FIRST INTERIM REPORT OF THE NEW JERSEY CIVIL UNION REVIEW COMMISSION

February 19, 2008

Members of the Commission
J. Frank Vespa-Papaleo, Esq., Chairman
Steven Goldstein, Esq., Vice Chairman
Stephen J. Hyland, Esq., Secretary
Barbara G. Allen, Esq.
Rev. Charles Blustein Ortman
Robert Bresenhan, Jr.
Barbra Casbar Siperstein
Sheila Kenny, Esq.
Joseph A. Komosinski
Erin O’Leary, Esq.
Elder Kevin E. Taylor
Melissa H. Raksa, Deputy Attorney General (DAG)
www.NJCivilRights.org/curc

INTRODUCTION
On December 21, 2006, in response to the holding of the Supreme Court of New Jersey in Lewis
v. Harris, 188 N.J. 415 (2006), the Legislature enacted Public Law 2006, Chapter 103,
establishing civil unions for same-sex couples effective February 19, 2007. The intent of the
Civil Union Act (“the Act”) is to provide all the benefits and responsibilities of marriage to
same-sex couples in civil unions.1 The Act also established the New Jersey Civil Union Review
Commission (“the Commission” or “CURC”), to evaluate the effectiveness of the law and issue
semi-annual reports to the Legislature and Governor.2
The Commission is an independent body consisting of both public members and governmental
ex-officio members, consisting of six ex-officio members and seven public members, appointed
as follows: five appointed by the Governor with the Advice and Consent of the Senate, one
appointed by the Senate President, and one appointed by the Speaker of the General Assembly.
The six ex-officio members consist of the Attorney General, the Commissioners of the
Departments of Human Services, Banking and Insurance, Children and Families, and Health and
Senior Services, and the Director of the Division on Civil Rights.3
As of the date of the issuance of this report, one public member nominee has not yet been
approved by the Senate. Therefore, the members of the Commission are as follows:
Public Members (7):
Appointed by Senate President: Rev. Charles Blustein Ortman
Appointed by Assembly Speaker: Steven Goldstein, Esq.
Appointed by Governor: Robert Bresenhan, Jr.
Stephen J. Hyland, Esq.
Barbra Casbar Siperstein
Elder Kevin E. Taylor
Vacant4
Ex-Officio Members (6):
Director of the Division on Civil Rights: J. Frank Vespa-Papaleo, Esq.
Designee of Attorney General: Melissa H. Raksa, DAG
Designee of Department of Human Services: Barbara G. Allen, Esq.
Designee of Department of Banking & Insurance: Sheila Kenny, Esq.
Designee of Department of Health & Senior Services: Joseph A. Komosinski
Designee of Department Children and Families: Erin O’Leary, Esq.

For purposes of convenience and operational consistency, the Commission has been formally
placed in, but not of, the Department of Law & Public Safety. As of the date of this report, the
Legislature has not issued any appropriation for the costs of operating the Commission, which
includes the costs of transcription services, certified interpreters, advertising costs associated
with public notices, and other operational and administrative costs. Since there has been no
legislative appropriation for the operations of the Commission, it receives substantial fiscal and
staff support from the Division on Civil Rights.5
According to the Act, this Commission “shall report semi-annually its findings and
recommendations to the Legislature and the Governor.” The Commission will continue to study
and evaluate the Civil Union Act, and may issue legislative recommendations in any of its semiannual
reports, in accordance with the Act. This First Interim Report is unanimously endorsed
by the members of the Commission.6
According to the Act7 it is the duty of the Commission to study all aspects of the Civil Union
Act—which authorizes civil unions—including, but not limited to the following:
(1) To evaluate the implementation, operation and effectiveness of the Civil Union Act;
(2) To collect information about the Act's effectiveness from members of the
public, State agencies and private and public sector businesses and organizations;
(3) To determine whether additional protections are needed;
(4) To collect information about the recognition and treatment of civil unions by other
states and jurisdictions including the procedures for dissolution;
(5) To evaluate the effect on same-sex couples, their children and other family members
of being provided civil unions rather than marriage;
(6) To evaluate the financial impact on the State of New Jersey of same-sex couples
being provided civil unions rather than marriage; and
(7) To review the "Domestic Partnership Act," and make recommendations as to whether
this act should be repealed.
The Commission cannot yet issue a final report because it continues to examine all seven areas
as required by the Act. For example, at this time we have not evaluated the financial impact of
the Act on the State of New Jersey, in comparison to marriage,8 nor have we reviewed the
4
Domestic Partnership Act,9 as required by the Act. Other areas need further review as well.
These will be studied and reported on in the coming months.
The Commission held its organizational meeting in Trenton on June 18, 2007, and subsequent
public business meetings on July 18, 2007, August 15, 2007, November 14, 2007, December 19,
2007 and January 16, 2008.
In order to maximize the opportunity for public participation in the Commission’s evaluation
process, the body held three nighttime public hearings, on September 26, 2007 in New
Brunswick, Middlesex County; October 10, 2007 in Blackwood, Camden County; and October
24, 2007 in Nutley, Essex County. Together, the three hearings lasted nearly eight hours and
featured testimony from ninety-six people, including couples affected by the Act and expert
witnesses.
Notice of all public business meetings and public hearings were advertised in newspapers
throughout the State, on the Commission’s website located at www.NJCivilRights.org/curc, and
distributed widely by community organizations, website hosts and others. Additionally, a media
alert and press release was distributed on September 19, 2007 by the New Jersey Office of
Attorney General announcing the public hearings. The Commission website also serves as a
repository for Commission reports, transcripts, agendas, commissioner biographies, contact
information and other items.
At the public hearing on September 26, 2007, Lynn Fontaine Newsome, President of the New
Jersey State Bar Association,10 testifying on behalf of its nearly 17,000 members, concluded that
the New Jersey Civil Union Act is “a failed experiment.” 11
We believe the civil union law created a burdensome and flawed
statutory scheme that fails to afford same-sex couples the same
rights and remedies provided to heterosexual married couples as
required … by the New Jersey Supreme Court and its landmark
Lewis v. Harris decision.
From the Bar’s perspective, civil unions are a failed experiment.
They have shown to perpetuate unacceptable second-class legal
status. Members of the Bar Association tell me more stories of the
countless additional hours of work that must go into representing
gays, lesbians, bisexual clients and their families.12
5
At the public hearing on October 24, 2007, Ed Barocas, Legal Director of the American Civil
Liberties Union of New Jersey13 stated in unequivocal terms that:
By creating a separate system of rights and by injecting language
and titles not understood or easily incorporated into existing real
life events and transactions, the civil union law has failed to fulfill
its promise of equality.14
Additionally, the Commission heard testimony that New Jersey's Civil Union Act is likely not to
provide equality with the passage of time. An expert from Vermont, which in 2000 became the
first jurisdiction in the United States to enact a civil union law, testified that civil union couples
there still face problems with the law today. In fact, as a result of the inequities, Vermont has
established a new commission to study whether to amend its state law to now provide full
marriage equality to its same-sex committed couples.
This Commission also heard testimony that the term “marriage,” were it applied to the
relationships of same-sex couples, could remedy the shortcomings of the Civil Union Act and
make a significant difference in providing equality to same-sex couples in New Jersey, even with
the challenges of federal law not recognizing same-sex relationships. An expert from
Massachusetts, which in 2004 became the first U.S. state to allow same-sex couples to marry,
testified that same-sex married couples there do not face many of the problems that New Jersey
and Vermont civil union couples face today, even in the context of federal law.
This Commission also recognizes that the number of complaints filed to date by civil union
couples with the state Division on Civil Rights — the agency responsible for investigating noncompliance
with the Civil Union Act — cannot by itself be considered an accurate barometer of
the Act’s effectiveness. Compared to the number of couples who have filed complaints with the
Division on Civil Rights—six as noted by the New Jersey Family Policy Council15—a
significantly higher number of couples testified at the Commission’s public hearings about how
employers refuse to recognize their civil unions. In addition, advocacy organizations have
received, and newspaper investigations have reported, many more cases of the Act’s
ineffectiveness than have been filed with the Division. So, while the Division does investigate
all verified complaints of discrimination filed with its offices, it is clear that many more
complaints have been filed with third-party advocacy organizations.
Among those who participated in the hearings were representatives of:
• New Jersey State Bar Association
• Garden State Equality16 (GSE)
6
• New Jersey Family Policy Council (NJFPC)
• Lambda Legal17
• American Civil Liberties Union of New Jersey (ACLU-NJ)
• National Black Justice Coalition18 (NBJC)
• Parents, Families and Friends of Lesbians and Gays19 (PFLAG)
• Gay, Lesbian and Straight Education Network20(GLSEN)
• Counsel and plaintiff couples from Lewis v. Harris
• Attorneys who represent same-sex couples
• Leaders of numerous faith communities
• Lawyers and community leaders from Vermont21 and from Massachusetts22
• Same-sex couples, their children and families
• Parents of lesbian, gay, bisexual, transgender, and intersex youth
• Public officials, among others
This report will not recite all the testimony provided at public hearings or submitted in writing to
the Commission. Rather, this report will highlight relevant testimony that will assist the
Commission in answering its Legislative charge. For anyone interested in reviewing all the
public testimony, note that a copy of all transcripts of the public hearings is available at the
Commission’s website located at www.NJCivilRights.org/curc.
CONSISTENT THEMES
1. FOR THE OVERWHELMING MAJORITY OF CIVIL UNION COUPLES WHO TESTIFIED, THE
FEDERAL EMPLOYMENT RETIREMENT INCOME SECURITY ACT, COMMONLY KNOWN BY
ITS ACRONYM ERISA, IS THE REASON EMPLOYERS HAVE GIVEN FOR NOT RECOGNIZING
THEIR CIVIL UNIONS.
Under ERISA,23 “self-insured” companies – companies which create their own insurance plans
but may hire outside agencies to administer them – claim governance by federal law rather than
state law. In turn, because of the federal Defense of Marriage Act,24 any federal statute or
regulation that provides benefits to spouses, husbands, wives, or married couples applies only to
marriages between one man and one woman, thus resulting in covered employers continuing to
discriminate against same-sex couples.
Practically speaking, companies covered by ERISA, which comprise an estimated 50 percent of
all companies in New Jersey, have an option, rather than a requirement, to offer equal benefits
under the state’s Civil Union Act. Many companies are not exercising that option, even if State
law, as is the case in New Jersey, provides that spouses and civil union partners are entitled to
identical treatment.
7
Additionally, being in a civil union can have a broad negative impact on couples whose civil
unions are not recognized by their employers.
A registered nurse from Commercial Township told the Commission she received a letter from
her employer, telling her that the hospital where she works would not be providing health
insurance for her partner:
It falls under the federal ERISA program, as someone else stated.
Our hospital is self-insured. Therefore, there is a loophole and
they do not provide her with health insurance.
So I wrote them a letter, a lengthy letter, reminding them of some
of the things that I had provided for the hospital through the years
and asked them to reconsider their decision. They never answered
my letter.
So when I made the decision to come here tonight, I again called
my human resources director and I said, ‘You know, I'm going to
go up and I'm going to testify in front of this Commission.’ Well,
you can't imagine how fast my phone rang. I don't know where
this is going to go, but I know that my partner and I have seriously
considered dissolving our civil union, because it has put us in a
tremendously precarious financial position. Because now in the
event that something happens with her and she has no insurance
coverage, our entire estate is in jeopardy, rather than just half.25
2. IN MASSACHUSETTS, A MARRIAGE EQUALITY LAW HAS PROMPTED MANY EMPLOYERS
TO PROVIDE EQUAL BENEFITS TO SAME-SEX WIVES OR HUSBANDS.
Tom Barbera, a Massachusetts labor leader who works for the Service Employees International
Union and served as Vice President of the Massachusetts AFL-CIO, testified:
From the immediate weeks after May 17, 2004, when marriage
equality took effect in Massachusetts, right on through today,
ERISA has barely been an issue in Massachusetts. In the first
weeks of marriage equality, only a very few companies chose not
to provide retirement benefits under ERISA to same-sex married
couples. And from the day our marriage equality law took effect
through today, civil rights organizations in Massachusetts, as well
8
as our state government, have received virtually no
complaints about companies not providing health care benefits to
same-sex married couples.
It's not that ERISA-covered employers in Massachusetts don't
understand that federal law allows them to refrain from providing
benefits to same-sex married couples. It's that employers also
understand that without the term ‘civil union’ or ‘domestic partner’
to hide behind, if they don't give equal benefits to employees in
same-sex marriages, these employers would have to come forth
with the real excuse for discrimination. Employers would have to
acknowledge that they are discriminating against their employees
because they are lesbian or gay. And employers in Massachusetts
are loathe to do that, as they would be in New Jersey were you
to enact a marriage equality law.
Therefore, the existence of ERISA makes it all the more
important to change the nomenclature of civil unions to marriage.
As we've seen time and again in Massachusetts, the word
‘marriage’ has great persuasive weight in getting companies to
offer benefits notwithstanding ERISA.26
An Essex County electrician gave the Commission a preview of the potential effect of a marriage
equality statute in New Jersey. She testified that when she first sought benefits for her civil
union partner from her union, the union declined, citing ERISA. But when she later revealed she
and her partner had gotten married in Massachusetts, the union reversed itself and granted
benefits.
The electrician told the Commission:
We can all talk about how the civil union law is supposed to work
just like marriage. But in my case and others, it doesn't work that
way in the real world. When you tell your employer or union you
are married, there's something about that word that makes them
recognize your relationship in a way they don't recognize it when
you tell them you are civil union. And because of their respect for
the word marriage, which is something they understand, they are
much less likely to invoke the federal law loophole. That's what
happened with us.27
9
The testimony suggests that numerous employers decline to provide insurance and health
benefits to civil union partners not because of an objection to the government recognition of
same-sex couples, but because of the term used by statutes establishing government sanctioned,
same-sex relationships. In fact, this Commission heard no testimony from civil union couples
indicating that employers have refused to comply with the Civil Union Act because of personal
objections to the law. Early indications suggest that recognition of marriage for same-sex
couples in New Jersey could make a meaningful difference in the area of spousal benefits.
3. THE TESTIMONY PRESENTED BY MANY CIVIL UNION COUPLES INDICATED THAT THEIR
EMPLOYERS CONTINUE TO DISCRIMINATE AGAINST THEM, DESPITE THEIR FAMILIARITY
WITH THE LAW.
Beth Robinson, Chair of Vermont Freedom to Marry and a lawyer who works with same-sex
couples in her state, testified to significant problems with the implementation of Vermont’s civil
union law, more than seven years after its enactment.
I have seen first-hand, both in my law practice and as an advocate,
that a civil union law, even when it’s been on the books for seven
years, too often deprives same-sex couples and their families the
protections that married heterosexual couples take for granted.
Based on the Vermont experience, I can tell you that it’s just not
true that if enough time passes, civil unions will achieve parity
with marriage. Time does not fully mend the inequality inherent in
two separate institutions.
Even now, I field phone calls from individuals whose employers
decline to provide spousal health insurance coverage for their civil
union partners even though those same employers provide spousal
health insurance coverage for heterosexual employees’ spouses.
As you know, some self-insured employers cite the federal law
known as ERISA as a basis for their not recognizing same-sex
relationships.
To this day, we still encounter glitches arising from the creation of
a new legal status that forces employers and others to try to fit a
square peg, civil union, into a round hole, systems relating to
marriage. Just this summer, a same-sex couple joined in civil
union who owned a Limited Liability Company (LLC) business
together had to appeal for intervention by legislators to resolve a
10
misunderstanding with the tax department regarding their
eligibility for a tax exemption provided to LLC owners who are
married to one another.
Two weeks ago, I was on a call-in show, and heard from a state
employee who had discovered that her employer—the state—had
been withholding from her paycheck as if she were liable for a
state tax on the health insurance benefit provided to her partner,
even though the law clearly prohibits such taxation. When she
brought the matter to her employer’s attention, she was told that
her department’s software would not allow for the appropriate nonwithholding.
Who knows how many glitches like this, in both the public and
private sphere, go undetected because people don’t fully
understand their rights, or don’t realize what’s happening.
Judging from our having had a civil unions law on the books for
seven years in Vermont, and still having problems today, I can tell
you that civil unions will likely never provide the equality that
marriage does. It would be incorrect for you, as Commissioners,
or for the elected officials who appointed you, to assume that if we
just give civil unions time, they will work just like marriage.28
4. CIVIL UNION STATUS IS NOT CLEAR TO THE GENERAL PUBLIC, WHICH CREATES A
SECOND-CLASS STATUS.
A common theme in the testimony gathered by the Commission was that while marriage is
universally recognized by the public, civil union status must be explained repeatedly to
employers, doctors, nurses, insurers, teachers, soccer coaches, emergency room personnel and
the children of civil union partners.
The testimony suggests that the need to explain the legal significance of civil union status to
decision makers and individuals who provide vital services is more than a mere inconvenience.
One witness showed the Commissioners a “flash drive” that he and his partner keep on key
chains. The flash drives contain living wills, advanced health care directives, and powers of
attorney for the couple, as they fear being unable to adequately explain their relationship to
emergency room personnel during a medical crisis. The witness testified that mixed-gender,
married couples need not live with this uncertainty because a mere declaration that someone is
11
the “wife,” “husband,” or “spouse” of someone who is ill will provide immediate access and
decision-making rights.
This testimony mirrored comments provided by many witnesses regarding medical personnel,
school officials and government workers who denied access and decision-making authority to
civil union partners, either initially or completely, because of a lack of understanding of the
rights that flow from civil unions. Many witnesses said they would not have encountered the
same level of resistance, or no resistance at all, had they been able to identify themselves as
married.
Witnesses called the two-tier system created by the Civil Union Act “an invitation to
discriminate” and a “justification to employers and others” to treat same-sex couples as “less
than” married couples. Many witnesses testified that without the governmental endorsement of
differential treatment, many employers with ERISA-covered plans would be less inclined to
deny benefits to same-sex couples. In addition, several witnesses offered their view that
relatives, medical caregivers, and individuals in positions of authority take cues from the
government's decision to place same-sex couples outside of the institution of marriage.
According to the testimony, the Civil Union Act amounts to a tacit endorsement of
discriminatory treatment.
5. THE CIVIL UNION ACT HAS A DELETERIOUS EFFECT ON LESBIAN, GAY, BISEXUAL,
TRANSGENDER, AND INTERSEX (LGBTI) YOUTH AND CHILDREN BEING RAISED BY
SAME-SEX COUPLES.
Several clergy members and parents of LGBTI children testified that the statutory designation of
same-sex couples as “other than” and, impliedly, “less than” mixed-gender couples interferes
with the ability of LGBTI youth to accept their sexuality.
According to the witnesses, gay and lesbian youth are harmed by the reality that their
heterosexual siblings and age mates may expect to enter into marriages, but that the government
has declared that LGBTI people cannot have that expectation and must settle for a secondary
status as civil union couples.
A Montclair resident, the parent of three sons, one of whom is gay, testified that her gay son told
her when he was sixteen: “You know, all I really want is to get married and have children.”
12
She continued:
‘Well,’ I said, ‘you have several friends whose parents are gay, …
Montclair is a pretty good place to be gay.’ And he looked up at
me. He kind of stared at me. He said, ‘But they're not married.’
And suddenly I got it. In a flash I knew my son is acutely and
perpetually aware that he is a second-class citizen and that he
cannot attain the status that the rest of us treasure.29
A Bergen County couple, who have adopted five young children, testified:
Our children have asked many questions. One of the questions …
asked of us was, ‘If all men are created equal, why can't you and
Poppy get married?’ I can't answer that question at this time. One
of the most recent questions that came up by one of my children
was, ‘I don't understand how someone on TV who has murdered
someone can get married, but you and Poppy cannot.’30
An attorney and partner in a small law firm in Springfield testified about a family discussion in
which his partner’s young nephew, to whom he is godfather, asked his mom:
‘If you and daddy are married and Uncle Timmy and Aunt Nancy
are married and Aunt Debby and Uncle Bruce are married, why
can't Uncle Bob and Uncle Chris get married?’
Lucas' mother told him ‘Because it's against the law.’ Lucas' reply
was, ‘Does that mean they're criminals, mommy?’31
6. MANY WITNESSES TESTIFIED ABOUT THE UNEQUAL TREATMENT AND UNCERTAINTIES
THEY FACE DURING A HEALTH CARE CRISIS, PARTICULARLY IN HOSPITAL SETTINGS.
A woman from South Jersey testified about her experiences at two local hospitals:
I was asked, ‘Are you married, single, widowed, divorced?’ I
said, ‘I'm partnered.’ Then I was asked, ‘Legally?’ Again, I was
shocked. I said, ‘Well, do you ask the married folks that?’ ‘No, I
don't.’ ‘So why are you asking me?’
13
Another incident was when I was going for a test, when I had to be
put under. I was telling the nurse that my partner was in the
waiting room. If any decisions had to be made while I was
unconscious, she was to make those decisions. Again I was asked,
‘Is she your legal partner?’ ‘Yes, she is.’ ‘Do you have your
certificate with you?’
I wasn't convinced she would go out and grab my partner should
something have happened to me.32
An Episcopal clergy-member from northern New Jersey who is in a civil union testified:
I've had to go through some medical testing and hospitalizations
for surgery. In our own UMDNJ right in Newark, when I got
there, they asked if I had a spouse. I said ‘yes’ and I told them.
They didn't know where to list him, because there was nothing on
the form that said anything about civil unions.
Just about two weeks ago I went to the new doctor I was referred
to. There was no place on the form for civil unions. My
experience, in general, most people in our communities look at this
as a second-class marriage, sort of. I don't even know if we would
use the term ‘marriage,’ it is below marriage. It is another form
and they know that is not the same.33
7. INSTITUTIONAL INTERACTION WITH CIVIL UNION COUPLES HAS BEEN LESS THAN
OPTIMAL.
Several witnesses spoke of the lack of a “married/civil unioned” or “civil unioned” option on
government agency forms, leaving civil union couples in a quandary as to which box to check,
“married” or “single.” These couples expressed anger at having to consider checking off
“single.” In addition, some testimony suggested that civil union partners have experienced some
difficulty in obtaining government services which are required by law to be available to civil
union partners.
Ed Barocas, Legal Director of the American Civil Liberties Union of New Jersey, and an
attorney in the Lewis v. Harris case, testified that:
14
A quick example, last week I went to a bank to open a line of
credit. In so doing, I was asked whether I was single or married.
A married man would simply say, ‘Well, I’m married.’ I asked the
employee what I should do if I was in a civil union. The employee
responded that he didn’t think New Jersey allowed civil unions.
So after explaining the law, I asked again what I was required to
put down. He said that civil unions were simply not contemplated
in the bank’s computer system and he didn’t know what the proper
answer would be or how he could proceed.34
A woman who purchased real estate in Brick, New Jersey and Florida stated the following:
I had to explain to my own insurance company and send them a
copy of our civil union from Vermont to have my name or to even
speak to them with regard to purchasing insurance for our home
here in New Jersey. I didn’t have to do that in Florida.35
A man who entered into a civil union testified:
And also when I went to the DMV to change my name, our names,
we both want the same last name. And at first they wouldn’t do it.
They said either I had to take his last name or we could both
hyphenate our names with our married husband’s name at the end.
But we couldn’t both have the same name.
And finally, the manager of the DMV we went and got him.
Coincidentally, the same day as our civil union, he was at a civil
union. He said his friends are having the same problem. He said,
‘Well, no one’s told me that I can’t do this. So I’ll do it until they
tell me I can’t.’ Still I had—we were there like an hour trying to
get it done.36
A state employee who lives in Mount Laurel testified about being called to jury duty and having
a judge ignore the possibility that some New Jersey residents are in civil unions. She told this
Commission:
So I'm sitting there waiting for my turn to be called up and be
asked all the questions that the judge was going through. I felt like
15
I was hit with a ton of bricks, because the judge repeatedly asked
every person, ‘Are you single, are you married?’ I'm thinking,
how do I answer that, because I am not. I'm not single, I'm not
married. I'm in a court of law and here is a judge qualifying
candidates for the jury, and what I am is not represented in any
way.37
8. TESTIMONY INDICATES THAT THE CIVIL UNION ACT HAS A PARTICULARLY DISPARATE
IMPACT ON PEOPLE OF COLOR.
Dr. Sylvia Rhue, Director of Religious Affairs for the National Black Justice Coalition, testified:
Fourteen percent of lesbian, gay, bisexual, transgender and intersex
Americans are African-American. Forty-five percent of African-
American same-sex couples reported stable relationships of five
years or longer on the United States census.
When employers fail to recognize civil unions as equal to
marriage, the couples who get hurt the most are poor couples who
are often African-American couples, who cannot afford thousands
of dollars to hire fancy lawyers to draft documents like wills,
health care proxies, and powers of attorney.
And when employers fail to recognize civil unions as equal to
marriage and deny health care benefits to civil union partners,
there's a profound effect on those families' health care. Who are
among the families who can least afford cuts in their health care?
African-American families. Approximately one in five African-
Americans is currently without health insurance, some of whom
are in same-sex relationships.38
Rev. Anahi Galante, an interfaith minister in Jersey City who works with many in the Latino and
Latina community, testified:
Latinos now compromise 13.3 percent of the New Jersey
population. Same-sex couple households in which both partners
are Latino or Latina earn at least $25,000 less on average per year
than white same-sex couple households. Given the income and
other disparities between Latino and Latina same-sex couples and
16
much of the rest of the society, Latino and Latina people in New
Jersey are among those being hurt most by our State's continued
denial of marriage equality.39
9. THE REQUIREMENT THAT SAME-SEX COUPLES DECLARE CIVIL UNION STATUS, A
SEPARATE CATEGORY RESERVED FOR SAME-SEX COUPLES, EXPOSES MEMBERS OF THE
UNITED STATES MILITARY TO THE “DON’T ASK, DON’T TELL” POLICY.
Leslie Farber, an attorney in Montclair who chairs the GLBT40 Rights Section of the New Jersey
State Bar Association, spoke of one of her clients, whose partner serves in the United States
military. With the couple’s permission, she testified on their behalf, because they feared
testifying in person:
The serviceman will be called to duty overseas in the near future.
My client wants to protect his committed life-partner, so that his
partner leaves stateside with as many protections and benefits as he
can. A New Jersey civil union may be able to provide many of
those benefits and protections. But a designation of ‘civil union’ is
a factual statement this serviceman is a gay man and thus violates
the U.S. military’s policy of ‘Don’t Ask, Don’t Tell.’41
10. THE CLASSIFICATION OF CIVIL UNION MAY PLACE MARITAL STATUS IN QUESTION WHEN
ONE OR BOTH OF THE PARTNERS IS TRANSGENDER.
Ms. Farber also testified on behalf of couples where one of the partners has had gender
reassignment surgery:
[A] client of my own, who wishes to remain anonymous for the
same reasons, was a man who legally married a woman about 20
years ago and recently is transsexual. This client went through
sexual reassignment surgery and is now legally a woman.
However, the entire family remains together and is happy.
However, even though the same two people remain married to
each other because of her gender change this client is now married
to another woman; in other words, a legally married same-sex
couple in New Jersey. However, this client is concerned that she
now is at risk of having her once valid marriage downgraded to a
civil union. Is this what the legislation intended? Isn’t it truly
17
cruel to leave this family in legal limbo? And, of course, marriage
equality would solve this problem instantly.42
A male-to-female transgender person from New Milford, New Jersey who married a woman 27
years ago testified:
There is not one straight couple in this state who has been harmed
because we are in a same-sex marriage. Nobody has been hurt.
When someone has gender reassignment surgery, the State of New Jersey considers that person
to be of a new gender. Thus, if that person had been married before, he or she is now part of a
same-sex married couple. But because New Jersey does not recognize same-sex married couples
as married, are such couples still considered married under state law? The Commission will
continue to study the effects of the Civil Union Act on transgender couples.
CONCLUSION
As a result of public hearings and testimony provided to the New Jersey Civil Union
Review Commission in 2007, the Commission unanimously issues the herein first interim report,
which reveals:
1. For the overwhelming majority of civil union couples who testified, the federal
Employment Retirement Income Security Act, commonly known by its acronym
ERISA, is the reason employers have given for not recognizing their civil unions.
2. In Massachusetts, a marriage equality law has prompted many employers to
provide equal benefits to same-sex wives or husbands.
3. The testimony presented by many civil union couples indicated that their
employers continue to discriminate against them, despite their familiarity with the
law.
4. Civil union status is not clear to the general public, which creates a second-class
status.
5. The Civil Union Act has a deleterious effect on lesbian, gay, bisexual,
transgender, and intersex youth and children being raised by same-sex couples.
6. Many witnesses testified about the unequal treatment and uncertainties they face
during a health care crisis, particularly in hospital settings.
18
7. Institutional interaction with civil union couples has been less than optimal.
8. Testimony indicates that the Civil Union Act has a particularly disparate impact
on people of color.
9. The requirement that same-sex couples declare civil union status, a separate
category reserved for same-sex couples, exposes members of the United States
military to the “Don’t Ask, Don’t Tell” policy.
10. The classification of civil union may place marital status in question when one of
the partners is transgender.
The Commission further recognizes the need for additional evaluation and review, in
accordance with the New Jersey Civil Union Act. As such, it will be scheduling public
meetings in 2008 to obtain further information and data from interested parties, including
members of the public, State agencies, businesses, and others, in accordance with the
Commission’s statutory mission. The Commission will continue to study, evaluate and
report its findings and recommendations until the issuance of a final report within three
years of the creation of this Commission, in accordance with the Act.
J. Frank Vespa-Papaleo, Esq., Chairman
Steven Goldstein, Esq., Vice Chairman
Stephen J. Hyland, Esq., Secretary
Barbara G. Allen, Esq.
Rev. Charles Blustein Ortman
Robert Bresenhan, Jr.
Barbra Casbar Siperstein
Sheila Kenny, Esq.
Joseph A. Komosinski
Erin O’Leary, Esq.
Melissa H. Raksa, DAG
Elder Kevin E. Taylor
19
ENDNOTES
1 N.J.S.A. 37:1-30, et seq.
2 N.J.S.A. 37:1-36.
3 N.J.S.A. 37:1-36b.
4 On February 5, 2007, Governor Jon S. Corzine nominated a member of the public for membership to the
Commission. To date, the position remains vacant.
5 The Commission acknowledges the assistance of the following individuals from the Division on Civil Rights staff:
Estelle Bronstein, Esq., Benn Meistrich, Esq., Ralph Menendez, Esther Nevarez, Nancy Reinhardt, and former staff
member Bear Atwood, Esq.
6 The Commission also wishes to acknowledge the invaluable work of its former member, the Honorable Patrick
DeAlmeida, who resigned from the Commission upon his appointment to the State Judiciary.
7 N.J.S.A. 37:1-36c.
8 N.J.S.A. 37:1-36c(6).
9 N.J.S.A. 37:1-36c(7).
10 The New Jersey State Bar Association’s mission is “[t]o serve, protect, foster and promote the personal and
professional interests of its members; [t]o serve as the voice of New Jersey attorneys to other organizations,
governmental entities and the public with regard to the law, legal profession and legal system; [t]o promote access to
the justice system, fairness in its administration and encourage participation in voluntary pro bono activities; [t]o
foster professionalism and pride in the profession and the NJSBA; [t]o provide educational opportunities to New
Jersey attorneys to enhance the quality of legal services and the practice of law.; and [t]o provide education to the
New Jersey public to enhance awareness of the legal profession and legal system.” See www.njsba.com.
11 Transcript 9/26/07, p. 7.
12 Transcript 9/26/07, p. 8-9.
13 The American Civil Liberties Union of New Jersey (ACLU-NJ) is the 15,000-member state chapter of a national
organization which “is the leading organization dedicated to defending and extending civil liberties for all people in
this country.” See www.aclu-nj.org.
14 Transcript 10/24/07, p. 8.
15 The New Jersey Family Policy Council is an organization whose stated mission is “to intervene and respond to
the breakdown that the traditional family, the cornerstone of a virtuous society, is experiencing.” See
www.njfpc.org.
16 Garden State Equality, consisting of 22,000 members, is New Jersey’s statewide organization advocating equality
for the lesbian, gay, bisexual, transgender and intersex community. See www.GardenStateEquality.org.
17 Lambda Legal is a national organization “committed to achieving full recognition of the civil rights of lesbians,
gay men, bisexuals, transgender people and those with HIV through impact litigation, education and public policy
work.” See www.lambdalegal.org.
20
18 The National Black Justice Coalition is a “civil rights organization dedicated to empowering Black same-genderloving,
lesbian, gay, bisexual, and transgendered people. The Coalition works with our communities and our allies
for social justice, equality, and an end to racism and homophobia.” See www.nbjc.org.
19 Parents, Families and Friends of Lesbians and Gays (PFLAG), with over 200,000 members, “promotes the health
and well-being of gay, lesbian, bisexual and transgender persons, their families and friends through: support, to cope
with an adverse society; education, to enlighten an ill-informed public; and advocacy, to end discrimination and to
secure equal civil rights.” See www.pflag.org.
20 The Gay, Lesbian & Straight Education Network (GLSEN) “strives to assure that each member of every school
community is valued and respected regardless of sexual orientation or gender identity/expression.” See
www.glsen.org.
21 The Vermont Civil Union Law went into effect July 1, 2000. See 18 V.S.A. § 42 (2000).
22 Massachusetts same sex marriages were recognized as of May 17, 2004 by the finding of the Supreme Judicial
Court of Massachusetts in Goodridge v. Department of Public Health, 798 N.E. 2d 941 (Mass. 2003).
23 The Employee Retirement Income Security Act, 29 U.S.C. Chapter 18.
24The Defense of Marriage Act, 28 U.S.C. § 1738C.
25 Transcript 10/10/07, p. 21-24.
26 Transcript 9/26/07, p. 37-40.
27 Transcript 9/26/07, p. 43-45.
28 Transcript 9/26/07, p. 33-36.
29 Transcript 9/26/07, p. 59-60.
30 Transcript 9/26/07, p. 57.
31 Transcript 9/26/07, p. 76.
32 Transcript 10/10/07, p. 35.
33 Transcript 10/10/07, p. 11-14.
34 Transcript 10/24/07, p. 9.
35 Transcript 10/24/07, p. 50-51.
36 Transcript 9/26/07, p. 98-99.
37 Transcript 10/10/07, p. 64-67.
38 Transcript 9/26/07, p. 53-57.
39 Transcript 10/10/07, p. 49-53.
40 Gay, Lesbian, Bisexual and Transgender.
41 Transcript 9/26/07, p. 19-22.
21
42 Transcript 9/26/07, p. 21-22.

Brief to Dismiss DWI Summons Based on Police Failure to comply with NJ Attorney General Guideline on DWI /Refusal to give the defendant a copy of the

The mandatory guidelines established by our Attorney General were not followed in this case. The "ATTORNEY GENERAL GUIDELINE: PROSECUTION OF DWI & REFUSAL VIOLATIONS" of January 24, 2005 requires the arresting police officer to give the defendant a copy of the Alcohol Influence Report. The police violated this new AG Guideline.

The Attorney General issued the following Guideline to all Prosecutors and Police on January 24, 2005:


TO: ALL COUNTY PROSECUTORS

ALL MUNICIPAL PROSECUTORS

FROM: PETER C. HARVEY, ATTORNEY GENERAL

SUBJECT: ATTORNEY GENERAL GUIDELINE:

PROSECUTION OF DWI & REFUSAL VIOLATIONS

DATE: January 24, 2005


Section 3 of P.L. 2004, chapter 8, 1 included a provision that the Attorney General shall promulgate guidelines concerning the prosecution of DWI and DWI refusal violations. The Legislative purpose for these Guidelines is “to promote the uniform enforcement of [the DWI and refusal statutes.]”


Therefore, pursuant to P.L. 2004, c.8, §3, and the authority granted to the Attorney General of the State of New Jersey by the Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 et seq., and N.J.S.A. 2B:12-27, the following Guidelines are issued to All County and Municipal Prosecutors for the Prosecution of DWI and Refusal Violations.


These Guidelines replace all previously issued memoranda from the Division of Criminal Justice or the Attorney General, regarding the Standard (Refusal) Statements for DWI refusal,

CDL/DWI refusal and OVWI refusal. Please inform all of the police departments and law enforcement agencies in your county.

These Guidelines do not, however, replace or rescind any Attorney General Law Enforcement Directives issued regarding DWI or DWI related subjects. E.g., Attorney General........


On page 20 of the Attorney General Guideline, the defendant shall be given a copy of the Alcohol Influence Report. The police violated the Attorney General Guideline, and failed to provide the defendant, after processing, with the Alcohol Influence Report.


Guideline- Page 19:

Fulfilling the Statutory Requirements for Implied Consent by Law Enforcement

While at the law enforcement facility, the defendant should also be continuously observed. In addition, during the observation period, and prior to the administration of any chemical breath testing, the provisions of N.J.S.A. 39:4-50.2, N.J.S.A. 39:3-10.24a through e, or N.J.S.A. 12:7-55, regarding implied consent, must have been followed.

Those statutory provisions are:
#1 The police or law enforcement officer “shall inform the person
tested of his[/her] rights” to be furnished with a copy of the record
of any chemical breath tests administered. [This was not done in this case.]

This first provision is designed to inform the defendant that a record of any chemical breath tests administered will be made and that the defendant is entitled to receive a copy of that record. N.J.S.A. 39:4-50.2(b); N.J.S.A. 39:3-10.24b; N.J.S.A. 12:7-55b. That record, pursuant to

N.J.A.C. 13:51-3.6(a)2, is the “Alcohol Influence Report Form, Breathalyzer Check List.”

N.J.A.C. 13:51 Appendix. With the introduction of the Alcotest® 7110 MKIII-C, a printed record, in the form of an Alcohol Influence Report, will be automatically printed by the...


Guideline- Page 20:

Alcotest® 7110 MKIII-C. N.J.A.C. 13:51-3.6(c)2.

Following the administration of any breath tests, regardless of the results obtained, and the normal processing of a defendant, the defendant should be given a copy of the Alcohol Influence Report.


#2 The person “shall be permitted to have such samples taken and
chemical tests of his[/her] breath, urine or blood made by a person
or physician of his own selection.”


This second provision is designed to inform the defendant of his/her statutory right to obtain an independent test of their own breath, blood or urine. N.J.S.A. 39:4-50.2(c); N.J.S.A. 39:3-10.24c; N.J.S.A. 12:7-55c. State v. Jalkiewicz, 303 N.J. Super. 430, 432, 434, 435 (App. Div. 1997), questioning State v. Broadley, 281 N.J. Super. 230 (Law Div. 1992), certif. den. 135 N.J. 468 (1994); State v. Hicks, 228 N.J. Super. 541, 544 (App. Div. 1988), certif. den. 127 N.J. 324 (1990); State v. Ettore, 228 N.J. Super. at 30-1.



Guideline- Page 18: The need to obtain chemical breath test evidence, in a prompt manner, due to the speed with which alcohol is dissipated by the body is also discussed.


Guideline- Page 19: Breath samples are a nontestimonial form of evidence. State v. Macuk, 57 N.J. 1, 14 (1970). Accordingly, a defendant

does not have a Fifth Amendment right to consult with an attorney

before taking the test, nor does a defendant have a right to have an

attorney present when the test is performed. State v. Leavitt, 107

N.J. 534, 536, 540 (1987); see also, Macuk, supra, 57 N.J. at 16,

(holding that police officers are not required to give defendants

Miranda warnings prior to administration of [a B]reathalyzer test

because "fundamental reason for the Miranda rules is just not

present"). Additionally, because breath sample evidence "is

evanescent and may disappear in a few hours," State v. Dyal, 97

N.J. 229, 239 (1984), police must administer the [B]reathalyzer test

within a reasonable time after the arrest in order to obtain an

accurate reading. Leavitt, supra, 107 N.J. at 541; see also, State v.

Pandoli, 109 N.J. Super. 1, 4 (App. Div. 1970) (noting "rapidity

with which the passage of time and physiological processes tend to

eliminate evidence of ingested alcohol in the system"); State v.

Corrado, 184 N.J. Super. 561, 568 (App. Div. 1982) (holding

one-hour delay in consenting to take [a B]reathalyzer test violated

Implied Consent Law).

State v. Widmaier, 157 N.J. at 487-8.

The Defense has filed this motion to Dismiss the DWI and refusal Summons Based on Police Failure to comply with NJ Attorney General Guideline on DWI and Refusal. The police failed to abide by this mandatory instruction. Therefore, violation of an Attorney General guideline should result in dismissal.


NJSA 39:4-50.3. sets forth the Method of analyses; approval of techniques; certification of analysts; reports; forms in DWI cases in New Jersey"

"Chemical analyses of the arrested person's breath, to be considered valid under the provisions of this act, shall have been performed according to methods approved by the Attorney General, and by a person certified for this purpose by the Attorney General. The Attorney General is authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct such analyses, and to make certifications of such individuals, which certifications shall be subject to termination or revocation at the discretion of the Attorney General. The Attorney General shall prescribe a uniform form for reports of such chemical analysis of breath to be used by law enforcement officers and others acting in accordance with the provisions of this act. Such forms shall be sequentially numbered. Each chief of police, in the case of forms distributed to law enforcement officers and others in his municipality, or the other officer, board, or official having charge or control of the police department where there is no chief, and the Director of the Division of Motor Vehicles and the Superintendent of State Police, in the case of such forms distributed to law enforcement officers and other personnel in their divisions, shall be responsible for the furnishing and proper disposition of such uniform forms. Each such responsible party shall prepare or cause to be prepared such records and reports relating to such uniform forms and their disposition in such manner and at such times as the Attorney General shall prescribe."

Therefore, if a Police officer fails to follow the methods and forms of the Attorney General, any breath test is invalid.



The Appellate Division recently court recognized that all Police Officers are bound by Attorney General Guidelines.

See In the Matter of William Carroll, 339 N.J. Super. 429 (App. Div. 2001) for a discussion of AG Guidelines and their enforceability. Judge [now Justice] Wallace wrote:

"In this regard we note that the Attorney General is the chief law enforcement officer of this State. N.J.S.A. 52: 17B s-98. The Legislature has authorized the Attorney General to provide for "uniform and efficient enforcement of the criminal law and the administration of criminal justice throughout the State." Ibid. Consistent with this authority, the Attorney General has issued guidelines concerning the appropriate application of the criminal laws.

Our Supreme Court has acknowledged the validity of various guidelines issued by the Attorney General. See generally State v Brimage, 153 N.J. 1, 24-25 (1998) (the Attorney General was instructed to reevaluate and issue new plea offer guidelines to assist all counties in consistently applying the Comprehensive Drug Reform Act of 1997); Doe v. Poritz, 142 N.J. 1, 109-111 (1995)(holding constitutional, as modified, Attorney General's Guidelines for implementation of convicted sex offender registration and community notification statutes); Rawlings v. Police Dep't of Jersey City, 133 N.J. 182, 192 (1993) (Court cites with approval the Attorney General's Law Enforcement Drug Screening Guidelines); State v. Lagares, 127 N.J. 20, 32 (1992) (Court requires the Attorney General to issue guidelines which will assist prosecutors in rendering uniform decisions concerning enhanced drug testing)."

If a police officer fails to follow Attorney General's Guidelines on DWI and does not give the defendant a copy of the Alcohol Influence Report Form, then the DWI and/or refusal should be dismissed or reading suppressed.

Fiduciary Duties, Obligations and Liabilities

Intestate Succession

When no Will exists, Real and Personal property is not distributed according to the decedent person's desires. Rather, it is distributed according to the statutes of New Jersey.

The net estate remaining after deduction of debts, taxes, family exemptions, etc., would be distributed under the Statutes governing Decedent's Estates.

APPOINTMENT OF ADMINISTRATOR OR PERSONAL REPRESENTATIVE

When there is no Will, an administrator, administratrix, or personal representative is appointed by the Court. Any close relative may be appointed.

For an individual or a bank to be appointed administrator or personal representative, all other heirs must renounce their rights. In most cases, a surety bond must be furnished by paying a premium to a surety company for signing this bond.

If all heirs cannot agree on who will serve as an administrator, then the heir requesting to be appointed as administrator must have their attorney file a Complaint and Order to Show Cause to request the court appoint you as administrator.

MINIMUM DUTIES OF ADMINISTRATOR

ACCORDING TO THE MIDDLESEX COUNTY SURROGATE WEBSITE, THERE ARE MANY RESPONSIBILITIES OF THE ADMINISTRATOR, See http://www.co.middlesex.nj.us/surrogate/yourwill.asp#dyi

1. The Administrator of an intestate estate (no Will) is obligated to notify the Attorney General of the State of New Jersey, in the event that there are no surviving heirs. In this case, the net proceeds of the estate would escheat to the State of New Jersey.

2. The Administrator is responsible for determining and marshaling all assets of the estate. An estate checking account is opened from which bills are paid. It may be necessary to secure a Federal ID number for the estate. You can call the IRS AT 800-829-1040 for an ID number.

3. The Administrator is responsible for all debts, last illness expenses, inheritance and estate taxes, and administrative expenses from the decedent's assets.

4. The Administrator is responsible for filing appropriate State and Federal tax forms as applicable, and forwarding any tax payments due.

5. The Administrator is entitled to a commission of 5% of the value of the gross estate (for estates up to $200,000.00) and 6% on income if they handle the estate properly.

6. The Administrator shall prepare an accounting of the estate assets and disbursements and proposed distribution, which accounting may be proved informally by each beneficiary/heir acknowledging his approval of same. In the alternative, the Superior Court of New Jersey approves a Formal Accounting. Filing fee for the Informal Accounting is $5.00 per page.

7. The Executor has the obligation to distribute the net estate in a timely manner, in accordance with the terms of the will. The Administrator distributes in accordance with the intestate laws of the State of New Jersey. A copy of the relevant New Jersey Statutes is available at the Law Library, which is located on the second floor of the Middlesex County Courthouse.

8. Prior to the distribution, each beneficiary shall execute a Refunding Bond and Release. Upon receipt of the executed document, the Administrator issues payment. The original refunding Bonds and Releases are filed with the Surrogate. The filing fee is $5.00 per page.

9. The Administrator is required by NJ law to initiate a child support enforcement order for any beneficiary receiving in excess of $2,000.00, prior to distribution of any money to the beneficiary. The search should be conducted by a private judgment search company that will verify results.

ADMINISTRATOR OF A PROBATE ESTATE- OTHER DUTIES AND RESPONSIBILITIES

The procedures in an Estate Administration may take from six months to several years, and a client’s patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.

Some of the Duties of the Administrator in Probate Estate Administration

1. Conduct a thorough search of the decedent's personal papers and effects for any evidence which might point you in the direction of a potential creditor;

2. Carefully examine the decedent's checkbook and check register for recurring payments, as these may indicate an existing debt;

3. Contact the issuer of each credit card that the decedent had in his/her possession at the time of his/ her death;

4. Contact all parties who provided medical care, treatment, or assistance to the decedent prior to his/her death;

Your attorney will not be able to file the NJ inheritance tax return until it is clear as to the amounts of the medical bills. Medical expenses can be deducted in the inheritance tax.

Under United States Supreme Court Case, Tulsa Professional Collection Services, Inc., v. Joanne Pope, Executrix of the Estate of H. Everett Pope, Jr., Deceased, the Administrator/ Personal Representative in every estate is personally responsible to provide actual notice to all known or "readily ascertainable" creditors of the decedent. This means that is your responsibility to diligently search for any "readily ascertainable" creditors.

Other duties/ Administrator to Do

Let's review the major duties involved-

In General. The administrator's job is to (1) administer the estate--i.e., collect and manage assets, file tax returns and pay taxes and debts--and (2) distribute any assets or make any distributions of bequests, whether personal or charitable in nature, as the deceased directed (under the provisions of the Will). Let's take a look at some of the specific steps involved and what these responsibilities can mean. Chronological order of the various duties may vary.

Probate. An employer identification number ("EIN") must be obtained for the estate; this number must be included on all returns and other tax documents having to do with the estate. The administrator should also file a written notice with the IRS that he/she is serving as the fiduciary of the estate. This gives the administrator the authority to deal with the IRS on the estate's behalf.

Pay the Debts. The claims of the estate's creditors must be paid. Sometimes a claim must be litigated to determine if it is valid. Any estate administration expenses, such as attorneys', accountants' and appraisers' fees, must also be paid.

Manage the Estate. The administrator takes legal title to the assets in the probate estate. The probate court will sometimes require a public accounting of the estate assets. The assets of the estate must be found and may have to be collected. As part of the asset management function, the administrator may have to liquidate or run a business or manage a securities portfolio. To sell marketable securities or real estate, the administrator will have to obtain stock power, tax waivers, file affidavits, and so on.

Take Care of Tax Matters. The administrator is legally responsible for filing necessary income and estate-tax returns (federal and state) and for paying all death taxes (i.e., estate and inheritance). The administrator can, in some cases be held personally liable for unpaid taxes of the estate. Tax returns that will need to be filed can include the estate's income tax return (both federal and state), the federal estate-tax return, the state death tax return (estate and/or inheritance), and the deceased's final income tax return (federal and state). Taxes usually must be paid before other debts. In many instances, federal estate-tax returns are not needed as the size of the estate will be under the amount for which a federal estate-tax return is required.

Often it is necessary to hire an appraiser to value certain assets of the estate, such as a business, pension, or real estate, since estate taxes are based on the "fair market" value of the assets. After the filing of the returns and payment of taxes, the Internal Revenue Service will generally send some type of estate closing letter accepting the return. Occasionally, the return will be audited.

Under increasingly complex laws and rulings, particularly with respect to taxes, in larger estates an administrator can be in charge for two or three years before the estate administration is completed. If the job is to be done without unnecessary cost and without causing undue hardship and delay for the beneficiaries of the estate, the administrator should have an understanding of the many problems involved and an organization created for settling estates.

At some point in time, you may be asked to serve as the administrator of the estate of a relative or friend, or you may ask someone to serve as your administrator. An administrator's job comes with many legal obligations. Under certain circumstances, an administrator can even be held personally liable for unpaid estate taxes.

Distribute the Assets. After all debts and expenses have been paid, the distribute the assets with extra attention and meticulous bookkeeping by the administrator. Frequently, beneficiaries can receive partial distributions of their inheritance without having to wait for the closing of the estate.
Under increasingly complex laws and rulings, particularly with respect to taxes, in larger estates an administrator can be in charge for two or three years before the estate administration is completed. If the job is to be done without unnecessary cost and without causing undue hardship and delay for the beneficiaries of the estate, the administrator should have an understanding of the many problems involved and an organization created for settling estates. The administrator should retain an attorney experienced in estate administration.

Removing the Administrator who fails to comply with responsibility


Under New Jersey Law, the person who agrees to accept the numerous legal responsibilities following the death of the person needs to liquidate assets, pay bills and taxes, file all necessary court and tax returns, then distribute the assets to beneficiaries. In New Jersey, the court and surrogate do not supervise how an executor or administrator handles the estate. Unfortunately, occasionally the Administrator simply fails to timely carry out their duties. They may fail to file tax returns, fail to keep records, misappropriate funds or ignore instructions under the Will. If you are not satisfied with the handling of the estate, you can have an attorney to file a complaint in the Superior Court.

TO REMOVE THE ADMINISTRATOR, A FORMAL COMPLAINT FOR ACCOUNTING AND REMOVAL MUST BE FILED

A Complaint for Accounting is filed with the Probate Part to request on accounting, removal of the current Administrator and selection of a new person to administer and wrap up the estate. A signed certification of one or more beneficiaries is needed. In addition, an Order to Show Cause is prepared by your attorney. The Order to Show Cause is to be signed by the Judge directing the executor, through their attorney, to file a written answer to the complaint, plus to appear before the court at a specific date and time. As with a litigated court matter, trials can become expensive. Competent elder law/probate attorney may charge an hourly rate of $275-$350 per hour, with a retainer of $3000 needed. Attorneys will require the retainer to be paid in full up front.

Administrator’s commission

Executors are entitled to receive a commission to compensate them for work performed. Under NJSA 3B:18-1 et seq. administrators and other fiduciaries are entitled to receive a commission on both principal of the estate, and income earned by assets. However, if you have evidence the executor has breached their fiduciary duties or violated a law, your Superior Court accounting complaint can request that the commissions be reduced or eliminated.

SALE OF REAL ESTATE AND OTHER PROPERTY
Occasionally, a family member is living in a home owned by the decedent. To keep family harmony, often this family member is permitted to remain in the home temporarily. However, it sometimes later becomes clear that the resident has no desire on moving, and the executor has no intention to make them move or sell the house. The remedy a beneficiary has can be to have your attorney include in the Superior Court complaint a count to
1) remove the executor 2) remove the tenant and make them pay rent to the estate for the time they used the real property since death without paying rent 3) compel the appraisal of the home and thereafter sale of the property 4) make the executor reimburse the estate for the neglect or waste of assets.

CONCLUSION

As a beneficiary, you will probably eventually be requested to sign a release and refunding bond. If you have evidence of misappropriation, you may consider asking the administrator for an informal accounting prior to signing the release and refunding bond. If you have concern regarding the handling of an estate, schedule an appointment to consult an elder law attorney.

Injury HelpLine

Procedurally, the following events occur in most personal injury cases. First, we must complete our investigation and file. This will involve the collection of data from your physician, your employer, and our investigator. When we feel that we have sufficient information to form an opinion as to the financial extent of your damages, we will commence negotiations with the opposition for a settlement.
If that avenue is not productive, then a complaint is filed, and the parties served with notice that a claim has been made. The opposition then is given a fixed time to file what is known as an "Answer." The Answer if usually followed by a request for written interrogatories. These are questions that must be answered by the claimant with the aid of counsel. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question.

The deposition is just as important as the trial itself, and in the event you are deposed during the course of this action, you will receive detailed instructions as to procedure. After taking depositions, the case will be set down for trial. Following the setting of the case for trial, there will be preliminary conferences commonly known as pretrial hearings.

Altogether, these procedures may take from six months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.

Doctor/ Treatment:

It will help your case to tell us and your doctors about any injury or medical problems before or after your accident. Good cases can be lost by the injured person's concealing or forgetting an earlier or later injury or medical problem. Insurance companies keep a record of any and all claims against any insurance company. The insurance company is sure to find out if you have ever made a previous claim.

Tell your doctors all of your complaints. The doctor's records can only be as complete as what you have given. Keep track of all prescriptions and medicines taken and the bills therefor. Also save all bottles or containers of medicine.

You should keep a diary of your experiences since your accident. In addition to this daily record, we also ask you to start describing a single day in the course of your life. In other words, describe what you do when you get up in the morning, the first thing you do after you go to work, what type of work and effort do you put into your employment, what activities you engage in after work, etc.

In other words, we need you to describe the changes in your working life, your playing life, your life as a husband or wife or child or parent. In your written description of your day, we would appreciate your explanation in the greatest detail possible and in your own words how the accident and subsequent injuries have affected your life, your personality, and your outlook.

And remember that suffering does not entail mere physical pain; suffering can be emotional and can be transmitted to your family and friends, at work and at play. When you have completed this description, please return it to this office in the enclosed envelope.

You can also begin to set up a system for recording the expenses incurred in conjunction with your claim in minute detail. Medical and legal expenses are a strong part of the value of your lawsuit, so good records of these expenses must be kept at all times. Your attorney will keep track of your legal expenses, which may include costs of filing, service of process, investigation, reports, depositions, witness fees, jury fees, etc.

From time to time, however, there will be expenses incurred that you must keep track of yourself. We ask you to make every effort to avoid any possible error or inaccuracy as jurors have a relentless reverence for the truth. Keep your canceled checks and your list of expenses together, for we will need them at a later date.

Permit us to reiterate at this time that the opposition's insurance company will in all probability have a team of lawyers and investigators working diligently to counter your claim. During the course of their investigation, it is quite possible that they may attempt to contact you through various (and sometimes, devious) methods. Please do not make their jobs any easier for them by answering their questions.

We cannot emphasize too strongly that you should refrain at all times from discussing this matter with anyone--and that includes your employer, your relatives, your neighbors, and even your friends. Of course, there are exceptions to this rule.

If there are friends or neighbors or relatives who know all of the facts and circumstances surrounding the accident and can be of assistance to you, then they should be referred to this office so that their natural sympathy can be channeled into an effective asset for you.

Insurance companies pay money to claimants when they are satisfied there are both liability and damages that support a recovery. They can be expected to thoroughly investigate the facts of the accident and any past injuries or claims. The insurance company will obtain copies of all of the claimant's past medical records.

The insurance company may telephone you and record the conversation or send an adjuster (investigator) who may carry a concealed tape recorder. You should not discuss your case with anyone.

Obviously, we cannot stress too strongly that you not discuss this matter with anyone but your attorney or immediate, trusted family. You should sign no documents without the consent of this office. Remember that at all times you may be photographed and investigated by the opposition. If you follow the simple precautions which we have set out in your checklist, we feel that we will be able to obtain a fair and appropriate amount for your injuries. If you get any letters from anyone in connection with your case, mail or fax them to your attorney immediately.


Questioning: If any person approaches you with respect to this accident without your attorney's permission, make complete notes regarding the incident. These notes should include the name and address of the party, a description of the person, and a narrative description of what was said or done. Under no circumstances should you answer any question(s). All questions should be referred to your attorney's office.

Bills: Retain all bills which relate to your damages, including medical expenses, hospital expenses, drugs and medicines, therapy, appliances, and anything needed to assist in your recovery. If possible, pay these bills by check or money order, so that a complete record may be kept. If this is not possible, be certain to obtain a complete receipt with the bill heading on it, to indicate where the receipt came from and the party issuing it.

Evidence: Be certain to keep anything that comes into your possession which might be used as evidence in your case, such as shoes, clothing, glasses, photographs, defective machinery, defective parts, foreign substances which may have been a factor in your accident, etc. Be sure to let the office know that you have these items in your possession.

Photographs: Take photographs of all motor vehicles, machinery, appliances, etc., that may be connected--directly or indirectly--with your accident. Again, be sure to let the office know that you have such photographs.

Diary: Keep a diary of all matters concerning this accident--no matter how trivial you think it may be. You should include notes on the treatments you receive, therapy, casts, appliances, hospitalization, change of doctors, change of medication, symptoms, recurrence, setbacks, disabilities and inconveniences. If you have any doubt about the propriety of including some particular information, please call the office and let us assist you.

Keep your attorney advised: Keep this office advised at all times with respect to changes in address, important changes in medical treatment, termination of treatment, termination of employment, resumption of employment, or any other unusual change in your life.

Insurance reports: Before making any report to your insurance company, consult with this office on the advisability of the type of reports to be made concerning liability, medical payment coverage, property damage, or other claims under your policy, or claims against your own policy by a third party.

Lost wages: Keep a complete record of all lost wages. Obtain a statement from your company outlining the time you have lost, the rate of salary you are paid, the hours you work per week, your average weekly salary, and any losses suffered as a result of this accident. Where possible, also obtain other types of evidence such as ledger sheets, copies of time cards, canceled checks, check stubs, vouchers, pay slips, etc.

New information: In the event that any new information concerning the evidence in this case comes to your attention, report this to the Attorney immediately. This is particularly true in the case of witnesses who have heretofore been unavailable.

Surveillance: Remember at all times that you may be under surveillance and, therefore, subject to being photographed or filmed by the adverse party. Be advised that there are cases where photographs and films have been introduced in court showing claimants who were allegedly in serious condition participating in activities which they alleged they were unable to do. You do not have to live in fear of being photographed, of course, if your cause is a just one.

However, when carrying on your usual activities, keep in mind at all times that you are subject to investigation. If you have been seriously injured, do not do anything that will jeopardize your case during the course of your daily life. You should always follow your doctor's advice. If you have to do things which cause you pain, this can usually be explained to the full satisfaction of any court or jury.

There are cases where the insurance agent has attempted to discredit a personal injury plaintiff by taking movies of the claimant engaged in various physical activities. In one case, large rocks weighing over one hundred pounds were placed at the door of the garage during the night so that claimant would have to be forced to remove the rocks in order to drive to work. This, of course, was filmed and used to discredit the plaintiff's claim in court.

Financial Recovery for Car Accident Victims

The following information will help your case proceed and you receive compensation for your injuries:

1. WHILE YOUR PERSONAL INJURY CASE IS PENDING:

CAUTION: It is important that you --

1. DO NOT discuss your case with anyone except your doctors and attorney.

2. DO NOT make any statements or give out any information.

3. DO NOT sign any statements, reports, forms or papers of any kinds, .

4. DO NOT appear at police or other hearings without first consulting with your attorney. INFORM YOUR ATTORNEY PROMPTLY of any notice, request or summons to appear at any such hearings.

5. Refer to your attorney anyone who asks you to sign anything or to make any statement or report or who seeks information concerning your case.

6. Direct your doctor and other treatment providers not to furnish or disclose any information concerning your case to any entity other than your insurance company without YOU AND YOUR ATTORNEY'S WRITTEN PERMISSION.

7. You may have insurance coverage such as liability, collision, accident, Blue Cross, Blue Shield or Major Medical which require prompt attention. However, be sure to have your treatment providers send bills immediately to all of your insurance companies

8. Notify your attorney promptly of any new developments. Small things may be important. Keep your attorney informed.

9. Maintain accurate records of all information and data pertaining to your case.

10. If you or any witnesses should move, be sure to notify your attorney of the new address.

2. Clients should provide my office with the following:

1. Any bills

2. All Hospital or doctor records in your possession.

3. Car Insurance Declaration Sheet

4. Car Insurance Policy

5. Photos of damage to your car and property

6. Photos of accident site

7. Major Med Card

8. Paystub if lost time from work

3. Attorney- Client Confidential Relationship:

First, I want to thank our clients for giving me the opportunity to assist them in their case. I am a legal professional and I have great pride and confidence in the legal services that I perform for clients during our relationship as attorney-client. If you have concerns about your case, please call my office.

We feel that this case is extremely important-not only to you, but to this office as well. This is not simply a matter of obtaining just compensation for you, although that is very important; we take professional pride in guiding our clients carefully through difficult times to a satisfactory conclusion of their cases.

4. Submission of Bills to Car Insurance and Major Medical:

You should submit your medical bills to your own car insurance company first. Your car insurance is required by New Jersey law to provide PIP (Personal Injury Protection) benefits under the No Fault Law. This means your car insurance company, not the careless driver, pay the majority of medical bills. Please provide insurance information to each doctor, MRI facility and treatment provider. Please request they submit bills and attending physician reports to your car insurance company. There is now minimum deductibles under the PIP Law. There is an initial $250.00 deductible, and thereafter your car insurance company pays 80% of medical bills under a medical fee schedule established by the State Dept. of Insurance. Your primary treating doctor must also follow "Care Path". Submit portions of bills the car insurance does not pay to your major medical carrier (ex- Blue Cross, Connecticut General). The Law Office of Kenneth Vercammen can provide a more detailed brochure explaining how car insurance works.

5. Diary:

We want you to keep a diary of your experiences since your accident. In addition to this daily record, we also ask you to start describing a single day in the course of your life. In other words, describe what you do when you get up in the morning, the first thing you do after you go to work, what type of work and effort do you put into your employment, what activities you engage in after work, etc. In other words, we need you to describe the changes in your working life, your playing life, your life as a husband or wife or child or parent. In your written description of your day, we would appreciate your explanation in the greatest detail possible and in your own words how the accident and subsequent injuries have affected your life, your personality, and your outlook. And remember that suffering does not entail mere physical pain; suffering can be emotional and can be transmitted to your family, friends, and co-workers. When you have completed this description, please return it to this office in the enclosed envelope.

Keep a diary of all matters concerning this accident--no matter how trivial you think it may be. You should include notes on the treatments you receive, therapy, casts, appliances, hospitalization, change of doctors, change of medication, symptoms, recurrence, setbacks, disabilities and inconveniences. If you have any doubt about the propriety of including some particular information, please call the office and let us assist you.

6. Record expenses:

You can also begin to set up a system for recording the expenses incurred in conjunction with your claim in minute detail. Medical and legal expenses are a strong part of the value of your lawsuit, so good records of these expenses must be kept at all times.

From time to time, however, there will be expenses incurred that you must keep track of yourself. We ask you to make every effort to avoid any possible error or inaccuracy as jurors have a relentless reverence for the truth. Keep your canceled checks and your list of expenses together, for we will need them at a later date.

Your attorney will keep track of your legal expenses, which may include costs of filing, service of process, investigation, reports, depositions, witness fees, jury fees, etc.

7. Investigation and Filing of Complaint:

Procedurally, the following events occur in most personal injury cases. First, your Attorney must complete our investigation and file. This will involve the collection of information from your physician, your employer, and our investigator. We will need your Doctors to provide us with copies of all bills, medical records and possibly a medical report.

When we feel that we have sufficient information to form an opinion as to the financial extent of your damages, we will commence negotiations with the opposition for a settlement. If the insurance company will not make an adequate offer, then a Complaint and Case Information Statement is prepared by your attorney. It is filed in the Superior Court, Law Division. Your attorney then will prepare a summons and have the defendants personally served with the Summons and Complaint. The defendant, through their insurance company, must file an "Answer" within 35 days.

8. Interrogatory Questions and Discovery:

The Answer is followed by a request for written interrogatories. These are questions that must be answered by each party. The Superior Court has set up certain "Form" Interrogatories which are contained in the Rules of Court. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question. The deposition is just as important as the trial itself. In the event you are deposed during the course of this action, you will receive detailed instructions as to procedure and will be requested to watch a videotape. After taking depositions, the case will be set down for an Arbitration. If the parties do not settle after the Arbitration, the case will be given a trial call date.

Altogether, these procedures may take from six months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.

9. Doctor/ Treatment:

It will help your case to tell us and your doctors about any injury or medical problems before or after your accident. Good cases can be lost by the injured person's concealing or forgetting an earlier or later injury or medical problem. Insurance companies keep a record of any and all claims against any insurance company. The insurance company is sure to find out if you have ever made a previous claim.

Tell your doctors all of your complaints. The doctor's records can only be as complete as what you have given. Keep track of all prescriptions and medicines taken and the bills. Also save all bottles or containers of medicine.

10. Bills:

Retain all bills which relate to your damages, including medical expenses, hospital expenses, drugs and medicines, therapy, appliances, and anything needed to assist in your recovery. If possible, pay these bills by check or money order, so that a complete record may be kept. If this is not possible, be certain to obtain a complete receipt with the bill heading on it, to indicate where the receipt came from and the party issuing it.

11. Evidence:

Be certain to keep anything that comes into your possession which might be used as evidence in your case, such as shoes, clothing, glasses, photographs, defective machinery, defective parts, foreign substances which may have been a factor in your accident, etc. Be sure to let the office know that you have these items in your possession.

12. Photographs:

Take photographs of all motor vehicles, accident site, etc., that may be connected--directly or indirectly--with your accident. Again, be sure to let the office know that you have such photographs.

13. Keep your attorney advised:

Keep this office advised at all times with respect to changes in address, important changes in medical treatment, termination of treatment, termination of employment, resumption of employment, or any other unusual change in your life.

14. Lost wages:

Keep a complete record of all lost wages. Obtain a statement from your company outlining the time you have lost, the rate of salary you are paid, the hours you work per week, your average weekly salary, and any losses suffered as a result of this accident. Where possible, also obtain other types of evidence such as ledger sheets, copies of time cards, canceled checks, check stubs, vouchers, pay slips, etc.

15. New information:

In the event that any new information concerning the evidence in this case comes to your attention, report this to the Attorney immediately. This is particularly true in the case of witnesses who have heretofore been unavailable.

16. Do not discuss the case:

The insurance company may telephone you and record the conversation or send an adjuster (investigator) who may carry a concealed tape recorder. You should not discuss your case with anyone.

Obviously, we cannot stress too strongly that you not discuss this matter with anyone but your attorney or immediate, trusted family. You should sign no documents without the consent of this office. Remember that at all times you may be photographed and investigated by the opposition. If you follow the simple precautions which we have set out in your checklist, we feel that we will be able to obtain a fair and appropriate amount for your injuries. If you get any letters from anyone in connection with your case, mail or fax them to your attorney immediately.

17. Questioning:

If any person approaches you with respect to this accident without your attorney's permission, make complete notes regarding the incident. These notes should include the name and address of the party, a description of the person, and a narrative description of what was said or done. Under no circumstances should you answer any question(s). All questions should be referred to your attorney's office.

18. Investigation by Defendant Insurance Company:

Permit us to reiterate at this time that the opposition's insurance company will in all probability have a team of lawyers and investigators working diligently to counter your claim. During the course of their investigation, it is quite possible that they may attempt to contact you through various (and sometimes, devious) methods. Please do not make their jobs any easier for them by answering their questions.

We cannot emphasize too strongly that you should refrain at all times from discussing this matter with anyone--and that includes your employer, your relatives, your neighbors, and even your friends. Of course, there are exceptions to this rule.

If there are friends or neighbors or relatives who know all of the facts and circumstances surrounding the accident and can be of assistance to you, then they should be referred to this office so that their natural sympathy can be channeled into an effective asset for you.

Insurance companies pay money to claimants when they are satisfied there are both liability and damages that support a recovery. They can be expected to thoroughly investigate the facts of the accident and any past injuries or claims. The insurance company will obtain copies of all of the claimant's past medical records.

19. Surveillance by Insurance Companies: Remember at all times that you may be under surveillance and, therefore, subject to being photographed or filmed by the adverse party. Be advised that there are cases where photographs and films have been introduced in court showing claimants who were allegedly in serious condition participating in activities which they alleged they were unable to do. You do not have to live in fear of being photographed, of course, if your cause is a just one.

However, when carrying on your usual activities, keep in mind at all times that you are subject to investigation. If you have been seriously injured, do not do anything that will jeopardize your case during the course of your daily life. You should always follow your doctor's advice. If you have to do things which cause you pain, this can usually be explained to the full satisfaction of any court or jury.

There are cases where the insurance agent has attempted to discredit a personal injury plaintiff by taking movies of the claimant engaged in various physical activities. In one case, large rocks weighing over one hundred pounds were placed at the door of the garage during the night so that claimant would have to be forced to remove the rocks in order to drive to work. This, of course, was filmed and used to discredit the plaintiff's claim in court.

20. The value of a case depends on the Permanent Injury, medical treatment and doctor's reports:

Undoubtedly, you have questions as to how much your case is worth. We are going to be frank: The fact of the matter is there can be no answer to this question until we have completed the investigation in your case. Once we complete our investigation, of course, we can make a determination as to the amount of the defendant's liability, if any, and even at that we will only be at a starting point. After that, we must obtain all necessary information concerning your lost wages, your disability, your partial disability, your life changes, and your prognosis. You may rest assured of one thing, however, and that is the fact that your case will not be settled below its true value, that is the fair compensation for the injuries you have received. You may also rest assured that no settlement agreement will be entered into without your consent.

Conclusion

We appreciate that this is a great deal of information to absorb. We also appreciate that our requests for your assistance have been numerous. However, we are certain that our clients appreciate having this information from the outset. Each request and bit of information given here represents an important part in recovering full value for your injury. Therefore, we respectfully request your full cooperation. If you have questions or concerns regarding these instructions, we encourage you to feel free to contact the office at any time.

Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large. While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that you case will receive the same degree of dedication and hard work that went into each of these prior cases.

39:4-50.9. Drunk Driving Victim's Bill of Rights.

39:4-50.9. Drunk Driving Victim's Bill of Rights.

L. 1985, c. 442, s. 1. 39:4-50.10.

Victim defined As used in this act, victim means, unless otherwise indicated, a person who suffers personal physical or psychological injury or death or incurs loss of or injury to personal or real property as a result of a motor vehicle accident involving another person's driving while under the influence of drugs or alcohoL. In the event of a death, victim means the surviving spouse, a child or the next of kin. L. 1985, c. 442, s. 2. 39:4-50.11. Victims' rights Victims shall have the right to: a. Make statements to law enforcement officers regarding the facts of the motor vehicle accident and to reasonable use of a telephone; b. Receive medical assistance for injuries resulting from the accident; c. Contact the investigating officer and see copies of the accident reports and, in the case of a surviving spouse, child or next of kin, the autopsy reports; d. Be provided by the court adjudicating the offense, upon the request of the victim in writing, with: (1) Information about their role in the court process; (2) Timely advance notice of the date, time and place of the defendant's initial appearance before a judicial officer, submission to the court of any plea agreement, the trial and sentencing; (3) Timely notification of the case disposition, including the trial and sentencing; (4) Prompt notification of any decision or action in the case which results in the defendant's provisional or final release from custody; and (5) Information about the status of the case at any time from the commission of the offense to final disposition or release of the defendant; e. Receive, when requested from any law enforcement agency involved with the offense, assistance in obtaining employer cooperation in minimizing loss of pay and other benefits resulting from their participation in the court process; f. A secure waiting area, after the motor vehicle accident, during investigations, and prior to a court appearance; g. Submit to the court adjudicating the offense a written or oral statement to be considered in deciding upon sentencing and probation terms. This statement may include the nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the extent of any loss of earnings or ability to work suffered by the victim and the effect of the offense upon the victim's family. When a need is demonstrated, the information in this section shall be provided in the Spanish as well as the English language. L. 1985, c. 442, s. 3. 39:4-50.12. Consultation with prosecutor A victim shall be provided with an opportunity to consult with the prosecutor prior to dismissal of the case or the filing of a proposed plea negotiation with the court, if the victim sustained bodily injury or serious bodily injury as defined in N.J.S. 2C:11-1. Nothing contained herein shall be construed to alter or limit the authority or discretion of the prosecutor to enter into any plea agreement which the prosecutor deems appropriate. L. 1985, c. 442, s. 4. 39:4-50.13. Tort Claims Act rights Nothing contained in the act shall mitigate any right which the victim may have pursuant to the

New Jersey Tort Claims Act

(N.J.S. 59:1-1 et seq.).

Free Office Space for Attorney- Edison, NJ

Free Office Space for Attorney- Edison, NJ
Law Office also has space sharing opportunity for new lawyer to get experience and go to court.
Attorney will be provided with their own office to start their practice, rent free. In return they will handle municipal court appearances, Will signings and other legal work and criminal law website updates in lieu of rent for maximum 5 hours per week.
Go to court and get trial experience. Excellent opportunity to jump start your career. You will get to represent people in Municipal Courts in Middlesex, Union and Monmouth County and meet the top Prosecutors and Judges. Must be admitted in NJ and have a car.
Learn to interview potential Municipal Court/Criminal clients. Also learn to draft Wills and work on Litigation files. Attorney may also help provide legal assistance to members of prepaid legal plans and public defender clients. Follow up contact calls with clients, courts, prosecutors and bar associations.
Excellent mentoring position for the right attorney. Are you hardworking and aggressive? Visit our website: www.njlaws.com to learn about our office.

The following is included with office use:
1. Desk space on our 2nd floor
2. Use of 2nd floor conference table for meetings or depositions by appointment
3. Use of our audio tape and video library.
4. Use of the front room reception area
5. Ability to put a file cabinet in basement to store your old file
6. Lighting/ Utilities
7. Bathroom Supplies
8. Landscaping / Snow Removal
9. Cleaning of Common Area
10. Hot water, municipal water/sewer charge paid
Call KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030

WILLS, PROBATE AND ELDER LAW- Adult and Community Education

WILLS, PROBATE AND ELDER LAW- Adult and Community Education
WHEN: Tuesday October 21, 2008 7 - 9 P.M.

East Brunswick Adult & Community Education Program
East Brunswick HIGH SCHOOL, Cranbury Rd
Course # FBB ...............................................................Fee: $29

Instructor: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
COMPLIMENTARY MATERIAL: Brochures on Wills, “Probate and Administration of an Estate”, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.

You don’t have to be wealthy or near death to do some thinking about a will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of the state law. Topics covered by author of “Answer to questions about Probate” will include: Wills, revocable trusts, irrevocable trusts, power of attorney, living will, long term care insurance, reverse mortgage, plus the opportunity to ask questions.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property and avoid many rigid provisions of state law. For more information on Elder law, visit the Website www.centraljerseyelderlaw.com. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to Kenv@njlaws.com.
Tues. 7:00–8:30 pm .......................................1 session: 10/21

Call the Adult Education Office for registration information 732- 613-6989
http://www.ebnet.org/Community_Programs/downloads/Fall_2008_Web.pdf
Please make checks payable to Adult and Community Education and mail to: Director, East Brunswick Adult and Community Education, EBHS, 380 Cranbury Road, East Brunswick, NJ 08816-3095.
About the Speaker: Kenneth Vercammen is an Elder Law and Litigation Attorney in Edison, NJ. He often lectures for the American Bar Association and New Jersey State Bar Association on Elder Law, personal injury, and criminal / municipal court matters. He has published 125 articles in national and New Jersey publications on legal topics. He speaks as a volunteer on Wills and Elder law to Adult Community Schools and non profit groups including Edison, Metuchen, Woodbridge, East Brunswick, North Brunswick, South Brunswick, Piscataway, Sayreville, Old Bridge, Spotswood and Perth Amboy Seniors. He has established New Jersey’s most popular Elder law website on the Internet to provide information on Probate, Elder Law and Traffic matters located at www.centraljerseyelderlaw.com.
East Brunswick Wills rev 9/30/08Macbook