programs changed my mind.”
Figures on underage gambling cases were not immediately available Thursday. But numerous people involved in gambling treatment and recovery say a growing number of young people are becoming involved in gambling, particularly sports betting as the activity spreads around the country.
The bill was approved by an Assembly committee and now goes to the full Assembly for a vote. It must pass both houses of the Legislature before going to the desk of the state’s Democratic governor, Phil Murphy.
New Jersey
New Jersey lawmakers will consider new tighter oversight rules on charter schools in 2025
TRENTON — State officials are considering new rules that could impose greater oversight on New Jersey’s 86 charter schools after a year of increased scrutiny from media outlets and politicians.
The state’s Senate Education Committee heard testimony Monday from experts who urged lawmakers to ensure that existing oversight laws were enforced and, in some cases, to write new laws requiring more public disclosure and oversight in regard to spending and administrator salaries.
“Clearly, there’s some work to be done,” said state Sen. Paul Sarlo of the 36th Legislative District, which represents 11 municipalities in Bergen and Passaic counties. “There are some bad actors out there.”
The legislators cited a series of reports from NJ.com and other media outlets that took aim at charter schools’ high administrator salaries, allegations of nepotism, and accusations that some former school leaders personally profited from their positions. The Asbury Park Press also scrutinized a charter network with campuses in Asbury Park and Neptune.
Deborah Cornavaca, director of policy for the New Jersey Education Association, the state’s largest teachers’ union, urged legislators to establish a task force to review numerous impacts of charter schools, to require more transparency and add disclosure rules for charter schools.
“When we see things that are going wrong… it is incumbent upon us to make sure that taxpayer dollars are being responsibly spent and that the students… are the priority of where the money is going,” Cornavaca said.
Harry Lee, president of the New Jersey Charter Schools Association, said that a majority of these publicly funded schools, which serve about 63,000 students, are not skirting rules, but are rather giving parents in low-income communities access to high-quality education. The schools are also improving academic outcomes for many of New Jersey’s Black and brown students, he said.
“In middle school, charter school students overall are outperforming the state average in reading, despite serving twice as many low-income students,” he said before the Senate Education Committee on Monday. “The longer you stay in a charter school, the more likely you will be able to read at grade level.”
While charter schools are given more flexibility than traditional district-based schools to educate at-need students, they also use taxpayer money in their mission. Yet, charter schools are not held to all the same oversight rules and regulations that district public schools must follow, according to critics.
“It is a privilege, not a right, to operate a charter school in New Jersey, and there are simply higher expectations (for positive academic results),” said Lee. “We stand by that, and we agree that there should be accountability for schools that aren’t doing the right thing.”
The flexibility given to charter schools is why they are succeeding where nearby traditional districts are not, he said. Many charter schools have adopted longer school days and a longer school year to achieve results, he said.
When charter schools fail to meet their educational missions, they are closed, Lee said.
“That is the ultimate accountability,” he added.
Since 2020, four schools have closed, surrendered their charter, or not had their charter contract renewed, according to the state Department of Education.
One of the charter schools that has faced criticism in the press is College Achieve Public Schools, which has sites in Asbury Park and Neptune. Michael Piscal, CEO and founder of the charter school group, made $516,084 in the 2022-23 school year, according to filings obtained through GuideStar, an organization that provides information about American nonprofit organizations.
Piscal also made an additional $279,431 in compensation that year from the school and related organizations, according to the tax documents.
For comparison, the average school superintendent pay in New Jersey was $187,737 last year, according to state Department of Education records.
A representative of College Achieve told the Press that administrative salaries have since between reduced.
State Sen. Vin Gopal, who chairs the Senate Education Committee, said he expected amendments to New Jersey’s charter school law to be proposed sometime in 2025.
“There needs to be more accountability on how that (charter school) money is spent,” he said.
Amanda Oglesby is an Ocean County native who covers education and the environment. She has worked for the Press for more than 16 years. Reach her at @OglesbyAPP, aoglesby@gannettnj.com or 732-557-5701.
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