Bergen Courts Confront Judge Vacancies In 'Dire' Situation: Officials

BERGEN COUNTY, NJ — Courts in Bergen County are operating with seven vacancies, and another seven judges are expected to retire between now and Aug. 5, officials said.

As has happened in two New Jersey court vicinages, Bergen County — without more judges — may well be faced with a need to suspend civil and matrimonial trials, the administrative director of the courts Glenn Grant said Monday.

"We are no longer headed toward a crisis. We are in the middle of one," Grant said in remarks before the Assembly Budget Committee.

This past February, Chief Justice Rabner took the "unprecedented step" of shutting down civil and matrimonial trials, except under very limited circumstances in Vicinage 13 (Hunterdon, Somerset and Warren Counties) and Vicinage 15 (Cumberland, Gloucester and Salem Counties).

Throughout the state, a continued high number of judicial vacancies — that is, 58 — causes "real harm to individuals seeking to address matters with the courts," Grant said.

"Victims seeking financial compensation are left in limbo.

"Married couples with children who are seeking to work out divorce agreements have their lives put on hold.

"Businesses are unable to settle contract disputes," he said.

In Bergen County, or Vicinage 2, four judges were recently added, though with the vacancies and retiring judges, that does not help dig the courts out of the hole.

Operating with these vacancies, New Jersey courts are confronting a backlog of cases in civil, general equity, family and criminal divisions; that number that continues to rise.

Some cases filed three to four years ago are still awaiting trial dates, Grant said.

"The continuing judge vacancy predicament threatens our ability to fully and timely perform (the role we play in society)," the administrative director said. "That role is to provide a neutral forum for citizens and businesses of this state to resolve their disputes, protect victims and children from real harm, protect the rights and liberties and ensure equal justice for all."

The impact of judge vacancies across the state has particular implications for the criminal division. Courts, according to Grant, have seen a significant increase in the number of detained defendant trials and the number of defendants on pretrial release.

Because of the delay in trials, the court system has witnessed more than a 50% increase in the number of people on pretrial release over the past three years — from 30,000 to 46,000.

"The Judiciary is seeking to increase the funding for our pretrial staff from $24 million to $30 million so that we can properly monitor these defendants on pretrial release," Grant told the legislative budget committee.

While the situation is "dire," the administrative director said, he acknowledged the efforts of judges and staff to perform their duties and responsibilities despite the vacancies.

"However, if we are to confront the challenges before us and provide the public with the level of service they are entitled to receive, we need more judges hearing cases," he added.