Bill Text: NJ SR71 | 2016-2017 | Regular Session | Introduced


Bill Title: Urges New Jersey Supreme Court to require training on domestic violence issues as part of continuing requirements for certified matrimonial attorneys.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-09-26 - Introduced in the Senate, Referred to Senate Judiciary Committee [SR71 Detail]

Download: New_Jersey-2016-SR71-Introduced.html

SENATE RESOLUTION No. 71

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED SEPTEMBER 26, 2016

 


 

Sponsored by:

Senator  DIANE B. ALLEN

District 7 (Burlington)

Senator  LORETTA WEINBERG

District 37 (Bergen)

 

 

 

 

SYNOPSIS

     Urges New Jersey Supreme Court to require training on domestic violence issues as part of continuing education requirements for certified matrimonial attorneys.

 

CURRENT VERSION OF TEXT

     As introduced.

  


A Senate Resolution respectfully urging the New Jersey Supreme Court to require domestic violence training for certain attorneys.

 

Whereas, The "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.), is intended to provide victims of domestic violence with the maximum protection from abuse that the law can provide; and

Whereas, Pursuant to the New Jersey Constitution, the New Jersey Supreme Court has exclusive jurisdiction over the practice of law; and

Whereas, Pursuant to the Rules of Court, all attorneys in the State must fulfill certain educational requirements under the Continuing Legal Education program; and

Whereas, The Rules of Court also provide that attorneys are eligible for specialty certification in matrimonial law upon meeting specific requirements promulgated by the Board on Attorney Certification and the Committee on Matrimonial Law established by the New Jersey Supreme Court;  and

Whereas, In addition, the Rules of Court provide that the Board on Attorney Certification may determine whether courses taken by an attorney pursuant to the  Continuing Legal Education program will qualify toward meeting the attorney's continuing education requirements related to certification in a particular specialty; and

Whereas, In the view of the Legislature, because the issues regularly handled by certified matrimonial attorneys, such as divorce, alimony, child support, child custody, and visitation, may also involve domestic violence, it is important that these attorneys receive appropriate training in domestic violence issues; now, therefore,

 

     Be It Resolved by the Senate of the State of New Jersey:

 

     1.    The Supreme Court of New Jersey is respectfully requested to require certified matrimonial attorneys to complete a minimum of three hours of domestic violence training each year as part of their Continuing Legal Education requirements.

 

     2.    Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate to the Chief Justice and the Associate Justices of the Supreme Court of New Jersey and to the Administrative Director of the Courts.          

 

 

STATEMENT

 

     This resolution respectfully requests the New Jersey Supreme Court to require annual domestic violence training for certified

matrimonial attorneys.

     The resolution states that the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.26 (C.2C:25-17 et al.), is intended to provide victims of domestic violence with the maximum protection from abuse that the law can provide.  Under the New Jersey Constitution, the New Jersey Supreme Court has exclusive jurisdiction over the practice of law.  The Rules of Court require all attorneys in the State to fulfill certain educational requirements under the New Jersey Continuing Legal Education program.  The Rules also provide that attorneys are eligible for specialty certification in matrimonial law upon meeting specific requirements promulgated by the Board on Attorney Certification and the Committee on Matrimonial Law established by the New Jersey Supreme Court.  In addition, the Rules provide that the Board on Attorney Certification may determine whether courses taken by an attorney pursuant to the Continuing Legal Education program will qualify toward meeting the attorney's continuing education requirements related to certification in a particular specialty.

     The resolution provides that in the view of the Legislature, because the issues regularly handled by certified matrimonial attorneys, such as divorce, alimony, child support, child custody, and visitation, may also involve domestic violence, it is important that these attorneys receive appropriate training in domestic violence issues.

     The resolution respectfully requests the New Jersey Supreme Court to require certified matrimonial attorneys to complete a minimum of three hours of domestic violence training each year as part of their Continuing Legal Education requirements.

     This bill embodies recommendation 16 of the Report of the Supreme Court Ad Hoc Committee on Domestic Violence issued June 2016.

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