Wednesday, July 28, 2010

Muni Judge Gets A Pass On Law Partner's Political Contributions from Business Account

The New Jersey Law Journal today reported that the New Jersey Supreme Court "found no clear and convincing evidence that Judge Philip Boggia knowingly violated Canon 7A(4) of the Code of Judicial Conduct, which bans political contributions by judges" when his law partner, unbeknownst to him, made a political contribution from their firm's business account. The Court warned that: "Faced with similar fact in the future, however, the rule we announce today would require a different outcome." Accordingly, lawyers at firms where part-time municipal court judges have law practices may make political contributions, but only from the donors' personal accounts. READ THE DECISION.

Monday, July 26, 2010

New Jersey Redistricting & Reapportionment Story

Tom Baldwin of Gannett penned an article this weekend relating to New Jersey Congressional districts maintaining that those in the central part of the state appear to be the most tortured. Ernest Reock, professor emeritus in the Center for Government Services at Rutgers also pointed out some population shifts that could make the legislative reapportionment process more interesting, as follows:

As for state legislative districts, Reock says districts in Essex, Union and Passaic counties, along with areas of Hudson and Mercer counties, have been slow to grow and the districts there may need to be expanded geographically in 2011.

The fastest-growing legislative districts, he said, are the 30th in Burlington, Mercer, Monmouth and Ocean counties; the 9th in Atlantic, Burlington and Ocean counties; the 23rd in northwest New Jersey; and the 2nd in Atlantic County.

These, he says, may require geographic downsizing with their newer, more dense populations.

Monday, July 19, 2010

Record Columnist Picks-Up On Different Legal Landscape As New Jersey Enters Reapportionment Process

In a Sunday column entitled, Redistricting the 800 lb. invisible gorilla, Bergen Record columnist Frank Hannon picks-up on the new legal landscape New Jersey's mapmakers are going to face this coming year that turns precedents followed during the last reapportionment process on their head.

Redistricting could have even greater consequences on the state level. Several complicated court cases, specifically Bartlett v. Strickland, McNeil v. Legislative Apportionment and others, may produce a more favorable map for New Jersey Republicans. Both parties will be vying to get a "good map." A "good map" is one that gives a particular party a better or at least a fighting chance of securing a majority in one or both houses. In 2001, Republicans got a "bad map."


Wednesday, July 14, 2010

The Interest Is Only A "Special Interest" When It Is Not Our Interest

In a frightening display, politickernj.com reports that New Jersey Senate Democrats plan to attempt to regulate certain 501c4 organizations that disagree with their political views, compelling not only the disclosure of contributors, but also applying pay-to-play rules to them.

Setting aside issues of federal preemption for the moment, Senate Democrat spokesperson Derek Roseman actually said that the proposed legislation would "clearly define the groups that were exempted" by "delineat[ing] between legitimate groups with a legitimate policy orientation and shadow organizations that are merely acting as a front for a political party." Further, Assemblyman and State Democratic Party Chairman John Wisniewski (D-Sayreville) said the application of such restrictions "would likely be based on the length of time the group had been in existence."

Does this mean that recently formed politically active 501c4's, such as Garden State Equality, which held events at which former Governor Corzine appeared at as an honored guest while advocating its agenda, and vice-versa, should be subject to such restrictions being sought to be imposed against Reform New Jersey Now by this legislation? Who decides?

While on the subject, why is the Legislature still avoiding real pay-to-play reform, such as that long-proposed by Assemblywoman Amy Handlin, which would entirely ban both corporate and union contributions in New Jersey? In throwing out the restrictions imposed on labor unions under Governor Christie's Executive Order No. 7, the Appellate Division held that while the Executive Branch could not do so unilaterally, the Legislature could act to apply pay-to-play restrictions to labor organizations that hold the largest no-bid public contracts in the State of New Jersey.