As you can imagine, the pandemic has impacted the Family Court as much as it has every other aspect of life. However, through the leadership of Chief Justice Rabner and Judge Grant, the Administrative Director of the Courts, the court system has been functioning reasonably well under the circumstances.
Initially, judges and court staff were not permitted to be physically in the courthouse. Currently, no more than 25% of judges and staff are allowed in the courthouse at any given time. As a result, mail was not being processed promptly and efficiently. This led to the implemen-tation of a new online system for filing documents in the Family Court. After numerous initial glitches were fixed and training programs for lawyers and their staffs on how to use the new system were given, e-filing of documents has become much smoother and more efficient.
Most proceedings in the Family Court are now being done through remote video conferences, usually through Microsoft Teams, the New Jersey Court system’s preferred vehicle. Conferences with judges and lawyers and proceedings involving the judge, the lawyers, and the litigants have also gotten easier through experience with the technology. Motions are being argued and even divorce trials are being conducted remotely.
Everyone appears on the computer screen. Witnesses are sworn and questioned, and even cross-examined. Documents that would often be introduced in court are circulated in advance so that the judge and both sides have them when questions are asked.
With the exception of applications for domestic violence temporary restraining orders, virtually all other Family Court cases are being handled remotely. Requests for initial restraining orders are handled in person in the courthouse due to concerns that victims could be influenced, or even intimidated, by
abusers not visible on the computer screen. By requiring in-person proceedings, some of these fears are eliminated.
Presently, only lawyers, litigants, and witnesses who have a scheduled matter or an appointment are allowed in the courthouse. Everyone entering the courthouse must wear a face mask, is subject to a wellness check, and must social distance (at least six feet from others) while in the courthouse.
Our courts have been adjusting to changing needs as the pandemic ebbs and flows in an effort to balance the public’s need to access the courts with the overriding need to ensure public safety. So far, under extreme circumstances, they’re doing pretty well.
