MONMOUTH MEMORANDA Covering Bar Association Events Court House - Freehold - NJ 07728 (732) 431-5544 www.monmouthbarassociation.com March 2017 VOL. 35 NO.7 MONMOUTH BAR ASSOCIATION DUES INCREASE By-Laws, Article III Dues, Section 3.1 The Officers and Trustees at their meeting of Feb- ruary 15, 2017, voted to change the present dues structure as follows: Present dues structure: Applicants admitted less than 1 year.........................................$50.00 Applicants admitted l to 4 years...............................................$100.00 Applicants who are full time State or County Employees..$125.00 Applicants admitted more than 4 years..................................$150.00 Proposed dues structure: Applicants admitted less than 1 year..........................................$75.00 Applicants admitted l to 4 years................................................$125.00 Applicants who are full time State or County Employees...$150.00 Applicants admitted more than 4 years...................................$175.00 In addition to dues, applicants are encouraged to donate $25.00 for the Monmouth Bar Foundation. Your donation will be greatly appreciated. Same should be combined with your dues check. Thank you. A vote of the general membership, as required in the By-Laws, for the adoption of the proposed change will take place on March 30 th . MONMOUTH BAR ASSOCIATION MARCH BAR DINNER & SEMINAR Thursday, March 30, 2017 Navesink Country Club, Middletown Open Bar and Hors d’oeuvres 6:00 P.M. Buffet Dinner 7:00 P.M. Cost: $65.00 Dinner & Seminar PROGRAM Join us for a night to honor the Monmouth Bar Foundation for its many of years of service. CIVIL PRACTICE COMMITTEE SEMINAR 4:00 P.M. to 6:00 P.M. Earn 2.0 MCLE CREDITS!! Please make your reservations by email to [email protected]
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MONMOUTH MEMORANDA Covering Bar Association Events
Court House - Freehold - NJ 07728 (732) 431-5544
www.monmouthbarassociation.com
March 2017 VOL. 35 NO.7
MONMOUTH BAR ASSOCIATION
DUES INCREASE
By-Laws, Article III
Dues, Section 3.1
The Officers and Trustees at their meeting of Feb-
ruary 15, 2017, voted to change the present dues
structure as follows:
Present dues structure: Applicants admitted less than 1 year.........................................$50.00
Applicants admitted l to 4 years...............................................$100.00
Applicants who are full time State or County Employees..$125.00
Applicants admitted more than 4 years..................................$150.00
Proposed dues structure: Applicants admitted less than 1 year..........................................$75.00 Applicants admitted l to 4 years................................................$125.00
Applicants who are full time State or County Employees...$150.00
Applicants admitted more than 4 years...................................$175.00
Clearly I spoke too soon in my February message, regarding a dearth of snow storms. As I write this March message, a major snow event looms, and we can only hope that it will be
the last one of this winter season. Our annual Sports Night event at Branches once again was a great success. Thank you to all who generously donated sporting event tickets, gift cards and other prizes for our raffle. Unfor-tunately, Giants offensive guard Justin Pugh could not attend due to a last minute emergency, but instead, we were treated to appearances by two of his teammates, tight end Will Tye, and defensive end Kerry Wynn. Both players gra-ciously posed for numerous photographs and autographed many footballs and other memora-bilia for our guests. The Association of County Bar Presidents had a dinner meeting on March 1, 2017. This group is comprised of the immediate past president, cur-rent president, president-elect and executive di-rector of all 21 county bar associations. Gener-ally speaking, this association seeks to pursue goals that are advantageous for attorneys, the judiciary and the public throughout the State of New Jersey. Currently, efforts are underway to set up meetings with the gubernatorial candi-dates, to discuss with them their intentions rela-tive to resuming county bar involvement in the judicial selection process. On February 28, we lost long-time trustee and member Paul Frankel, Esq. Paul was a tax law practitioner for his entire career. He was in-volved with the Monmouth Bar Foundation for many years, as well as volunteering his time for a number of other worthwhile causes. The Family Law Committee presented their an-nual seminar on March 2 at the American Hotel. This informative program was well attended,
and the presenters included the Monmouth Vici-nage Family Law Bench. Our next dinner meeting will be held at the Navesink Country Club, on March 30, 2017. Prior to the meeting, the Civil Practice Commit-tee will present a seminar on recent develop-ments in that area of practice. At the dinner it-self we will be honoring the Monmouth Bar Foundation, for its many years of charitable work and contributions to our legal community. The foundation has been running a scholarship program for local law students for many years, in addition to its other worthwhile undertakings. I look forward to seeing you at our March din-ner meeting, and at the many other educational and social events coming up this spring and summer. Stay tuned for details about the Young Lawyers’ Division bowling event in early April. Our joint dinner meeting with the Ocean County Bar Association will be at the Breakers on April 20, and don’t miss President Elect Doug Ko-vats’ installation dinner at Eagle Oaks on May 11, both of which will be preceded by informa-tive seminars. “The difference between genius and stupidity is
that genius has its limits.” Albert Einstein
Page 3
MBA NEWS & EVENTS
OFFICERS AND TRUSTEES
FOR THE 2016-2017 TERM
Officers:
President ............................................................................... Carol J. Truss
President-Elect ............................................................. Douglas J. Kovats
First Vice-President ........................................................... Brian E. Ansell
Second Vice-President .............................................. Joseph M. Casello
Treasurer .................................................................. Christine G. Hanlon
Secretary .................................................................... Lynn E. Staufenberg
N.J. State Bar Association Timothy F. McGoughran, Trustee
MONMOUTH BAR ASSOCIATION
NOTICE OF NOMINATION
Pursuant to Article VI, Section 6.2, notice is hereby given
that the following persons were nominated as candidates
for election as Officers and Trustees of the Association.
President: Douglas J. Kovats President Elect: Brian E. Ansell 1st Vice President: Joseph M. Casello
2nd Vice President: Christine G. Hanlon
Treasurer: Lynn E. Staufenberg Secretary: F. Bradford Batcha
Three Year Trustee:
John G. Hoyle, III M. Scott Tashjy
James J. Uliano
Trustee to fill the vacancy of the unexpired term of F. Bradford Batcha: Honorable Anthony J. Mellaci, Jr. (ret.)
Legal Aid Society Trustee: Mark T. Apostolou, Jr. Gregory S. Baxter
Corrine Campi Tanis Deitch
Thomas P. Ehrlich
Richard P. Lomurro Thomas H. Martin Catherine Murphy Jason Saad
Jason Sena Charles F. Shaw, III Ronald J. Troppoli
In addition to the nominations by the Nominating Com-
mittee, nominations from the floor for Officers and Trus-
tees will be accepted at the March 30th meeting at the
Navesink Country Club. A nomination from the floor
shall not be a valid nomination unless the person nominat-
ed accepts the nomination within ten days from the date
of the March meeting by forwarding a letter of acceptance
to the Association.
Ronald T. Catelli, Chair MBA Nominating Committee
Page 4
Monmouth Vicinage - Family Law Update
The family division continues to focus on increasing efficiency, providing information, and enhancing customer service for all court users
and recognizes the important role of the Bar in meeting these divisional goals.
Family court litigants may be affected by a significant court rule change that resulted from new statewide legislation terminating child
support. The Termination of Child Support Obligations, which became effective on February 1, 2017, applies to all new and existing child support orders and establishes 19 as the age when child support and/or medical support obligations are terminated. The protocol does
allow for child and/or medical support to continue up to the age of 23 for cases where: the dependent is still in high school, college,
vocational or graduate school; the dependent is disabled; the parties reached a separate agreement; or, the court granted continued
support.
As the new law is phased in, families with a child aged 22-3/4 or older as of February 1, 2017, recieved a Notice of Child Support
Obligation Termination, stating that child support will end on May 1, 2017 (and not the child's 19th birthday). Families with a child
between the ages of 18-1/2 and 22-1/2 and 22-1/2 and 22-3/4 as of February 1, 2017 were sent a notice that child support will end on
August 1, 2017 (and not the child's 19th birthday). These notices contain information on requesting a continuation of child support as well
as how the amount of child support may change depending on the circumstances or status of the case (i.e. whether payment is allocated or
unallocated, existence of arrears, etc.). Family division staff are available to answer questions regarding the new law and the vicinage is conducting a public information seminar on March 23, 2017 to review the law and its impact on court users who pay or receive child
support.
The family division has some exciting new additions and changes to share. We recently welcomed Judge Butehorn and Judge Marshall to
the family division and they are sharing the non-dissolution (FD) docket as well as hearing some pre- and post-dissolution (FM) cases. The
division also welcomed several recall judges. Judge Coogan is now assisting with dissolution (FM) and non-dissolution (FD) case types.
Judge Troiano came to us from Essex Vicinage and is handling the juvenile delinquency (FJ) calendar. Judge Bernstein will be supporting the
Children in Court calendar and providing assistance with FM and FD cases. Judge Flynn continues to handle Children in Court matters.
Presiding Judge Sheedy, in addition to a pre dissolution calendar and pre- and early post-dissolution motions has taken on the quasi-
criminal (FO) calendar which has expanded because of criminal justice reform. Judge Sheedy also addresses FJ and CIC matters, as needed, to ensure the timely movement of these sensitive cases. Judge Dalton and Judge McGann hear pre-dissolution matters as well as pre- and
post-dissolution motions. Judge Coyle continues to hear Children in Court matters. All of the family division judges take part in a rotation
for domestic violence (FV) proceedings.
In December of 2016, Carlos Gandulla was named assistant family division division manager with oversight of the FM, FD and Interstate
(UIFSA) teams. Assistant division manager Amy Fischer oversees the FJ, FV and Children in Court teams as well as mediators. Tara Buck-
ley, Rachel Dempsey and Barbara Ust are new team leaders in the division.
The eleventh Matrimonial Intensive Settlement Program (ISP) will be conducted in April and May of this year. As in the past, bar members
are readily offering their assistance and encouraging other key participants, like retired judges and financial examiners, to help settle cases. These collaborative efforts result in the disposition of backlogged matrimonial cases, allowing families to move on without pending court
matters.
The division also supports and strengthens families through its Family Engagement program. As part of a grant from the Juvenile Detention
Alternative Initiative Program (JDAI), the engagement program aims to increase participation by the parents/guardians of court-involved
juveniles. Matt Stevens, the program coordinator, has built many bridges within the community to expand awareness of the needs of these
juveniles. Family advocate groups were established and educational forums are conducted periodically to assist parents with court-involved
youths. This initiative is helping to improve communication within families and to make their experience in court more positive and pro-
ductive. Through the JDAI/Family Engagement initiative, a program for parents will be presented on March 29, 2017. The program will
focus on speaking to youth about drug usage and will provide helpful resources for parents.
You may recall that, as part of a statewide rollout, Monmouth’s family division developed its Youth Participation in Court Protocol to al-
low youth to appear and participate in their permanency hearings. The protocol helps reduce their apprehension in preparation for court
hearings. The process has proven to be successful with both children and young adults.
On November 19, 2016, the family division held another successful Adoption Day program and 27 forever families were formed. The
division is thankful to all those who participated, including members of the Monmouth Bar Association who continue to support the divi-
sion’s efforts to improve and enrich the lives of families and children.
Page 5
CALENDAR OF EVENTS AND SEMINARS
PLEASE DIARY
and
PLAN TO ATTEND
———————————————
March 30, 2017 - March Bar Dinner, Navesink
CC, Middletown.
April 11, 2017 - Young Lawyers’ Committee
Bowling Event, Sea Girt Lanes, Sea Girt.
May 1, 2017 - Annual Law Day Celebration, loca-
tion to be determined.
April 20, 2017 - April Bar Dinner, Breakers,
Spring Lake.
May 11, 2017 - MBA Installation Dinner, Eagle
Oaks Country Club.
EARN YOUR CLE CREDITS
FROM THE
MONMOUTH BAR
—————————————
March 30, 2017 - Civil Practice Seminar,
Navesink CC, Middletown.
April 20, 2017 - Real Estate Seminar, Breakers,
Spring Lake.
April 27, 2017 - Young Lawyers’ Committee
LinkedIn Seminar, Location to be determined.
May 11, 2017 - Criminal Practice Seminar, Eagle
Oaks Country Club.
NOTICE TO THE BAR
SEMINAR APPROVAL FOR
MCLE CREDITS
For those members attending Monmouth Bar Association
seminars, it is MANDATORY that you sign-in and complete
the Certification and Evaluation form provided.
In order to receive a certificate of attendance at the semi-
nar or within thirty days of successful completion of a
course, this is a requirement.
Thank you for your cooperation.
NEED CREDITS??
The MBA has a library of video-based CLE programs
available.
Appointments can be made to view these at a nominal fee
during business hours by calling Tracey or JoAnne at
732-431-5544.
Below are the practices areas which our new courses
By: Tim McGoughran Monmouth County Representative to NJSBA Board of Trustees.
Page 11
The following is a summary of actions taken at the Feb. 10, 2017, meeting of the New Jersey State Bar Association Board of Trustees at the New Jersey Law Center in New Brunswick. This summary does not constitute official minutes. New trustee: At the outset of the meeting, association President Thomas H. Prol swore in a new trustee, Gregory DeMichele, of DeMichele & DeMichele in Haddon Heights. He is a litigator, devoting the majority of his practice to municipal court, person-al injury and family law matters. In addition to the NJSBA, he is active with the Camden County Bar Association and American Bar Association. DeMichele is filling a vacancy for a trustee from Camden County created when Linda Eynon became a Su-perior Court judge. Read DeMichele’s full bio here. Government relations: The trustees voted to support legislation that would allow people with a terminal illness who have less than six months to live to obtain a prescription for lethal drugs that would end their lives. A2451/S2474 includes a measure to protect physicians from legal action so they may write lethal prescriptions for terminal patients. The association examined the bill for over a year and determined it was necessary to take a position on the measure since it affects a constitutional right and will make substantial changes to the practice of law. The trustees also agreed the association would support A4040/S2546, which requires training for law enforcement of-ficers and assistance county prosecutors concerning the handling of domestic violence cases. And the association will support A392/S2647 with some amendments, which allows gross in-come tax deductions for contributions, earnings and qualified distributions associated with special needs trusts. Election: In the event of a possible election involving candidates seeking leadership positions in the NJSBA, the trustees ap-proved Intelliscan as the third-party election administrator, and selected March 20 as the start of the seven-day voting period.
Mid-Year Meeting 2018 update: The trustees approved the se-lection of London as the location for the 2018 Mid-Year Meet-ing. The association last held a meeting in that city in 1989. Diversity Luncheon keynote speaker selected: The annual Di-versity Luncheon is a featured event of the NJSBA’s Annual Meeting and Convention each year in Atlantic City. The Board of Trustees approved C. Vivian Stringer, head coach of the Rut-gers University women’s basketball program, as the event’s keynote speaker. In addition to her keynote remarks, Stringer
will take part in a panel discussion with attorneys sharing their experiences and insights about successes “on the court.” The event is set for May 18, to learn more about the Annual Meeting and the ticked events, click here. In Family Law there is a new alimony bill A3947 which would create retroactivity treatment in retirement cases for all agreements or final alimony orders entered prior to Septem-ber 2014 where the agreement or order is silent as to the is-sue. The NJSBA Family Law Section is closely monitoring tis bill and working with the sponsors to draft fair legislation for all parties. There is still time to sign up for the NJSBA Family Law Sec-tion retreat which will be held in Cancun Mexico from March 22, 2017 to March 26, 2017 at the JW Marriot. You do not need to be family lawyer to participate, just a member of the NJSBA. If there is one week a year to be a family lawyer this is the week! As Chair of the Family Law Section and I am looking forward to an exciting year and a successful re-treat. If any member of the Monmouth Bar has any questions or concerns that they believe should be brought to the attention of the NJSBA Board of Trustees please feel free to call me at 732-660-7115 or email me at [email protected].
1) The Donald is off to a rough start to say the least. He’s managed to challenge the judiciary with his typical name-calling and bravado, alienate leaders of foreign countries and challenge some of the government’s deals made worldwide and that’s just in his first week at work. For this, perhaps, one day we can forgive him. But
his aim at tax reform is going to cause problems for lawyers, accountants, taxpayers and worst of all, me personally. How does one sort out the bravado from reality? Can the tax code be revised on Twitter? It appears this president has no idea how the game is played and is not interested in learning. So the most I can do is regurgitate what is flying around about tax reform at this time. It’s not his fault. It is what he is used to. Stirring up the pot in the first hundred days of his admin-
istration seems to be a priority. Even if going off halfcocked is the result. So here it goes: Some type of revision of the tax code generally and in particular tax rates for both businesses and individuals; punishing companies that have stashed profits overseas with a one-time extraction and penalties for continuing the schemes that let big corporations evade US taxes at will; reducing or eliminating some cherished individual tax deductions like mortgage interest, real estate taxes, state and local
income taxes and others; messing around with both the estate and gift tax law. Eliminating the estate tax would seem to be keeping a campaign promise to the super wealthy. Taxing the gain on appreciated assets in an estate subject to a $10 million per couple exemption will make for challenging, if not impossible, tax administration by a withering on the vine, IRS. Even if the estate tax is repealed it is likely that the gift tax may still survive in some form. All this translates of course
into a tax mess. When if ever is any of this to become legislation? With both the House and Senate in line some crazy things can happen. I’m sure Trump would like to get things underway in those first precious hundred days. But if you still believe somewhat in reality, some of this stuff may make it into 2018. For those tax practitioners advising clients I offer my condolences. The combination of fuzzy tax policy and an underfunded and unpopular IRS will make for a nightmare of tax
administration. If it makes you feel any better, I’m stuck trying to write about it. 2) The tax scammers are having a field day. Millions of people are being cajoled and threatened into sending money or revealing damaging personal information to telephone callers and emailers. My professional email is being filled these days by scammers posing as prospective clients. Tags like “urgent- please help” or “I have
been referred to you” or just a typically American surname is used as the reference. Opening an email from one of these jerks caused a virus that swallowed my
laptop. But it could be worse. The tax scammers are working tax professionals this way. The “client” will seek advice in filing their individual or business tax re-turns. If the practitioner responds requesting tax data, the scammer forwards an email file for review. Once opened that file contains either a virus or a program
designed to infiltrate the practitioner’s computer to obtain identifying and other confidential information. I now simply delete all of these emails as soon as received. If there is in fact a client seeking my services they will have to go about it in the old fashion way. The IRS has listed this scheme as one of the “Dirty Dozen” they publish every year along with many of the usual cast of characters including: Identity Theft, Return Preparer Fraud, Fake Charities (giving out fake news BTW),
Padding Tax Deductions( America’s favorite indoor sport), False Credit Claims, Tax Shelter Abuse and Offshore Tax Schemes of all kinds. The list is revised from time to time as the tax season and the year proceeds.
3) The Tax Advocate is on the side of tax reform and simplification. The national taxpayer advocate Nina Olson said that the code must be simplified. In her report to Congress her office stated that IRS data shows that individuals and businesses spent about 6 billion hours yearly complying with the tax code’s filing require-ments, not including millions of additional hours spent responding to IRS audits or notices. The report says: “If tax compliance were an industry it would be one of the largest in the United States” To consume 6 billion hours the tax industry requires the equivalent of 3 million full-time workers, so says the report.. The current
tax code contains more than 200 tax deductions credits, exclusions and similar tax allowances, if all tallied they amount to $1.42 trillion that’s more than Congress pays to run the entire federal government. Olson also requested that IRS change its culture from one that is enforcement oriented, to one that is service oriented and naturally she recommends that Congress give additional funding to the IRS to meet taxpayer needs. I think Ms. Olson needs to read item number one above
and she should perhaps not hold her breath. 4) The IRS hates to give up on the deductibility of educational expenses. Heck, getting a decent education these days costs a fortune. So if a taxpayer can figure out
a way of squeezing it into a tax deduction it can be made a lot less painful. In Long, TC summary opinion 2016 – 88, the taxpayer was a product marketing manager who sought an MBA degree. It was determined that his courses did not qualify him for a new trade or business and improved his current skill in the job he had even though unemployed for a few months while he was obtaining his degree. Therefore, his deduction was allowed and taxpayers picked up some of the cost of this
guy’s education. 5) Interested in beating identity theft when filing your tax return? IRS says to do so, file early. It believes thieves who have stolen your identity will file a tax return
as early as possible before you file your own in an effort to steal whatever they can. So the advice from IRS is to beat them to the punch and file as early as possible. Wait a minute. Is IRS scamming taxpayers into filing early so they can get tax information to start the audit machine? They wouldn’t do that…would they?
Want more tax stuff? Go to my blog at: Learn to Love the IRS.( a Google search takes you there)
“Taxes are the Price of Civilization”
Page 14
SCENES FROM SPORTS NIGHT 2017
.
Thank you to all of our members who contributed to the raffle!!!!
Page 15
CLASSIFIEDS
MICHAEL L. DETZKY, ESQ.
invites referrals from his colleagues
at the Bar in consumer and business
bankruptcy, immigration and
military law matters.
Thirty-three years experience.
Your client relationships will be
respected and protected.
(732) 780-3090
45 Court Street
Freehold, NJ 07728
ASSOCIATE ATTORNEY
Monmouth County Law Firm seeks an Associate with 2-
5 years experience. Must be admitted to practice in
New Jersey. Practice area includes general civil litiga-
tion and other general practice matters.
To be considered for this position, candidate must sub-
LEGAL AID SOCIETY!! THE LEGAL AID SOCIETY OF MONMOUTH COUN-TY, LLC extends its heartfelt gratitude to everyone who contributed to our organization in 2016-2017. It is through the continuing pro bono efforts of so many selfless Monmouth County attorneys, and the gener-ous donations of both attorneys and private individu-als, organizations, business owners, that the Legal Aid Society is able to continue to service so many needy individuals deserving of legal representation. We continue to need donations to continue to operate at this time and seek donations at this time. If you wish to donate to LAS, please send your contribution payable to "Legal Aid Society of Monmouth County, LLC" to P.O. Box 2006, New Jersey 07712.
Please note all donations are tax deductible. Thank you again.
PAUL E. NEWELL is accepting referrals of clients for “1st Appearance-Risk Assessment Hearings” and “Pre-Trial Detention Hearings” under the new Criminal Justice Reform Act effective January 1, 2017.
“1st Appearance-Risk Assessment Hearings” must be held within 48 hours of a client’s commitment to jail, and Paul E. Newell will accept client calls at (732) 938-0201 on a 24/7 basis. Mr. Newell is availa-ble for hearings scheduled on Saturday, Sunday or holidays.
The fee for representation at a weekend “1st Appearance-Risk Assessment Hearing” is $ 2,500.00.
Referral fees are paid as permitted by Court Rules.