News : POLITICO New Jersey Playbook: For filling judgeships , Scutari attempts addition by subtraction

Tuesday, August 9, 2022

POLITICO New Jersey Playbook: For filling judgeships , Scutari attempts addition by subtraction

Aug 09, 2022

Presented by NextEra Energy Transmission

Good Tuesday morning!

The Legislature confirmed four new Superior Court judges on Monday. But there are still 59 vacancies, with 13 more open spots coming soon. And right now there are just 11 nominees awaiting confirmation.

The judicial vacancy problem — a crisis, according to the New Jersey State Bar Association — shows no signs of being fixed any time soon.

"Real New Jerseyans are being hurt by slow action from the governor and Legislature," New Jersey State Bar Association President Jarlyn L. Lawrence said in a statement. "They are not acting swiftly enough to fix the judicial vacancy crisis."

But state Senate President Nicholas Scutari says that by making the problem just a tiny bit worse, the Senate is going to make it better.

Senate Democrats last week announced that Superior Court Judge Tim Lydon will be leaving the bench to return to the role he held when he was nominated: Executive director of the senate majority. So that's one more vacancy.

" Some might argue that we're going to worsen it by one, but we're going to put somebody on here that knows more about the judge-making process than anyone else," Scutari said after yesterday's brief Senate session. "No one could have had better experience than him."

Also, not surprising but worth noting: Scutari has no plans to do away with senatorial courtesy, that unwritten rule that's allowed a state senator to hold up one of Gov. Murphy's Supreme Court nominees, and thus has contributed to there being a record three open seats on the state's highest court.

"That's something that's ingrained in this house … It gives a great amount of input by senators and it's actually worked very well. New Jersey has one of the best screening processes for Supreme Court justices and judges over any other state," Scutari said. "To fiddle around with things that have worked for decades is probably not something I'm going to do."

DAYS SINCE MURPHY REFUSED TO SAY WHETHER HIS WIFE'S NON-PROFIT SHOULD DISCLOSE DONORS: 174

WHERE'S MURPHY? Israel

QUOTE OF THE DAY: "Liz Cheney and I don't agree on everything. But we're on the same side today fighting for a country where we settle our differences by voting, not violence." — U.S. Rep. Tom Malinowski in an ad encouraging Wyoming Democrats to vote in the state's Republican primary for Liz Cheney.

TIPS? FEEDBACK? HATE MAIL? Email me at mfriedman@politico.com

HAPPY BIRTHDAY — Princeton's Karen Jezierny, Insurance Council's Christine O'Brien, activist Barry Brendel, Verizon's Braxton Plummer

A message from NextEra Energy Transmission:

NextEra Energy is the world's largest generator of clean, renewable energy from the wind and sun. We have unrivaled experience completing complex, large-scale energy projects, doing them on time and on budget while putting customers first, prioritizing the environment, and working with local communities to create jobs and limit disruptions. It's what we do and what we'll do for New Jersey. That's because NextEra Energy Transmission is committed to empowering a greener New Jersey.

WHAT TRENTON MADE

PLATT MATKIN NEARS CONFIRMATION AS BIZARRO N.J. ATTORNEY GENERAL — Platkin's nomination for New Jersey Attorney General clears Senate Judiciary committee , by POLITICO's Daniel Han: Matt Platkin's nomination to permanently be New Jersey's Attorney General appears headed to confirmation after the Senate Judiciary Committee on Monday advanced his nomination with some bipartisan support. Platkin, who has been serving as acting Attorney General since February, cleared the committee by a vote of 8-2, outlining topics that would be top of mind for his office — car thefts, gun violence, community-police relations and abortion rights, among others. As acting AG, Platkin has shown how he would run the office; so far, he has taken steps to sue the gun industry over gun violence, created a "strike force" to protect abortion rights as well as promising to aggressively counter car thefts. A Montclair resident, Platkin has been a close confidant to Gov. Phil Murphy, working on Murphy's first campaign for governor and as chief counsel for much of Murphy's first term. Two controversial pieces of Platkin's background — his role in how Murphy's inner-circle responded to rape allegations from Katie Brennan, a former campaign volunteer during Murphy's first run for governor, against then-Murphy campaign staffer Al Alvarez, and his crafting of the governor's Covid-19 executive orders during the height of the pandemic — drew less attention than expected during Monday's confirmation hearing, which lasted more than two hours.

—" Murphy AG nominee's mishandling of rape claim should not be forgotten at his hearing today, these women say ," by NJ Advance Media's Susan K. Livio: "Women's rights advocates praised Gov. Phil Murphy in March 2019 when he signed a law that made New Jersey one of the first states in America to ban future non-disclosure agreements, including legal contracts that have hid the pervasiveness of sexual harassment at work. But two months later, an attorney representing Murphy's 2017 campaign sent a terse letter to his former political consultant, Julie Roginsky, reminding her she remained bound by a non-disclosure agreement. Under no circumstances could she discuss her experience working for Murphy, the letter from attorney Paul Josephson said. The letter was a response to the lawsuit Katie Brennan had filed against Murphy's campaign and his administration. Brennan says she told Murphy's chief counsel Matt Platkin that one of the governor's campaign advisers had sexually assaulted her when she was a campaign volunteer in 2017. Platkin never acted on her complaint, which a legislative committee later investigating the matter called one of several "sloppy" legal decisions."

FEDERAL FUNDS TO THE RESCUE — " NJ announces funding to save hospital program for victims of violence ," by NJ 101.5's Dino Flammia: "New Jersey has announced millions of dollars in gap funding that will at least temporarily save a hospital-based program that aims to protect and assist victims of gun violence and other crimes. Gov. Phil Murphy and Acting Attorney General Matthew Platkin revealed on Monday that $10 million in American Recovery Plan funds will go toward the state's nine Hospital-Based Violence Intervention Programs, which team up with community organizations in order to reduce the cycle of gun violence and create a safety plan for victims upon release from medical care."

TRANSPARENCY — " Disclosure statements provide little insight into lawmakers' finances ," by New Jersey Monitor's Nikita Biryukov : "Members of a state trust that received just $720,000 in this year's budget face more stringent financial scrutiny than the lawmakers who approved the $50.6 billion budget, a disclosure gap that critics say hurts already faltering trust in state government. The stricter financial disclosure rules aren't unique to the New Jersey Cultural Trust. Members of more than 50 state boards, commissions, and committees — as well as high-ranking administration officials — must annually report their finances with greater levels of transparency than state lawmakers. Recent efforts to require that lawmakers disclose more about their finances have not gone anywhere. Experts in government and ethics say broader requirements would not only help the public know more about the sources of their state representatives' income, but would also boost public confidence in government."

FOR THE BIRDS — " Bill that would protect birds at Caven Point, not birdies, is approved by Senate committee ," by The Jersey Journal's Jake Maher: "A bill that would ensure Caven Point remains a home for migratory birds — and not three holes on a billionaire's golf course — took the first step toward becoming law Monday. The Senate Judiciary Committee unanimously advanced a bill sponsored by state Sen. Brian Stack that would preserve the ecologically sensitive area in Liberty State Park as a natural habitat. The bill would also effectively thwart any attempt by Paul Fireman may to acquire the land for three new holes at his ultra-exclusive Liberty National Golf Course. 'I wouldn't have felt right if I couldn't get this bill done,' Stack said, the chairman of the Senate Judiciary Committee."

— Temp workers bill of rights' heads to Murphy's desk after procedural error

— One of two nominees to BPU clears Senate committee

—" [Gopal] calls for NJCU to turn over Fort Monmouth to another state university "

—" NJ adds more weapons to its harm-reduction arsenal"

—Opinion: " My parents won't let me get vaccinated. N.J. should let me do it anyway "

—" Two reasons why many of NJ's autistic kids never get early intervention services "

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today .

BIDEN TIME

YOU COULD HEAR THE COMMOTION FROM GEORGE NORCROSS' FRONT PORCH — FBI searches Mar-a-Lago, Trump says , by POLITICO's Jonathan LeMire, Kyle Cheney and Nicholas Wu: The FBI searched the Mar-a-Lago home of Donald Trump, the former president said in a statement. 'They even broke into my safe,' Trump said in a lengthy statement describing it as a 'raid.' Two sources familiar with the search said it was related to allegations that Trump allies improperly removed boxes of presidential records from the White House after leaving office — including some that may have included classified information. One of those sources said the raid took 'hours.'

RAISING (MONEY IN) ARIZONA — " NJ congressional candidates raking in big money to win seats in midterms. Here's how ," by The Record's Ashley Balcerzak: "Few New Jersey congressional contests are expected to be nail-biters this November, but that hasn't stopped candidates — particularly Democrats — from stocking their war chests and raising a combined $41.3 million in the past year and a half … 'Malinowski is probably using a threat of a Republican takeover to raise national money because his seat is in danger,' said Matthew Hale, an associate professor at Seton Hall University and a Democratic councilman in Middlesex County. 'My parents live in Arizona, and they've heard about Malinowski and how redistricting threatened his district, so they're sending him money and they don't know Kean from a hole in the ground.'"

— " Residents fight back against proposed national park at the Delaware Water Gap "

—" New Jerseyan Amit Jani takes key Homeland Security post "

—" Senate Democrats beat back GOP efforts to further cap N.J. property tax break "

A message from NextEra Energy Transmission:

LOCAL

OCEAN COUNTY — " Ocean County commissioners divided again over another administrative appointment ," by The Asbury Park Press' Erik Larsen : "Another controversy over hiring practices in Ocean County government has again divided the Board of Commissioners ahead of the retirement later this month of Stephen Scaturro as director of the Department of Consumer Affairs. A majority of commissioners on the five-member, all-Republican board have decided to open the position to outside applicants after state Assemblyman John Catalano, R-Ocean, informed county officials that he wants the $134,000 job for himself. Commission Director Jack Kelly and Commissioner Joseph H. Vicari both want the department's deputy director — Ed McBride — to be Scaturro's successor. 'We discussed it at a meeting, and I said at that meeting, 'I will vote for no one, but Ed McBride,' Kelly said."

POX TRENTONIA — " Trenton municipal mashup: Monkeypox, crime and 'fake news,' oh my ," by The Trentonian's Isaac Avilucea : "Mayor Reed Gusciora called for an emergency meeting Friday for council to consider funding that'll go toward the city's monkeypox and coronavirus preparations. Last week, Council President Kathy McBride refused to allow her ex-Vice President Marge Caldwell-Wilson to walk on the resolution for $750,000 to bolster public-health efforts against the diseases. Gusciora said the bulk of the funding will be used to purchase test kits and vaccines and to hire nursing personnel to administer the jabs as the city's COVID-19 vaccine surplus runs low. The U.S. declared the monkeypox outbreak a public health emergency with cases on the rise across the country, including in New Jersey, which has more than 240 cases. Trenton has one of the five confirmed cases in Mercer County, officials said."

—" Ex-Paterson cop rejects plea deal with prison time for alleged bodycam assault "

—" [Ocean County College president] is stepping down, but staying on in a new role "

—" Scores of candidates register to run for Jersey Shore school boards "

—" Plan to close road around Round Valley Reservoir put on hold. Here's why "

—Lassiter: " Amy DeGise's hit-and-run parts the curtains on Hudson Co machine politics "

INTRODUCING POWER SWITCH: The energy landscape is profoundly transforming. Power Switch is a daily newsletter that unlocks the most important stories driving the energy sector and the political forces shaping critical decisions about your energy future, from production to storage, distribution to consumption. Don't miss out on Power Switch, your guide to the politics of energy transformation in America and around the world. SUBSCRIBE TODAY .

EVERYTHING ELSE

BASKETCASES — " No more baskets? NJ Supermarkets say shoppers are taking all the baskets home ," by NBC 4's Pat Battle: "Call it an unintended side effect of the state's plastic bag ban. New Jersey supermarkets say shoppers are walking off with baskets and are loading up the store baskets and taking those home, instead. 'It's foolish, why would you steal the basket, they need them,' Christine Young, who was loading up her car with groceries, said Friday. 'I think it's foolish people are lazy.' Statewide, supermarkets and grocery stores are reporting that handheld baskets have gone missing by the thousands. Forgetful shoppers who might be trying to avoid paying for a reusable bag might be sticking some stores with a tough payday -- some baskets run as much as $8. The Trenton-based New Jersey Food Council, which represents supermarkets and grocery stores, said it's an industry-wide issue, and the price of those baskets has started to increase."

SUPREME COURT: THE 2ND AMENDMENT GIVES AMERICANS THE RIGHT TO STORE ARSENALS IN HOSPITALS — " Cache of guns found in unlocked closet at Hudson Regional Hospital; marketing director arrested ," by The Jersey Journal's Ron Zeitlinger : "The director of marketing at Hudson Regional Hospital in Secaucus was arrested Sunday on weapons charges weeks after police found a large cache of handguns and shotguns in a closet inside the facility, authorities said. Reuven Alonalayoff, 46 … was charged with possession of an assault firearm and two counts of possession of a high capacity magazine, Secaucus Police Chief Dennis Miller said … Responding to a bomb threat at the Meadowlands Parkway hospital on July 18, Secaucus police, Hudson County sheriff's officers and Bayonne police, using bomb detection canines, performed a sweep of Hudson Regional Hospital, Miller said. No bombs were found, but a bomb detection canine gave a positive indication on an unlocked closet within an office. Upon entering the closet, police discovered a large cache of rifles, shotguns and handguns, along with assorted ammunition for the firearms, Miller said."

HE MISUNDERSTOOD HIS AGENT WHEN HE SAID HE NEEDED 'ANOTHER HIT' — " N.J. rapper Fetty Wap's bail revoked for threatening to kill a person as federal drug case looms ," by NJ Advance Media's Joe Atmonavage: "Fetty Wap, the New Jersey rapper who rose to fame with the hit 'Trap Queen,' was arrested Monday for violating conditions of his pre-trial release for federal drug charges after he allegedly brandished a firearm on FaceTime and threatened to kill the person, authorities said. Willie Junior Maxwell II, whose stage name is Fetty Wap, was arrested in Newark. At the time, he was free on $500,000 bail for a drug distribution case in the Eastern District of New York, where he is charged with conspiring to distribute and possess controlled substances."

—" N.J. school librarian who opposed attempts to remove LGBTQ+ books receives national award "

— " 38,000 more N.J. kids battle anxiety, depression than 6 years ago. What's going on? "

A message from NextEra Energy Transmission:

NextEra Energy didn't become the world's largest generator of wind and solar power overnight. We've been building and operating large-scale energy projects across North America for decades and powering New Jersey for nearly a quarter-century. Our first solar farm in the Garden State was built in West Deptford. Yet, our contributions have gone far deeper—from counseling local businesses on how to reach clean energy goals and operating battery storage facilities to providing dozens of solar sites on buildings from Cape May to High Point and working to help New Jersey reach its offshore wind goals. We know how to get big, complex projects done on time and on budget. We power homes, neighborhoods, and entire cities, all while putting customers first, prioritizing the environment, and working with local communities to create jobs and limit disruptions. NextEra Energy Transmission is committed to empowering a greener New Jersey.