NJ. SUPREME COURT APPEALS/APPELLATE LAWYER
The Law Office of Charles Dawkins Jr. LLC (908) 962-9929 has argued before the N.J. Supreme Court in S.T. v. 1515 Broad St., LLC., 241 N.J. 257 (N.J. 2020). Consequently, the Law Office has experience in actually appearing before the N.J. State Supreme Court; and Charles Dawkins Jr., Esq. has been practicing law for over 20 years. Many appellate lawyers write briefs, but few Appellate lawyers actually appear before the New Jersey Supreme Court because the court does not hear many cases per year even though many cases are filed requesting the New Jersey Supreme Court to hear the case.
Briefs have specific guidelines that Attorneys must follow in preparing and arguing before the highest state court in New Jersey. The first task of a New Jersey Supreme Court Appellate Lawyer is to get the case heard before the N.J. Supreme Court which is a challenging legal undertaking. The basis for the appeal is it relates to United States and New Jersey State Constitutional law, New Jersey State Statutory Law, and precedential United States Federal case law and New Jersey case law are the most significant factors in N.J. Appellate practice. However, the basis is not always apparent. The New Jersey Supreme Court Appellate Lawyer will assist the client to determine the basis, if any, to appeal to the New Jersey Supreme Court.
HOW DOES A RESPONDENT/APPELLANT APPEAL A CASE TO THE NJ. SUPREME COURT?
The following are ways to be heard before the New Jersey Supreme Court after a Final Order from the N.J. Appellate Court:
- Cases determined as having a substantial question arising under the Constitution of the United States or the State of New Jersey
- Cases where there is a dissent in the Appellate Division.
- In Cases provided by law
- All other Appeals to the New Jersey Supreme Court from final judgments must be requested for petition to the Appellate Division under Rule 2:12
The above are simple rules but the process of determining whether they apply to the respective case often involves much legal research and reflection on the part of the Appellate Lawyer. The Client is going to need an Attorney who can identify the significant relevant issues.
WHAT ARE THE GROUNDS FOR CERTIFICATION TO THE NEW JERSEY SUPREME COURT?
Perhaps the most popular way to appeal to the New Jersey Supreme Court is through Certification. R.2:12-4 explains the only basis for getting certification to the New Jersey Supreme Court: The Appeal presents a question of general public importance which has not been but should be settled by the Supreme Court (2) or is similar to a question presented on another appeal to the Supreme Court (3) If the decision under review is in conflict with any other decision of the same or a higher court or calls for the NJ. Supreme Court's Supervision (4) And in other matters if the Interest of Justice requires. Finally, Certification will not be allowed on final judgments of the Appellate Division except for special reasons.
The NJ. Supreme Court does not hear many cases; however, many Respondents/Appellants seek to be heard by the Court. The Respondent/Appellant should seek a law firm that will diligently research case law and New Jersey Statutory Law, and a law firm that knows how to write Supreme Court Briefs and if required have experience in arguing before the N.J. Supreme Court. Every case is different; but the Law Office of Charles Dawkins Jr., LLC has experience in successfully applying for Certification to the New Jersey Supreme Court and successfully arguing before the New Jersey Supreme Court.
The operative language "Certification will not be allowed on final judgments of the Appellate Division except for special reasons" should be noted. The Appellant should seek the law firm that gives them the best opportunity to be heard because they must have "special reasons" to be heard on Certification to the New Jersey Supreme Court.
WHAT ARE THE GROUNDS FOR APPEAL AS OF RIGHT TO THE NEW JERSEY SUPREME COURT?
Rule 2:2-1(a) clearly explains the basis for appealing a case to the New Jersey Supreme Court as of Right from a final judgment: (1) In cases determined by the Appellate Division involving a substantial question arising under the Constitution of the United States or the Constitution of New Jersey (2) in cases where, and with regard to those issues as to which, there is a dissent in the Appellate Division; and (3) Such Cases provided by law.
The prudent course on appeal if the petition fails to plainly meet the constitutional grounds to appeal as of right is also to attempt to petition for certification due to the possibility the appeal as of right is dismissed. See Deerfield Estates, Inc. v. Tp. of East Brunswick, 60 N.J. 115 (1972)
Moreover, only dissent of the basic judgment of the Court entitles the party to an appeal as of right. A dissenting vote on a petition for rehearing does not result in a right to appeal by the petitioner even when the petitioner argues a constitutional issue. See State v. Smith, 59 N.J., 297 (1971)
CONTACT THE EXPERIENCED LAW FIRM OF CHARLES DAWKINS JR. LLC IF YOU SEEK TO APPEAL THE CASE TO THE NEW JERSEY SUPREME COURT.
The Law Office of Charles Dawkins Jr. LLC. will need to evaluate your case according to applicable Court Rules; and if the case presents issues that may qualify under the standards of New Jersey Supreme Court Review, the Law Firm will appeal your case. Contact the Law Office of Charles Dawkins Jr. LLC at (908) 962-9929