(Available upon Request or for Republication- Send Stamped, Self- Addressed Envelope and indicate the number of the article) 161. Administrator of a Probate Estate American Bar Association Law Trends ABA General Practice Division March 2008 Vol. 4, Number 2 160. Improving Your Personal Injury Practice and Service to New Clients American Bar Association Law Trends ABA General Practice Division Late Fall 2007 Vol 4, Number 1 159. Estate Planning to Protect Your Children American Bar Association Law Trends ABA General Practice Division Late Fall 2007 Vol. 4, Number 1 158. “The Durable Power of Attorney” Metuchen Chamber of Commerce Connection Fall 2007 p 12 157. Post Will Signing Instructions Atom Tabloid July 20, 2007 156. “Municipal Courts and hearsay” NJ Lawyer July 23, 2007 155. Accident Reports Now Available by Mail or Fax Atom Tabloid April 20, 200 154. Changing Your Name Legally in New Jersey Atom Tabloid April 6, 2007 153. The Importance of Uninsured or Under-Insured Driver Insurance Atom Tabloid March 16, 2007 152. Estate Law Questions Atom Tabloid January 5, 2007 151. Trusts in New Jersey Atom Tabloid December 22, 2006 150. 2006 Measure Amends States Guardianship Law Atom Tabloid November 10, 2006 149.B Duties & Responsibilities of an Executor of a Will Atom Tabloid October 6, 2006 148. Removing an Executor of An Estate Atom Tabloid September 15, 2006 147. Planning Ahead- How to Prepare Letters of Instruction Regarding Funeral Arrangements, Business Transfer and Post- Death Procedures Atom Tabloid August 4, 2006 146. If You Have No Will Atom Tabloid July 7, 2006 145. Probate & Administration of an Estate when there is a Will Atom Tabloid May 5, 2006 144. Pre-Trial Intervention to Dismiss First Time Criminal Charges Atom Tabloid April 7, 2006 143. What to Do if Injured in a Hit & Run Car Accident Atom Tabloid March 3, 2006 142. What to do in a Car Accident Atom Tabloid January 13, 2006 141. Points in Motor Vehicle Violations Atom Tabloid December 2, 2005 140. The Power of Attorney Atom Tabloid November 4, 2005 139. Erase Records of Old Arrests to Avoid Embarrassment and Disclosure Atom Tabloid October 7, 2005 138. Living Wills Atom Tabloid September 9, 2005 137. Wills and Estate Planning- Atom Tabloid of Woodbridge August 12, 2005 136. Implications of New Jerseys DWI Law NJ Lawyer May 3, 2004 135. Handling the DWI Blood Case and Under Influence of CDS: Quick Tips Bergen Barrister Winter 2002 134. Municipal Courts are Barred from Handing Discovery Requests Bergen Barrister Winter 2001 133. Marketing Tips: What Works, What Doesnt ABA GP Link Winter, 2001 republished in Louisiana State Bar Association Solo Section Newsletter 133b Setting up a Detailed Marketing Plan ABA-GP Marketing Legal Services Committee Newsletter July, 2001 132. Appeals from Municipal Court Convictions NJ General Practice Gazette November , 2000 131a. Complete Guide to Marketing Your Law Practice Book Review on ABA LPM Book NJ State Bar Dictum November, 2000 131b. Lawyers Quick Guide to E-Mail Book Review on ABA LPM Book NJ State Bar Dictum November, 2000 130. Major Cases Affecting DWI Prosecution and Searches NJ Police Chief p92 2000 129. What to Expect in a Car Accident Personal Injury Case Business & Entertainment Journal May, 2000 128. Private Adoption Metuchen Minute March, 2000 127. In Case of an Auto Accident Business & Entertainment Journal March 2000 126. Answer to Your Questions about Probate and Administration of an Estate Metuchen Minute February, 2000 125a. Ten Estate Planning Ideas for a Divorced or Separated Person Atom Tabloid June 16, 2006 125. Ten Estate Planning Ideas for a Divorced or Separated Person Metuchen Minute July, 1999 124. New Cases Affecting Municipal Court and Law Enforcement New Jersey State Bar Assoc. GP Gazette March 1999 123. Removing an Executor of An Estate NJ State Bar Association Dictum p 18 April, 1999 122. Pre-Trial Intervention to Dismiss Criminal Charges NJ State Bar Association Dictum April, 1999 122b Pre-Trial Intervention to Dismiss Criminal Charges Bergen Barrister Summer 2000 121. Ideas for Low-Cost and No-Cost Legal Marketing The Practical Lawyer American Law Institute- American Bar Association p 49, April, 1999 120. Running a Law Practice on a Shoestring Journal of Law Office Economics and Management West Publishing p 9 February, 1999 119. Letters of Instruction to Family & Executor Metuchen Minute November, 1998 118. Making Your Wishes Known... The Living Will Metuchen Minute August, 1998 117. How to Create a Great Client Newsletter Lawyers Weekly USA June 29, 1998 116. Major Recent Cases Affecting Municipal Court Practice- Spring, 1998 New Jersey State Bar Dictum June, 1998 116b NJ Municipal Court Law Review The New Jersey Police Chief May-June 1998 115. Selected Major Cases Affecting Personal Injury Matters and Chiropractors New Jersey State Bar GP Gazette May, 1998 114. Recent Law Changes Guardianship of Disabled Adults Metuchen Minute May, 1998 113. Mortgage Refinance Metuchen Minute April, 1998 112. Starting Your Own Personal Injury Firm Book Review on How to Build and Manage a Personal Injury Practice Lawyers Weekly March 23, 1998 111. Join a Barter Group to Get New Clients Lawyers Weekly March 9, 1998 p. B3 111b. New Business Clients Through Barter Group Participation ABA Law Practice Management Idea Exchanger April, 1998 111c. Business Clients Through Barter Group Participation Metuchen Minute May 1999 111d Using Barter Groups to Expand Business ABA Counselors Computer & Management Report Fall, 1999 110. Cooperating & Working With Your Attorney Metuchen Minute February, 1998 109. Municipal Court Procedure- Highlights of the New Rules New Jersey Law Journal December 22, 1997 109b New Court Rules Governing Municipal Courts Effective February 1, 1998 New Jersey State Bar GP Gazette March, 1998 109c. New Court Rules Governing Municipal Courts Effective February 1, 1998 NJ State Bar Dictum April, 1998 108. Buying & Selling Real Estate Metuchen Minute, December, 1997 107. Marketing Secrets of Successful Lawyers Book Review of Marketing Success Stories Lawyers Weekly USA November 3, 1997 107b. Marketing Secrets of Successful Lawyers Book Review of Marketing Success Stories ABA Law Practice Management Idea Exchanger February, 1998 106. Checklist for Defending DWI Cases New Jersey State Bar Dictum October, 1997 105. 25 Major Cases Affecting Municipal Courts in 1996-1997 NJ Lawyer Magazine September/ October 1997 p 40 105b. Major Recent Municipal Court Cases New Jersey State Bar Dictum October, 1997 105c Municipal Court Cases Fall 1997 New Jersey State Bar Dictum March, 1998 104a. Strict Liability for Dog Bites Atom Tabloid February 6, 2006 104b. Strict Liability for Dog Bites Metuchen Minute October, 1997 103. 20 Tips on Handling the Soft-Tissue Case New Jersey Law Journal September 15, 1997 102. Get Others to Market Your Firm Lawyers Weekly USA September 8, 1997 101. Medicaid and Nursing Homes- 1997 Update NJ State Bar Association Dictum June, 1997 100. Using the Net to Attract Clients Book Review on Marketing on the Internet Lawyers Weekly June 2, 1997 100b Marketing on the Internet Book Review Published in NJ State Bar Association Dictum June, 1997 100c Lawyers Guide to Marketing on the Internet Book Review Published in ABA-GP Marketing Legal Services Committee Summer, 1997 100d Lawyers Guide to Marketing on the Internet Book Review Published in ABA-LPM Personal Marketing Idea Exchanger July, 1997 100e Lawyers Guide to Marketing on the Internet Book Review Published in ABA-GP Probate, Trust & Estate Planning Committee 99. IRA Rollover- Final Regulations on Eligible Rollover Distributions Elder Law Newsletter- NJSBA May, 1997 (with Martin Spigner, Esq.) 99b. IRA Rollover- Final Regulations on Eligible Rollover Distributions Metuchen Minute November, 1997 98. Recent Municipal Court Decision 1996-1997 Help Police NJ State Bar Dictum April, 1997 98b Recent Municipal Court Decision 1996-1997 Help Police NJ State Bar GP Gazette May, 1997 97. Driving While Intoxicated- Preparing for the Difficult Case Metuchen Minute p39 April, 1997 96. Suspended drivers license: What lawyers dont know can hurt their clients NJ Lawyer W1997 96b Increased Penalties for Driving While Suspended NJ State Bar Dictum April, 1997 96c Increased Penalties for Driving While Suspended NJ State Bar GP Gazette May, 1997 95. Writing a Press Release American Bar Association GP Marketing Legal Services Spring, 1997 94. Shareholder Agreements & Life Insurance to Cover Buy-Outs Metuchen Minute February, 1997 93. Proposed Amendments to Rules on Municipal Courts will Increase Work New Jersey State Bar Association GP Gazette December, 1996 93b. Proposed Amendments to Rules on Municipal Courts will Increase Work For Defense Counsel and Prosecutors New Jersey State Bar Association Dictum February, 1997 93c. Leave Some Prosecutors for the Private Bar NJ Law Journal April 7, 1997 93d. Waste of Prosecutors Time NJ Lawyer April 14, 1997 92. Testifying in a Civil Case New Jersey State Bar Association GP Gazette December, 1996 91. The Uncontested, Undisputed Divorce Retainer Agreement New Jersey State Bar Association GP Gazette October, 1996 90. Introduction to the Criminal Court System Metuchen Minute December, 1996 89. Defending a Juvenile Case In New Jersey New Jersey Law Journal September 30, 1996 89b. Defending a Juvenile Case ABA Criminal Law Committee- GP Winter, 1997 88. Executor of a Will: Duties & Responsibilities Metuchen Minute September, 1996 87. Ethically Serving Your Personal Injury Clients ABA Ethics & Professionalism Committee YLD August, 1996 87b. Marketing and Improving Your Personal Injury Practice ABA- GP Marketing Legal Services Newsletter Fall, 1996 87c. Staying on Top of Your Personal Injury Practice ABA Lawyering Skills Magazine- LPM Spring, 1997 86 Prenuptial Agreements To Protect Your Assets or Business in Case of Divorce Metuchen Minute March, 1997 85 Laws Guard against Home Improvement Contractors Forbes Weekend Real Estate Supplement and Metuchen- Edison Review March 8, 1996 84. The Durable Power of Attorney New Jersey State Bar Association Dictum April, 1996 84b The Durable Power of Attorney ABA Probate and Trust Law Committee GP March, 1996 83. Working Families Should Plan Their Estates Forbes Weekend Real Estate Supplement and Metuchen- Edison Review March 1, 1996 82. Legislators out of Bounds on Lawyer Solicitation New Jersey Lawyer 4 NJL 2159 (October 30, 1995) 81. Bankruptcy- An Outline for Consumers and Small Businesses ABA Bankruptcy Law Committee- GP Winter, 1996 81b. Bankruptcy Retainer Agreement New Jersey State Bar Association GP Gazette October, 1996 80. Collection of Business Debts NJ Business Owner January, 1996 81b. Collection of Business Debts Metuchen Minute May, 1997 79. Easy Networking in Your Community ABA Barrister Winter, 1996 78. Reasons to Expand Liability for Malicious Prosecution New Jersey State Bar Dictum January, 1996 77. Even Attorneys Need Lawyers Advice When Purchasing a Home The Legal Intelligencer January 11, 1996 76. DMV Points following a Motor Vehicle Violation Hands Across New Jersey Jan. 1996 76b. What are DMV Points Metuchen Minute November, 1996 76c. DMV Points Following a Motor Vehicle Violation India Link January, 1997 75. Living Wills ABA Delivery of Legal Services Newsletter Jan. 1996 75b. Living Wills New Jersey State Bar GP Gazette May, 1997 74a. The New Jersey Business Legal Plan- Free Legal Advice For Business Owners in New Jersey NJ Business Owner January, 1996 74b Free Group Legal Plans: Low Cost Legal Advice For New Jersey Consumers NJ Business Owner November, 1995 74c Free Legal Advice for Civil Service Employees NJ Civil Service Leader April 13, 1996 74d. The New Jersey Business Legal Plan- Free Legal Advice For Business Owners in New Jersey Metuchen Minute August, 1997 73. Inexpensive Marketing for the Solo and Small Firm American Bar Association Marketing Legal Services Committee Update Fall, 1995 72. Expanded Rights to Documents Held by Government Hands Across New Jersey Newsletter November, 1995 71. How Self-Defense Works in New Jersey New Jersey Law Journal p10 September 25, 1995 70. Expungement of Old Arrests to Avoid Embarrassment and Disclosure Hands Across New Jersey October, 1995 70b. Erase/ Expungement of Old Arrests Today to Avoid Embarrassment Metuchen Minute January, 1997 69 How to Handle the Personal Injury Case New Jersey Law Journal- Special Personal Injury Issue p28 September 18, 1995 69b Marketing and Improving Your Personal Injury Practice ABA Law Practice Management Idea Exchanger Fall, 1996 68a How to Survive as a Small-Firm Lawyer - Book Review on Survival Skills for Practicing Lawyers- ABA-LPM Lawyers Weekly September 11, 1995 68b Flying Solo, A Survival Guide for the Solo Lawyer Book Review published in NJSBA GP Gazette August, 1995 68c Are You Flying Solo? Book Review on Flying Solo in ATLA-NJ December, 1995 69d. Finding the Right Lawyer Book Review in New Jersey State Bar GP Gazette March, 1997 67. New Litigation Cases Through Pre-Paid Legal Plans ABA Litigation Sections Litigation Management & Economics Magazine August, 1995 66a. Helping New Staff and Law Clerks Get Started Lawyering Skills Bulletin ABA-LPM Summer, 1995 66b New Staff and Law Clerks- General Instructions to Help Them Get Started GP Gazette- NJSBA p8. August, 1995 65. Deposition Questions in a Personal Injury Case GP Gazette- NJSBA p5. August, 1995 64. How to Organize Legal Seminars Leadership & Management Directions ABA-LPM p12 Summer 1995 64b Organizing Legal Seminars to Improve Professional Competency Marketing Legal Services Newsletter ABA GP Spring, 1996 64c How to Organize Legal Seminars Sharpening the Focus: Practice Management Series Legal Education Society of Alberta, Canada April, 1999 63. Sunshine Law Hands Across New Jersey Newsletter August, 1995 62. Editor and Chief Writer- Idea Exchanger- Personal Marketing Skills Interest Group July, 1995 61. Six Ideas for Greater Efficiency Leadership & Management Directions ABA-LPM p9 Summer 1995 60. Reducing the Cost of Attorneys: Computer Bulletin Boards Help NJ Business Owner p4 August, 1995 vol. 10 59. Eight Defenses to Possession of Marijuana The ABA Compleat Lawyer p11 Summer, 1995 59b. Defense of Marijuana Charges ABA Criminal Law Committee- GP Winter, 1997 58. Local Municipal Ethics Boards are Precluded From Making Determinations Regarding the Discipline of Township Attorneys and Prosecutors NJ Municipal Law Review June, 1995 57. Shareholders Agreements N.J. Business Owner p14 July, 1995 56. How an Attorney Can Help at Closing Time Forbes Newspaper/ Metuchen-Edison Review July 12, 1995 55. Self-Defense Permitted Under the Law Inside Tae Kwon Do Magazine August, 1995 54. The Basics About Living Wills Trust & Estate Law Report-ABA June, 1995 53. Compelling Car Insurance Companies to Pay for Chiropractic Treatment The Jersey Journal of Chiropractic June, 1995 52. Wills and Estate Planning- Save Money and Provide for Loved Ones ABA Probate, Trust & Estate Planning Committee Update- GP Section Spring, 1995 Vol. 2. 52b. Wills and Estate Planning Advice to Clients ABA Marketing Legal Services- GP Section Spring, 1997 52c. Wills and Estate Planning Advice to Clients ABA Idea Exchanger Newsletter LPM Spring, 1997 52d Wills and Estate Planning: Business & Entertainment Journal April, 2000 51. Using the Right to Know Laws to Obtain Public Records Hands Across New Jersey Newsletter June, 1995 50. Corporations and Non Profits: Dont Forget to File Your Annual Return NJ Business Owner Vol. 8 May, 1995 50b Corporations and Non Profits: Dont Forget to File Your Annual Return Metuchen Minute June, 1997 49 Reducing Stress for the Trial Attorney Through Tae Kwon Do New Jersey State Bar Dictum April, 1995 49b Reducing Stress for Professionals Through Tae Kwon Do NJ Business Owner Vol 11 August, 1995 49c Reducing Stress with Tae Kwon Do ABA Solo- General Practice Spring, 1996 48a. Estate Planning for Elks Red Bank Area Elks Bulletin May, 1995 48b Wills & Estate Planning Bishop Ahr Alumni Newsletter Fall, 1993 48c Wills and Estate Planning- Save Money Hands Across New Jersey December, 1995 48d Wills and Estate Planning- Save Money and Provide for Loved Ones NJ Business Owner January, 1996 48e Wills, Children, Guardians... Prepare a Will to Protect Your Spouse and Children Metuchen Minute August, 1996, reprinted March, 1998 47a. Should Your Firm Start an Internship Program? Lawyering Skills Bulletin Spring, 1995 47b To Get the Word Out, Help a Student The Compleat Lawyer Winter, 1995 47c Should Your Firm Start an Internship Program? Pennsylvania Bar News April, 1996 46. Put Yourself in the Clients Seat Lawyers Weekly Book Review of Through the Clients Eyes March 13, 1995 46a Book Review of Through the Clients Eyes ABA Law Practice Management Magazine p64 July, 1995 46b. Book Review of Through the Clients Eyes New Jersey State Bar Association GP Gazette January, 1996 45. Starting Your Own Business in New Jersey Business Owner- NJ Edition April, 1995 45b. Starting Your Own Business in New Jersey Metuchen Minute January, 1998 44a. Macintosh Computer is the Best for Solo Practitioners and Small Firms ABA Litigation Committee Update- GP Winter, 1995 44b A Few of My Favorite Mac Things Counselors Computer & Management Report-ABA Spring 1995 43. Preparation for the Traffic and Misdemeanor Cases ABA Litigation Committee Newsletter YLD Fall, 1994 Preparation for the Traffic and Misdemeanor Cases and Client Service ABA Idea Exchanger Newsletter LPM Spring, 1997 42a. Ideas to Help You Open and Expand Your Law Practice ABA Lawyering Skills Bulletin Winter, 1995, 42b Ideas to Help You Open and Expand Your Law Practice Marketing Legal Services Newsletter Spring, 1995 41. 10 Marketing Techniques for New and Solo Attorneys in a Small Community ABA Law Practice Management Magazine p30 January, 1995 41b Unique Marketing Techniques You Can Do Yourself NJ Business Owner Vol 8, May, 1995 41c Unique Marketing Techniques and Positive Community Involvement Journal of the American Chiropractic Association p15, August, 1996 41d 10 Marketing Techniques for New and Solo Attorneys in a Small Community Sharpening the Focus: Practice Management Series Legal Education Society of Alberta, Canada April, 1999 40. Signing a Power of Attorney Princeton Packet Publications December, 1994 39. Bankruptcy Leads Debtor to a Fresh Start North Brunswick Post December 22, 1994, printed also in Central Post as Bankruptcy allows a Fresh Start 38. Improving Racing Times With Tae Kwon Do Inside Tae Kwon Do Magazine p 60 December, 1994 37. “How Attorneys Use E-Mail and Bulletin Boards” Litigation Management and Economics p1 September, 1994 36. When Carrier Delay, Ask for Counsel Fees/ Compelling Car Insurance Companies to Pay Medical Bills New Jersey Law Journal August 29, 1994 35. Preparation for the Winning Personal Injury Case ABA/YLD Litigation Newsletter p. 3 Summer, 1994 34. Reimbursement for Counsel Fees for Town Employees Municipal Law Review June, 1994 33a. Using Computer Bulletin Boards Litigation Newsletter ABA-GP May, 1994 modified and republished 33b Volunteer Sharing Through BBSs Network 2d Spring 1995 32. Using the Right to Know Law in Municipal Court & Civil Matters New Jersey Law Journal May 25, 1994 31. Information About Living Wills The Monroe Township View p4 Mid-April, 1994 30. Answers to Questions About Probate and Administration of An Estate The Cranbury View April, 1994 29. Defense to Driving Without Insurance -Winning the Impossible Case New Jersey Law Journal April 4, 1994 28. Handling Verbal Threshold Personal Injury Cases New Jersey State Bar Association GP Gazette March, 1994 27a. Preparing for the Municipal Court Case New Jersey State Bar Association Dictum February, 1994, revised in 1996 & published as 27b. Preparation for the Municipal Court Case GP Gazette of New Jersey State bar Association January, 1996 27c. Municipal Court Retainer New Jersey State Bar Association GP Gazette December, 1996 27d. Municipal Court Rights Hands Across New Jersey July, August, September 1997 (3 part series) 26. A 45- Second Solution to Sharing Forms and Advice Law Practice Managements Counselors Computer and Management Report, ABA Spring 1994 25. Self -Defense in New Jersey, Cranbury View February 1994 24a. Prepaid Legal Plans - Helping Small Law Firms American Bar Association General Practice Section Committee Update July, 1993; 24b Prepaid Legal Plans - Helping Small Law Firms Solo Magazine General Practice Section ABA Winter, 1994 23a Defending Domestic Violence Complaints ABA Family Law Committee Newsletter January, 1996 23b. Defending Domestic Violence Complaints New Jersey Lawyer p. 5 June 14, 1993 2 NJL 927 22. How to Win When Your Client Has a Speeding Ticket, Barrister- American Bar Association, YLD National Publication, p. 47 Spring 1993 21. Winning Lawsuit/Verbal Threshold Cases, New Jersey State Bar Association Dictum p. 4, April 1993 20. Tips for Using Computer Bulletin Boards to Share Legal Expertise New Jersey Lawyer p. 15, February 1, 1993 19. Defending a Speeding Ticket ABA Briefcase General Practice Publication December 1992 18. How to Defend a Charge of Driving While Suspended New Jersey Law Journal p. 7 September 19, 1992 (with Joe Skinner) 17. Better To Try Drug Cases Than Just Pleading Out, New Jersey Law Journal, page 7, (June 20, 1991) 16. Speeding Trials Call for Fine-Tuned Defense, New Jersey Law Journal, page 8, (February 8, 1990) 15. The New Lemon Law-A Consumers Rights, New Jersey State Bar Association Dictum, October, 1989), reprinted in Middlesex County Bar Newsletter, (May, 1990) 14. Defense of Speeding Charges, New Jersey State Bar Association Dictum, (April, 1989) 13. Asset-Based Financing: Issues of Concern to the Banking Community. New Jersey Law Journal, page 1, (July 2, 1987) 12. The Effect of Bankruptcy on Divorce and Equitable Distribution, page 7, New Jersey Family Lawyer, p7 (June, 1987) 11. Clients, when told not to testify, now claim counsel ineffectiveness with Vram Nedurian, Pennsylvania Law Journal Reporter, (April, 1985) 10. Marylands Liability for Hand Gun Manufacturers, Delaware Law Forum, (December, 1985) 9. Advertising and the FTC: Less Regulation Can Mean More Consumer Protection, with Professor E.C. Smith, 8 Corporation Law Review 49, (1985), Reprinted in 9 Advertising Law Anthology 155, (1986) 8. Social Host Liability: Recovery for Innocent Victims, 7 Delaware Trial Lawyer, (Spring, 1985) 7A. Civil Rico-Recent Developments, Delaware Law Forum, (March, 1985) 7. Landlord Liability for Criminal Attacks, Delaware Law Forum, (March, 1985) 6. Agents Face Liability, Life Insurance Selling, (December, 1984) 5. Kelly vs. Gwinnell: Responsibility to Third Party Victims, Association of Trial Lawyers of America-NJ. News, (Summer, 1984) expanded and reprinted in Delaware Law Forum as Social Hosts Given Liability (November 1984) 4. Hazardous Waste - The Hidden Threat, Delaware Law Forum, (May, 1984) 3. The Alabama School Prayer Case: Constitutional Implications, United States Justice Foundation Newsletter, (Summer, 1984) reprinted from Delaware Law Forum (April, 1984) p.5 2. Insurance Agents Liability for Wrongful Financial Advise Based on a Professional Standard, Association of Trial Lawyers of America-NJ. NEWS, (Winter, 1984) Generator Liability for the Dumping of Hazardous Waste, First Prize, ATLA Environmental Law Essay Contest (1984) (100 pages), Reprinted as Things Prosser Didnt Teach You: TOXIC TORTS at the request of Dean Arthur A. Weeks. 80 pages 1. Casenote/Headnote Writer on 8 Federal Circuit Court and N.J. Superior Court Cases for Delaware Law Forum (1983-1984) Books and Seminar Program Materials written by Kenneth Vercammen, Esq: DWI- Winning the Blood or Drug Case- NJ State Bar Annual Meeting Program 2005, 2002, 2001, 2000 50+ pages Personal Injury- Tips for a Better Practice ICLE & New Jersey State Bar Association 2000, 1999, 1998 150+ pages Nuts & Bolts of Elder Law and Probate- ICLE & New Jersey State Bar Association 2005, 2004, 2002, 2001, 2000, 1999, 1998, 97, 96 100+ pages Municipal Court- ICLE & New Jersey State Bar Association 2005, 2004, 2001, 2000, 1998, 1997 Personal Injury- Winning Strategies Library of Congress Catalog Card # 97-091694 (1997) Answers to Questions About Probate and Elder Law Library of Congress Catalog Card # 96-093068 (1996) Municipal Court in New Jersey Library of Congress Catalog Card # 96-092111 (1996) Personal Injury Preparation NJSBA, Trial Attorneys of NJ 1997, 1996,1995, 1994 Trying the Soft Tissue Case- National Business Institute, Princeton 1996 -Municipal Court- How to Win NJSBA- 1996, 1995, 1994 ,1993 -Research Consultant: NJ Labor Unions 1999, 1996, 1995 published by Research Communications Group -Changes in Municipal Courts - NJSBA Convention 1994 -Laptop Computers in the Law Office NJSBA and Law Office Management 1994 -Preparing for Family Law Trial Practice and Domestic Violence NJSBA- 1995, 1994,1993 -Winning Lawsuit Threshold Cases 1992- NJSBA -1992 Changes in Municipal Courts - NJSBA -Winning Personal Injury Cases 1991- NJSBA -Municipal Court- Winning Strategies 1991- NJSBA and Middlesex Bar -How to Defend Speeding Tickets -NJSBA 1989 -Survival in the Superior Courts, NJ State Bar and Criminal Division of Monmouth County 1987 |
Tuesday, May 29, 2018
Legal Publications
Legal Plan Members Welcome
The Law Office of Kenneth Vercammen was selected to serve as the New Jersey Access Attorney for one of the major national legal service plans. We handle legal services for the following legal plans and their major employers:
Hyatt- AT&T, Delco retired (Includes Free Wills)
ARAG- AT&T management, PSE&G, Lucent management, A&P, Kraft,
Microsoft, National Telephone, Newsweek, Oracle, Proctor & Gamble,
Solomon Brothers, Thompson, Un. Bank of Switzerland (Includes Free Wills)
Prudential- Pru employees (Includes Free Wills)
APWU- Postal Workers (Includes Free Wills)
Union Privilege- AFL-CIO
LawPhone- private pay through credit card
UAW- Ford & GM
NYSUIT, National- New York Teachers
DC 37- NY Municipal Employees
Local 1500- NY retail
Truckers Legal Plan
Caldwell Legal Plan, OHS, Coast to Coast, and numerous other legal plans
Legal plan members
Our offices now serve as cooperating/panel attorneys for twenty two national legal service plans. Please consider our office if you need to refer a case to New Jersey. We have had success in handling the needs of many other legal plans and unions. We provide a full legal service including Wills, Estates, Criminal & Traffic Court, Probate, Elder Law, DWI & Personal Injury.
Union Privilege LEGAL PLAN- PROVIDING LOW COST ADVICE TO CONSUMERS IN NEW JERSEY
By Kenneth Vercammen, Esq.
Legal service plans are an excellent method for groups to obtain low cost and free legal advice. Millions of middle and low income working Americans need an attorney when legal problems strike. Today, several hundred group legal plans provide advice to millions of Americans who are Union members and/ or members of clubs and organizations that set up a legal plan. These legal plans in New Jersey provide a free telephone consultation with an attorney, some pay the entire cost of attorney representation including trial. It is easy and almost no cost to establish a consultation legal plan for your union, your employees and even a non profit group. Your member and/or employees can obtain some free legal advice and can sometimes head-off serious legal problems by preventive law. All currently registered New Jersey legal plans provide a free consultation to members without any prepaid costs by the member, their union or employer. It is easy to set up a free legal plan for your group, union or even for your employees. Experienced legal plan attorneys are familiar with the easy, no- cost registration requirements with the State of New Jersey. Prearranged access to a lawyer permits plan members to receive legal counseling and representation before it is too late, before a driver's license is lost, before someone dies without a will. Union members and their dependents, whose unions have negotiated legal services as an employees benefit, make up the majority of those covered. However, over the past 10 years commercially marketed plans have greatly expanded the availability of prepaid legal services to credit card holders, bank depositors, credit unions and even people not affiliated with any group that want legal question insurance. A Lawyer's Guide to Prepaid Legal Services at 1 Employer financed group legal services plans, previously qualified under Internal Revenue Code Section 120 have provided millions of Americans with an attorney when an emergency happens or even when they have a legal question. These plans do exactly what Congress intended when it established Section 120- guarantee affordable access to legal services for middle class families by addressing their real and otherwise unmet need for legal help. Some legal plans are prepaid legal plans . The term Prepaid Legal Service Plan has been developed over the last fifteen years to denote any type of arrangement that establishes a fund of money in the present that is used to pay legal fees for services required by plan contributors in the future. A Lawyer's Guide to Prepaid Legal Services By Alec Schwartz American Bar Association Press p 3 (1988). In a prepaid plan, often the employer pay the legal plan administrators up front legal fees which are used to hire a local attorney to provide wills, real estate closings, divorce representation, etc. What does a prepaid legal plan really do? First, it reduces the cost of legal services to the consumer. Rather than paying a possible $115- $155 per hour or a flat fee of up to $900 for a simple divorce, the consumer or their employer may pay between $50- $200 per year for the legal plan and they then are eligible to use a lawyer for services which would otherwise cost hundreds or thousands of dollars. A prepaid plan, because it prepays for and provides ready access to lawyer services, encourages preventive legal care. A Lawyer's Guide to Prepaid Legal Services at 4. Unpaid plans, such as the AFL-CIO's Union Privilege Legal Service, provides free consultations and referrals to qualified attorneys Today millions of Americans are given access to an attorney, usually a private attorney under employer plans and also under employee or consumer plans. See Prepaid Legal Plans Help Small Law Firms and Consumers Solo-ABA/GP Winter, 1994
On March 4, 1994 I met with Congressman Frank Pallone, D- NJ to discuss legal service plans. I encouraged him to support prepaid legal plans to help consumers. Congressman Pallone, a long time supporter of Consumer legislation, appears on our side. Legal services improve economic productivity, because an employee distracted by legal difficulties isn't fully effective. Legal Plan Letter Number 290, National Resource Center for Consumers of Legal Services at 3.
According to the American Prepaid Legal Services Institute (API), a Chicago-based ABA related national membership organization, group legal service plans involve advance arrangements for meeting personal legal needs, especially for legal services that prevent or settle disputes. Legal service plans extend quality, low cost legal services to middle income Americans. They are inexpensive - the average employer-paid plan costs less than $100 per family per year. Everyone should have a will, power of attorney, living will and access to a local attorney. These plans enhance employee productivity by promoting emotional, financial and physical health. Legal services plans work much like prepaid dental or medical plans. Building Your Small Firm Practice on a Prepaid Foundation Florida Bar Journal Vol. LXVIII, No 1 p48 (Jan. 1994).
The Late William Bolger, Director of the Union Privilege Legal Services of the AFL-CIO and other national leaders in the legal service field states that legal plans enjoy strong, broad support from labor, consumer, bar and insurance groups. IRS Tax Credit Section 120 places employer paid group legal service plans on equal footing with other statutory fringe benefits by providing the same favorable tax treatment. As in the case of medical services, early treatment can prevent catastrophe and its attendant cost in time and money. For example, psychological studies have demonstrated that there is a direct correlation between legal problems and lost work time and productivity. Employees' work performance often has a direct relationship to personal legal problems, therefore the sooner a solution can be found for the employees' problem, the sooner the employees can focus on their work. See Opening the Door to Affordable Legal Services American Prepaid Legal Services Institute p1 (1988).
It is not difficult to organize a legal services plan, whether it is a union, trade association, church or non-profit organization. At least half of the population does not have adequate access to the legal system. By increasing awareness of legal services plans, a win/win opportunity exists for people with legal problems. All consumers and businesses should support legal plans.
Hyatt- AT&T, Delco retired (Includes Free Wills)
ARAG- AT&T management, PSE&G, Lucent management, A&P, Kraft,
Microsoft, National Telephone, Newsweek, Oracle, Proctor & Gamble,
Solomon Brothers, Thompson, Un. Bank of Switzerland (Includes Free Wills)
Prudential- Pru employees (Includes Free Wills)
APWU- Postal Workers (Includes Free Wills)
Union Privilege- AFL-CIO
LawPhone- private pay through credit card
UAW- Ford & GM
NYSUIT, National- New York Teachers
DC 37- NY Municipal Employees
Local 1500- NY retail
Truckers Legal Plan
Caldwell Legal Plan, OHS, Coast to Coast, and numerous other legal plans
Legal plan members
Our offices now serve as cooperating/panel attorneys for twenty two national legal service plans. Please consider our office if you need to refer a case to New Jersey. We have had success in handling the needs of many other legal plans and unions. We provide a full legal service including Wills, Estates, Criminal & Traffic Court, Probate, Elder Law, DWI & Personal Injury.
Union Privilege LEGAL PLAN- PROVIDING LOW COST ADVICE TO CONSUMERS IN NEW JERSEY
By Kenneth Vercammen, Esq.
Legal service plans are an excellent method for groups to obtain low cost and free legal advice. Millions of middle and low income working Americans need an attorney when legal problems strike. Today, several hundred group legal plans provide advice to millions of Americans who are Union members and/ or members of clubs and organizations that set up a legal plan. These legal plans in New Jersey provide a free telephone consultation with an attorney, some pay the entire cost of attorney representation including trial. It is easy and almost no cost to establish a consultation legal plan for your union, your employees and even a non profit group. Your member and/or employees can obtain some free legal advice and can sometimes head-off serious legal problems by preventive law. All currently registered New Jersey legal plans provide a free consultation to members without any prepaid costs by the member, their union or employer. It is easy to set up a free legal plan for your group, union or even for your employees. Experienced legal plan attorneys are familiar with the easy, no- cost registration requirements with the State of New Jersey. Prearranged access to a lawyer permits plan members to receive legal counseling and representation before it is too late, before a driver's license is lost, before someone dies without a will. Union members and their dependents, whose unions have negotiated legal services as an employees benefit, make up the majority of those covered. However, over the past 10 years commercially marketed plans have greatly expanded the availability of prepaid legal services to credit card holders, bank depositors, credit unions and even people not affiliated with any group that want legal question insurance. A Lawyer's Guide to Prepaid Legal Services at 1 Employer financed group legal services plans, previously qualified under Internal Revenue Code Section 120 have provided millions of Americans with an attorney when an emergency happens or even when they have a legal question. These plans do exactly what Congress intended when it established Section 120- guarantee affordable access to legal services for middle class families by addressing their real and otherwise unmet need for legal help. Some legal plans are prepaid legal plans . The term Prepaid Legal Service Plan has been developed over the last fifteen years to denote any type of arrangement that establishes a fund of money in the present that is used to pay legal fees for services required by plan contributors in the future. A Lawyer's Guide to Prepaid Legal Services By Alec Schwartz American Bar Association Press p 3 (1988). In a prepaid plan, often the employer pay the legal plan administrators up front legal fees which are used to hire a local attorney to provide wills, real estate closings, divorce representation, etc. What does a prepaid legal plan really do? First, it reduces the cost of legal services to the consumer. Rather than paying a possible $115- $155 per hour or a flat fee of up to $900 for a simple divorce, the consumer or their employer may pay between $50- $200 per year for the legal plan and they then are eligible to use a lawyer for services which would otherwise cost hundreds or thousands of dollars. A prepaid plan, because it prepays for and provides ready access to lawyer services, encourages preventive legal care. A Lawyer's Guide to Prepaid Legal Services at 4. Unpaid plans, such as the AFL-CIO's Union Privilege Legal Service, provides free consultations and referrals to qualified attorneys Today millions of Americans are given access to an attorney, usually a private attorney under employer plans and also under employee or consumer plans. See Prepaid Legal Plans Help Small Law Firms and Consumers Solo-ABA/GP Winter, 1994
On March 4, 1994 I met with Congressman Frank Pallone, D- NJ to discuss legal service plans. I encouraged him to support prepaid legal plans to help consumers. Congressman Pallone, a long time supporter of Consumer legislation, appears on our side. Legal services improve economic productivity, because an employee distracted by legal difficulties isn't fully effective. Legal Plan Letter Number 290, National Resource Center for Consumers of Legal Services at 3.
According to the American Prepaid Legal Services Institute (API), a Chicago-based ABA related national membership organization, group legal service plans involve advance arrangements for meeting personal legal needs, especially for legal services that prevent or settle disputes. Legal service plans extend quality, low cost legal services to middle income Americans. They are inexpensive - the average employer-paid plan costs less than $100 per family per year. Everyone should have a will, power of attorney, living will and access to a local attorney. These plans enhance employee productivity by promoting emotional, financial and physical health. Legal services plans work much like prepaid dental or medical plans. Building Your Small Firm Practice on a Prepaid Foundation Florida Bar Journal Vol. LXVIII, No 1 p48 (Jan. 1994).
The Late William Bolger, Director of the Union Privilege Legal Services of the AFL-CIO and other national leaders in the legal service field states that legal plans enjoy strong, broad support from labor, consumer, bar and insurance groups. IRS Tax Credit Section 120 places employer paid group legal service plans on equal footing with other statutory fringe benefits by providing the same favorable tax treatment. As in the case of medical services, early treatment can prevent catastrophe and its attendant cost in time and money. For example, psychological studies have demonstrated that there is a direct correlation between legal problems and lost work time and productivity. Employees' work performance often has a direct relationship to personal legal problems, therefore the sooner a solution can be found for the employees' problem, the sooner the employees can focus on their work. See Opening the Door to Affordable Legal Services American Prepaid Legal Services Institute p1 (1988).
It is not difficult to organize a legal services plan, whether it is a union, trade association, church or non-profit organization. At least half of the population does not have adequate access to the legal system. By increasing awareness of legal services plans, a win/win opportunity exists for people with legal problems. All consumers and businesses should support legal plans.
Legal Guardianship of a Parent or Adult Family Member.
Kenneth Vercammens Office represents persons seeking legal Guardianship of a Parent or Adult Family Member.
Occasionally an individual can not manage his or her life as a result of a mental or physical disability, alcohol or drug addiction. If a legally prepared power of attorney was signed, a trusted family member, friend or professional can legally act on that persons affairs. If a power of attorney was not signed, your attorney must file a formal complaint and other legal pleadings in the Superior Court. The Guardianship Complaint will request a Court Order and Judgment to permit a trusted family member, friend or professional to handle financial affairs.
A Power of Attorney is generally given by one person to another in case the grantor becomes ill or incapacitated. A Power of Attorney permits the holder to pay the grantors bills and handle the grantors affairs when the grantor is unable to do the same.
A Power of Attorney is an appointment of another person as ones agent. A Power of Attorney creates a principal-agent relationship. The grantor of the Power of Attorney is the principal. The person to whom the Power of Attorney is given is the agent. We give the title attorney-in-fact to the agent who is given Power of Attorney.
Without a proper legal Power of Attorney or court ordered guardianship, even a spouse does not have the legal authority to sign their spouses signature. If a valid power of attorney is not legally prepared, signed and acknowledged in front of an attorney or notary, it is invalid.
Without a Power of Attorney, a Guardianship Order and Judgment must be obtained from the Superior Court to permit complete legal decision making.
According to Disability Law, A Legal Primer published by the New Jersey State Bar Association, a guardian is a person appointed by a court to make financial and personal decisions for a person proven to be legally incompetent. p11
1. When is a guardian needed? A guardian is needed when an individual can not manage his or her life as a result of a mental or physical disability, alcohol or drug addiction. The person for whom a guardian is appointed is called a ward. Disability Law at p11
Legislation changed the designation of mental incompetent to incapacitated person in all laws, rules, regulations and documents.
2. What rights does an incompetent lose? Unless a Court orders otherwise, a ward/incompetent does not have the right to decide where to live, spend money, use property, appear in Court or undergo medical treatment without the approval of his or her guardian. An unmarried incompetent also loses the right to marry.
3. How does somebody become the guardian of another? Guardians are appointed by Courts after the person in need of guardianship is proven incompetent. Guardianship actions can be brought under the general incompetency statute (N.J.S.A. 3B:12-25 et seq.) or under the statute dealing with people who receive services from the State Division of Developmental Disabilities. N.J.S.A.. 30:4-165.4 et seq. Guardians who are married to the incompetent or are parents of an unmarried incompetent can choose who will become the guardian after the guardians die and include a clause designating their successor in their wills. Disability Laws p12. Under the general incompetency statute, a Complaint requesting Guardianship must be filed in the Superior Court.With a detailed Affidavit by the person requesting to be Guardian detailing the assets of the incompetent plus reasons why the incompetent is no longer able to manage their affairs. Affidavits of two doctors are also needed. The Affidavit must be signed within 30 days of the examination. The Court will appoint a temporary attorney to interview the incompetent and prepare a report to the Court.
4. Who can be a guardian? Generally, a close relative or a person with a close relationship to the proposed incompetent who will act to protect the incompetents best interests can be guardian. When a close friend or relative is not available, the Court may appoint the Public Guardian (for persons over 60) or a volunteer Attorney to serve as guardian.
5. What are the rights of the proposed incapacitated/incompetent person prior to hearing? The proposed incompetent is entitled to receive advance notice of the guardianship hearing, to be represented by a lawyer and to present a defense at the hearing.
6. What happens if the incompetent regains the ability to manage his or her affairs? The incompetent can then go back to Court and ask to be made his or her own guardian again, but must show that he or she has regained sound reason.
7. When is a guardian not needed? Just because a person has a disability, does not mean that they need a guardian. A guardian is not needed if a person can make, and understand the nature of decisions, and communicate decisions to others. A guardian is not required for someone who has a physical disability, but can manage his or her affairs, and is not needed if a person merely has a problem managing money or property. Disability Law p12. |
LEAVING THE SCENE OF AN ACCIDENT model jury charge
LEAVING THE SCENE OF AN ACCIDENT
RESULTING IN DEATH
(N.J.S.A. 2C:11-5.1)model jury charge
The indictment charges the defendant with the offense of leaving the scene of an accident resulting in the death of another as follows:
(Read pertinent count of indictment)
The defendant is accused of violating a section of our state statutes that reads as follows:
A motor vehicle operator who knows that he is involved in an accident and knowingly leaves the scene of that accident . . . shall be guilty of a crime. . . if the accident results in the death of another person.
In order for you to find the defendant guilty of this offense, you must find that the State has proved beyond a reasonable doubt each of the following elements:
1. that the defendant was operating a motor vehicle and was involved in an accident while operating that motor vehicle;
2. that the defendant knew that he/she was involved in an accident;
3. that the defendant knowingly and unlawfully left the scene of that accident; and
4. that the accident resulted in the death of another person.
The first element that the State must prove beyond a reasonable doubt is that the defendant was operating a motor vehicle and was involved in an accident while operating that motor vehicle. A motor vehicle is any vehicle propelled otherwise than by muscular power, except such vehicles as run only upon rails or tracks and motorized bicycles.1
The second element that the State must prove beyond a reasonable doubt is that the defendant knew that he/she was involved in an accident.
A person knows that he/she was involved in an accident if he/she is aware that he/she was involved in an accident or is aware of a high probability that he/she was involved in an accident.
The third element that the State must prove beyond a reasonable doubt is that the defendant knowingly and unlawfully left the scene of the accident.
1N.J.S.A.39:1-1.LEAVING THE SCENE OF AN ACCIDENT RESULTING IN DEATH N.J.S.A. 2C:11-5.1Page 2 of 2
2If the sufficiency of the defendants stay at the scene of the accident becomes an issue, please refer toN.J.S.A.39:4-129(c), which specifies how long a motorist must remain at the scene of an accident.
3When appropriate, the jury should be instructed on causation.N.J.S.A.2C:2-3.
A motorist knowingly leaves the scene of an accident if he/she is aware that he/she is leaving the scene of an accident or is aware of a high probability that he/she is leaving the scene of an accident.
To determine whether the State has proved beyond a reasonable doubt that the defendant unlawfully left the scene of an accident, you must understand the obligations that New Jersey law places on a motorist who is involved in an accident.
A motorist who knows that he/she has been involved in an accident must:
(1) immediately stop his/her vehicle at the scene of the accident; or
(2) immediately stop his/her vehicle as close to the scene of the accident as possible and forthwith return to the scene of the accident.2
A motorist who fails to stop under these circumstances unlawfully leaves the scene of an accident. However, the State need not prove that the defendant knew of his/her legal obligation to stop at or near the scene of the accident.
The fourth element that the State must prove beyond a reasonable doubt is that the accident resulted in the death of another person.3The State need not prove that defendant knew that the accident had resulted in death or would result in death.
If you find that the State has proved each element of the offense beyond a reasonable doubt, then you must find the defendant guilty.
If you find that the State has failed to prove any element of the offense beyond a reasonable doubt, then you must find the defendant not guilty.
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LEADER OF ORGANIZED CRIME (N.J.S.A. 2C:5-2g) model jury charge
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LEADER OF NARCOTICS NETWORK 2C:35‑3) model jury charge
LEADER OF NARCOTICS TRAFFICKING NETWORK
(N.J.S.A. 2C:35‑3)model jury charge
[For crimes committed after January 12, 1998]
Countof the indictment charges defendant with the crime of being a leader of a narcotics trafficking network. That section of our statutes provides in pertinent part that
A person is a leader of a narcotics trafficking network if he conspires with two or more other persons in a scheme or course of conduct to unlawfully manufacture, distribute, dispense, bring into, or transport in this State methamphetamine, lysergic acid diethylamide, phencyclidine, gamma hydroxybutyrate,[1]flunitrazepam[2]or any controlled dangerous substance classified in Schedule I or II or any drug or substance which, when ingested, is metabolized or otherwise becomes a controlled dangerous substance in the body,[3]or any controlled substance analog[4]thereof as a financier, or as an organizer, supervisor or manager of at least one other person.
In order to convict defendant of the charge, the State must prove each of the following elements beyond a reasonable doubt:
(1)That defendant conspired with two or more persons.
(2)That the purpose of the conspiracy included a scheme or course of conduct to unlawfully (manufacture, distribute, dispense, bring into, or transport) in this State (name controlled dangerous substance or analog allegedly involved), and
(3)That defendant was a financier
OR
That defendant was an organizer, supervisor or manager of at least one other person and
(4)That defendant occupied a high level position in the conspiracy.
The first element that the State must prove beyond a reasonable doubt is that defendant conspired with two or more persons.[Read model jury charge on conspiracy; if conspiracy already charged, remind jurors of that definition].
The second element that the State must prove beyond a reasonable doubt is that the conspiracy included a scheme or course of conduct to unlawfully (manufacture, distribute, dispense, bring into or transport)[5]controlled dangerous substances or an analog. Manufacture means the production, preparation, propagation, compounding, conversion or processing of a controlled dangerous substance or controlled substance analog, either directly or by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container . . .[6]Distribute means to deliver,i.e., the transfer from one person to another of controlled dangerous substance or a controlled substance analog. The transfer can be actual, constructive or attempted. Dispensing means to deliver a controlled dangerous substance or controlled substance analog to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery. Transport means to carry from one place to another.[IF APPLICABLE, CHARGE THE FOLLOWING]. It is not a defense to this charge that the controlled dangerous substance or controlled substance analog was brought into this State solely for ultimate distribution or dispensing in another location.
The third element that the State must prove beyond a reasonable doubt is that defendant acted as[CHOOSE APPLICABLE]a financier[OR]as an organizer, supervisor or manager of at least one other person.[7]A financier is a person who, with the intent to derive a profit, provides money or credit or other thing of value in order to purchase a controlled dangerous substance or an immediate precursor, or otherwise to finance the operations of a drug trafficking network. The State need not prove that any intended profit was actually realized.[IF APPLICABLE, CHARGE THE FOLLOWING].It is not a defense to this charge that the profit, if any, involved in this scheme was intended to be made in another location.
An organizer is a person who purposely arranges, devises, or plans a drug trafficking conspiracy. A supervisor is one who purposely oversees the operation of a drug trafficking conspiracy. A manager is one who purposely directs the operations of a drug trafficking conspiracy.
A person acts purposely with respect to the nature ofhis/herconduct or the result of that conduct if it ishis/herconscious object to engage in conduct of that nature or to cause such a result. A person acts purposely with respect to attendant circumstances if the person is aware of the existence of such circumstances or believes or hopes that they exist. With purpose, designed, with design, or equivalent terms have the same meaning. Purposely is a state of mind that cannot be seen and can only be determined by inference from conduct, words or acts. Therefore, it is not necessary that the State produce witnesses to testify that a defendant said thathe/shepurposely did something.His/Herpurpose may be gathered fromhis/heracts and conduct, from all thathe/shesaid and did at the particular time and place, and from all the surrounding circumstances reflected in the testimony [and evidence adduced at trial].
The fourth element that the State must prove beyond a reasonable doubt is that defendant held a high-level position in the drug trafficking conspiracy. In other words, the State must prove that defendant occupied a position of superior authority or control over other persons in a scheme or organization of drug distribution (or manufacture, dispensing or transportation) and that in that position the defendant exercised supervisory power or control over others engaged in the drug trafficking conspiracy.[8]
Defendant, however, does not have to be the only or even the primary financier, organizer, supervisor, or manager, and it is no defense that defendant was subject to the supervision or management of another, nor that another person or persons were also leaders of the narcotics trafficking network.
If the State has proven each of these elements beyond a reasonable doubt, then you must find the defendant guilty. If the State has failed to prove beyond a reasonable doubt any element of this offense, then you must find the defendant not guilty.
[1]Effective June 25, 1999.
[2]Effective June 25, 1999.
[3]See definition of controlled dangerous substance inN.J.S.A. 2C:35-2 (effective August 19, 1999).
[4]Pick the appropriate controlled dangerous substance or analog alleged in the indictment.
[5]Choose the appropriate allegation.
[6]Read statutory exception to definition (N.J.S.A. 2C:35-2) if applicable.
[7]InState v. Afanador, 134N.J. 162, 171 (1993), the Supreme Court indicated that the trial court was under no obligation to define these terms. However, inState v. Alexander, 136N.J. 563, 574-575 (1994), the Court decided that these terms should be more fully explained to the jury.
[8]Query whether the rationale ofState v. Alexander, 136N.J. 563 (1994),i.e., that the defendant occupies a supervisory position, applies to financier.
LEADER OF DRUG NETWORK 2C:35‑3) model jury charge
LEADER OF DRUG TRAFFICKING NETWORK
(N.J.S.A. 2C:35‑3) model jury charge
The indictment charges defendant with the crime of being a leader of a drug trafficking network.That section of our statutes provides in pertinent part that
A person is a leader of a narcotics trafficking network if he conspires with others as an organizer, supervisor, financier or manager, to engage for profit in a scheme or course of conduct to unlawfully manufacture, distribute, dispense, bring into, or transport in this State methamphetamine, lysergic acid diethylamide, phencyclidine, or any controlled dangerous substance classified in Schedule I or II or any controlled substance analog[1]thereof.
In order to convict defendant of the charge, the State must prove each of the following elements beyond a reasonable doubt:
(1)That defendant conspired with two or more persons.[2]
(2)That the conspiracy included a scheme or course of conduct to unlawfully (manufacture, distribute, dispense, bring into, or transport) in this State (name controlled dangerous substance of analog allegedly involved).
(3)That defendant was an organizer, supervisor, financier or manager in such a conspiracy.
(4)That defendant occupied a high level position in the conspiracy.
(5)That defendant engaged in the conspiracy for profit.
If you find that the State has proven these elements beyond a reasonable doubt, then you must find defendant guilty of being a leader of a drug trafficking network. If you find that the State has failed to prove these elements beyond a reasonable doubt, then you must find the defendant not guilty of being a leader of a drug trafficking network.
The first element which the State must prove beyond a reasonable doubt is that defendant conspired with two or more persons.[Read model charge on conspiracy; if conspiracy already charged, remind jurors of that definition].
The second element which the State must prove beyond a reasonable doubt is that the conspiracy included a scheme or course of conduct to unlawfully (manufacture, distribute, dispense, bring into or transport)[3]controlled dangerous substances or an analog. Manufacture means the production, preparation, propagation, compounding, conversion or processing of a controlled dangerous substance or controlled substance analog, either directly or by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. . .[4]Distribute means to deliver,i.e., the transfer from one person to another of controlled dangerous substance or a controlled substance analog. The transfer can be actual, constructive or attempted. Dispensing means to deliver a controlled dangerous substance or controlled substance analog to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery. Transport means to carry from one place to another.[IF APPLICABLE, CHARGE THE FOLLOWING].It is not a defense to this charge that the controlled dangerous substance or analog was brought into this State solely for ultimate distribution or dispensing in another location.
The third element which the State must prove beyond a reasonable doubt is that defendant acted as an organizer, supervisor, financier or manager within the conspiracy.[5]An organizer is a person who arranges, devises, or plans a drug trafficking conspiracy. A supervisor is one who oversees the operation of a drug trafficking conspiracy. A financier is one who is responsible for providing the funds or resources necessary to operate a drug trafficking conspiracy. A manager is one who directs the operations of a drug trafficking conspiracy. Defendant, however, does not have to be the only or even the primary organizer, supervisor, financier or manager.
The fourth element which the State must prove beyond a reasonable doubt is that defendant held a high-level position in the drug trafficking conspiracy. In other words, the State must prove that defendant occupied a position of superior authority or control over other persons in a scheme or organization of drug distribution (or manufacture, dispensing or transportation) and that in that position the defendant exercised supervisory power or control over others engaged in the drug trafficking conspiracy.
The final element which the State must prove beyond a reasonable doubt is that defendant engaged in the conspiracy for profit. However, the State need not prove that any intended profit was actually realized. You may infer that a particular scheme or course of conduct was undertaken for profit from all the surrounding circumstances, among them the number of persons involved in the scheme, the defendants net worth andhis/herexpenditures in relation tohis/herlegitimate source(s) of income, the amount or purity of the controlled dangerous substance or controlled substance analog or the amount of cash or currency involved.[IF APPLICABLE, CHARGE THE FOLLOWING].It is not a defense to this charge that the profit, if any, involved in this scheme was intended to be made in another location.
If the State has failed to prove beyond a reasonable doubt any of the elements of this offense, then you must find the defendant not guilty. If the State has proven beyond a reasonable doubt each element of this offense, then you must find the defendant guilty.
[1]Pick the appropriate controlled dangerous substance or analog alleged in the indictment.
[2]State v. Afanador, 134N.J. 162 (1993).
[3]Choose the appropriate allegation.
[4]Read statutory exception to definition (N.J.S.A. 2C:35-2) if applicable.
[5]InState v. Afanador, 134N.J. 162, 171 (1993), the Supreme Court indicated that the trial court was under no obligation to define these terms. However, inState v. Alexander, 136N.J. 563, 574-75 (1994), the Court decided that these terms should be more fully explained to the jury.
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