Notice - Family - Comments Sought on Proposed Rule Amendments to (1) Align with Revisions to Job Specifications for Family AS4 Positions; and (2) To Conform to Legislation Eliminating Uses for Juvenile Referees – Comments Requested by November 15, 2024

The Supreme Court invites written comments on proposed amendments to Rules 1:40-12 (“Mediators and Arbitrators in Court Annexed Programs”), 5:25-2 (“Referees”), 5:25-3 (“Child Support Hearing Officers”), 5:25-4 (“Domestic Violence Hearing Officers”) and proposed new Rule 5:25-5 (“Court Staff Mediators and Hearing Officers”) (attached). The rule amendments would: (1) standardize the job specifications for the Administrative Specialist 4 position (AS4) in the Family Division; and (2) conform to legislative amendments to N.J.S.A. 2A:4A-39, which require a juvenile to be represented by counsel at every critical stage of a court proceeding.

Revisions to AS4 Staffing in the Family Division

The Judiciary has used a role-based recruitment process in which candidates apply for and are appointed to a specific AS4 role - Child Support Hearing Officer, Domestic Violence Hearing Officer, Mediator, or Juvenile Referee.  Going forward, Family Division AS4 positions will have one set of standard job specifications, with specialized training for each of their potential roles, i.e., as mediators, child support hearing officers, and domestic violence hearing officers.

Conclusion of Juvenile Referees

As noted, one of the Family Division’s uses of AS4s has been as juvenile referees, pursuant to Rule 5:25-2 (“Referees”) and standards promulgated by the Judiciary, in cases involving an informal or “counsel non-mandatory” hearing.  Recent amendments to N.J.S.A. 2A:4A-39 clarify that a juvenile is entitled to be represented by counsel at every critical stage of a court proceeding, which includes cases that a juvenile referee previously would have handled. As a result of the statutory change, all hearings in these cases now are “counsel mandatory” and require a judge to hear them, thus eliminating the need for juvenile referees.  The proposed rule amendments would formalize the conclusion of the juvenile referee program in light of this legislative action.

Proposed Rule Amendments

The proposed rule amendments (copies attached) are as follows:

• Rule 1:40-12 would be amended to provide that the Administrative Director shall prescribe court staff mediator qualifications and training requirements; and
• Rules 5:25-2, 5:25-3, and 5:25-4 would be deleted and replaced with proposed new Rule 5:25-5, which would authorize the use of hearing officers and mediators to serve in docket types as provided in current Judiciary policies. The rule amendments would also formalize the conclusion of the juvenile referee program.

Please send any comments on the proposed court rule amendments in writing by November 15, 2024 to:

Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Rules Comments - Family AS4 Positions 
Hughes Justice Complex; P.O. Box 037
Trenton, New Jersey 08625-0037
 

Comments may also be submitted via email to: Comments.mailbox@njcourts.gov. 

The Supreme Court will not consider comments submitted anonymously. Thus, those submitting comments by mail should include their name and address (and those submitting comments by e-mail should include their name and e-mail address). Comments are subject to public disclosure upon receipt.