In May, I wrote that the Family Court in Hunterdon County had announced that it was not able to try cases until sometime in 2010 (See "Are We the Canary..."). Thereafter, the presiding family judge for this judicial viscinage, Judge Julie Marino, announced to the Bar that she was assigning judges from Somerset County to assist with is County's case backlog. In addition, the judge ordered motion return dates to every other week, rather than every week as had been the custom for some time (thus permitting judges to hold hearings at least two additional days a month). However, the Family Court still stuggles to meet the demand of its varied and complicated calendar, which involves juvenile, domestic violence and adoptions, along with the divorce and post-judgment divorce applications. Complicating the situation, was the absence of one judge this summer due to illness. The litigators are now experiencing long delays in the resolution of motions, in addition to obtaining trial dates for unresolved cases.
Another change ordered by Judge Marino involved the relocation of the Early Settlement Panel conferences, in which volunteer attorneys meet with divorcing couples and their attorneys and attempt to work-out settlements. Now, Hunterdon County litigants will have to travel to the Somerset County Courthouse in Somerville for these conferences, thus adding additional costs to their legal expenses, due to attorney travel time, and expenses incurred in fuel and parking.
On a bright note, several experienced Hunterdon County attorneys, as well as local mental health professionals, were certified as collaborative practitioners by the International Academy of Collaborative Professionals ("IACP") http://www.collaborativepractice.com this past June in Clinton. Many of these professionals joined the Hunterdon County sub-group of the New Jersey Collaborative Group http://www.newjerseycollaborativelawgroup.com/, which I hosted here at my firm in July and August. This is an energtic and dedicated group of professionals and very eager to find a better way to assist families in crisis other than through traditional litigation. Shortly after our August meeting, the Hunterdon County Bar Association's Family Law Committee formed a sub-committee devoted to collaborative family law. Many thanks to Roz Metzger, Family Law Committe Chair, for her efforts in establishing this sub-committee.
With the admission of these professionals into the IACP and soon the New Jersey Collaborative Law Group, Hunterdon County now has in place a nacent working team of collaborative professionals. By choosing collaboration over litigation, clients will likely have their divorces resolved quicker, with less cost and stress to the family than the traditional litigation route, and it can be accomplished privately. Bear in mind, that successful litigation (defined as carrying a matter from the filing of a complaint to settlement or judgment following a trial) is entirely dependent upon a court system, which is now unable to serve the needs of all Hunterdon County residents. Perhaps this is the reason so many family practice professionals have obtained collaborative training in the past year.
BE ADVISED that these comments are not legal opinions and are not to be relied upon as legal advice. If you need legal advice, contact your county bar association; most of which have referral services. If you desire a collaboratively trained and certified attorney, go to http://www.collaborativepractice.com/
See kscounsel.com for my web site.
© Kevin M. Kilcommons, 2009
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