A shortage of judges in the state’s largest county court means justice is delayed for thousands | Opinion – NJ.com

By Eileen O’Connor

There is an ongoing crisis in Essex County: We have a shortage of judges in the Essex County State Courts, the busiest County Court in New Jersey. The county currently has 15 open judicial seats out of 56 spots.

When our justice system isn’t functioning effectively, our whole community suffers. The results are unacceptable delays in the disposition of cases and, therefore, unwarranted, and often severe hardships on the litigants. For example, if divorce or child custody issues are unresolved, a stable home life is nearly impossible.

One Essex attorney recently advised that a custody bench trial started in August be continued to a date nearly six months later. This is due to the staggering caseload of the judge who simply cannot continue to hear the case any sooner. This timing leaves families to navigate the winter holidays and school breaks without custody and visitation agreements settled and support arrangements in place.

The criminal and civil courts face similar challenges. Many defendants in criminal cases, presumed innocent, have been detained for long periods of time waiting for trials to resume post-pandemic. When the trials resume, there will not be enough judges to preside over them. Another consequence of the delays is that evidence goes stale and victims and witnesses lack finality and closure.

The civil docket has also been hit especially hard as limited judicial resources must be directed to pressing criminal and family dockets. Injured plaintiffs, employment disputes, commercial litigation and contract cases languish as a result.

Landlord and tenant matters further add to the Essex County Court’s already heavy caseload. During the pandemic, a moratorium on evictions was enacted statewide. As a result, there are now nearly 17,000 pending landlord/tenant matters in Essex County, the highest in the state. Given this staggering number, the court has suggested that all judges may have to hear these matters, further frustrating those judges’ efforts to address their own court calendars.

The maxim “Justice delayed is justice denied,” rings true here. Delays in resolving legal matters cause collateral damage to the parties and the community, such as homelessness, lost wages and employment, deepening debt, and the stress and anxiety attendant to litigation. The simple fact is that lingering litigation prevents the parties from achieving closure and moving on with their lives.

Sadly, the statistics bear out these points. By state statute, Essex County should have 56 judges. At present, it has only 41, a deficit of 15 (27%). Some of the work is being done by the recall service of retired judges, but that is only of limited help.

The judges’ caseloads are staggering. As of Sept. 30, there were over 14,351 civil law division cases pending; 8,600 criminal cases; over 5,500 family division cases and over 22,000 special civil cases, 17,000 of which are landlord/tenant matters. These numbers are so severe that without additional judges, it will be many years before the court can fully adjudicate these cases.

All Essex residents are entitled to a court that enjoys a full complement of jurists, ready and able to preside over matters in a timely manner. Anything less is unconscionable. To that end, the Essex County Bar Association implores elected leaders to nominate, vet and vote on qualified judicial candidates now.

This crisis deepens every day. We also urge the residents of Essex County to contact their elected representatives and demand that qualified judges be appointed immediately. Failure to address this crisis will impact the ability of all Essex County residents to obtain timely justice in their County Courthouse.

Eileen O’Connor is the 124th president of the Essex County Bar Association. She served as an assistant prosecutor for 20 years before retiring.

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