News: POLITICO New Jersey Playbook: Rabner fills the court

Tuesday, August 16, 2022

POLITICO New Jersey Playbook: Rabner fills the court

Aug 16, 2022

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By Matt Friedman

Presented by Anbaric Development Partners

Good Tuesday morning!

The state Supreme Court will soon be back to seven members in time for the start of its next session.

Chief Justice Rabner yesterday elevated three senior appellate judges to the state's highest court. There have been three vacancies, ultimately stemming from a standoff between Gov. Murphy and state Sen. Holly Schepisi over Rachel Wainer Apter's nomination to one of the seats.

Rabner earlier this year held off on filling the vacancies with appellate judges because at the time the only temporary member, Jose Fuentes, was a Democrat. The next-in-line members based on seniority were also Democrats, so that would have meant doing away with the traditional balance in which no more than four members of the court belong to the same party. Then Justices Faustino Fernandez Vina, a Republican, and Barry Albin, a Democrat, retired.

Fuentes is retiring on September 1 and the next three judges in line for the vacant seats are all Democrats. But one of them, Democrat Carmen Messano, waived his elevation. I don't know if Messano declined the seat as a sacrifice to get the seats filled, but his waiver means that one of the seats will go to a Republican, Doug Fasciale — someone reportedly already under consideration for nomination to the court. That gives Democrats a 4-3 majority on the court, which is within the traditional balance.

But this is all temporary. I expect the standoff to come to a head soon, in which case the interim justices' tenures might be very short.

DAYS SINCE MURPHY REFUSED TO SAY WHETHER HIS WIFE'S NON-PROFIT SHOULD DISCLOSE DONORS: 181

WHERE'S MURPHY? No public schedule

QUOTE OF THE DAY: "In my judgment, I'm the greatest of all time." — State Sen. Jon Bramnick, context not included

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

HAPPY BIRTHDAY — Gov. Phil Murphy, Former U.S. Rep. Dick Zimmer, Vision Media's Paul Swibinski

A message from Anbaric Development Partners:

How offshore wind energy connects to the grid is critically important to the growth and success of the industry. New Jersey's clean energy goals cannot be fully realized without thoughtfully planned transmission. Anbaric's future-focused transmission solution will grow alongside the state's offshore wind industry. By avoiding costly grid upgrades and reducing impacts, our Boardwalk Power Link portfolio will support renewable energy for decades. Learn more about how Anbaric plans to fully support a carbon-free future.

WHAT TRENTON MADE

VACCINE POLICY — New Jersey lifting 'vax or test' mandate for teachers, government employees, by POLITICO's Carly Sitrin : New Jersey is dropping its mandatory Covid-19 test policy for unvaccinated teachers, state government employees, state contractors and child care workers, but will leave vaccination mandates in place for health care and nursing home workers. Gov. Phil Murphy signed an executive order on Monday lifting the state's "vax or test" policy, effective immediately, for school employees and child care workers. The mandate for government employees and state contractors will be lifted Sept. 1 … Under the new executive order, school districts, child care centers, and contractors will be able to institute their own vaccine or testing policies, according to a statement from the governor's office, and schools and child care facilities will still be required to report vaccination and testing data to the state Department of Health.

EVERYBODY NOW FULLY RELIEVED — "N.J. Pandemic Relief Fund is shutting down after $65M in COVID grants," by NJ Advance Medai's Karin Price Mueller : "The New Jersey Pandemic Relief Fund, founded by First Lady Tammy Murphy to 'fight the medical, social and economic impact of COVID-19 on New Jersey's most vulnerable,' is winding down, NJ Advance Media has learned. The fund pulled in big money — $65.3 million — since its launch in March 2020 … The NJPRF gave grants to nearly 600 organizations, from food pantries and soup kitchens, to education and child care groups, to housing assistance programs and religious institutions, including $21 million distributed in the first month alone … [G]rants included $2 million for a TCNJ School of Education tutoring program, nearly $3 million to the Community Food Bank of New Jersey, $441,000 to Rutgers University's Nurse2Nurse mental health helpline and $250,000 to Family Promise, a nonprofit that works to end family homelessness. While all of the beneficiaries said they were grateful for the help, many said they would have liked to see the fund continue because their needs have not yet been satisfied. Concerned about fundraising efforts, they did not want to be identified. Murphy said the fund was never supposed to operate forever."

WATERF***ED — New Jersey vacancy leaves Waterfront Commission unable to suspend worker facing assault charges, by POLITICO's Ry Rivard: New Jersey Gov. Phil Murphy's failure to fill a vacancy on the Waterfront Commission, a bistate police agency, means officials are unable to suspend a longshoreman charged with aggravated assault, weapons possession and other crimes. This represents a politically problematic development for New Jersey and the Murphy administration, which has threatened in recent months to grind the commission's work to halt as part of a long-running battle with New York over control of the waterfront workforce … New York's waterfront commissioner, Paul Weinstein, a former federal prosecutor, voted to suspend the worker. But New Jersey hasn't had a commissioner since the last one resigned in May. Even though Murphy vowed to fill the vacancy, he hasn't. That meant the police agency, which is supposed to have one commissioner from New York and another from New Jersey, was unable to act.

SLOWER AND HARDER — "Disabled people want to work, and Murphy signed a law to help them. Why are state officials holding it up? ," by NJ Advance Media's Susan K. Livio: "Working from home in Robbinsville as a roadside assistance manager for a transportation company gave Stephen Gruzlovic some financial independence — until he was forced to quit five years ago. The 33-year-old college graduate couldn't live without the Medicaid benefits that pay for the home health aide who helps him out of bed every day and into his wheelchair. The rules said he earned too much to keep his benefits. In January, however, Gov. Phil Murphy signed a law that promised to end these difficult choices for people with disabilities who can and want to work. The new NJ WorkAbility program allows people to earn a living without income and age limits while continuing to qualify for the expensive services they cannot live without that are covered under the state and federally funded Medicaid program. Nearly seven months, later, however, the Murphy administration appears to be no closer to making the new WorkAbility law work. The state Department of Human Services has not yet gotten permission from the federal government to change the rules, nor has the state decided how to implement the law. The biggest point of contention is whether the state should charge people a fee for using the program — something some but not all states with similar programs do."

—"Cost of health benefits under review"

—" Bill would make 'bleed control' part of high school curriculum"

—"Office of Legislative Services welcomes new leaders in Trenton"

—"New Jersey joins multistate effort to clean up voter registration data"

—" Mental health of migrant workers now in focus"

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

DARK MONEY — "What special interests, megadonors are influencing NJ's congressional races with money?" by The Record's Ashley Balcerzak: "Independent groups spent nearly $1.3 million in New Jersey congressional races so far during the current cycle, with those boosting liberal candidates spending nearly twice as much as conservative groups, or $827,000 compared to $450,000 … Opportunity for All Action Fund. Type: 501(c)(4). Spent: $153,000 to oppose Republican challenger Frank Pallotta in the 5th Congressional District and $70,000 to back Democratic Rep. Donald Payne Jr. in the 10th Congressional District.Donors: Unknown. "' vote for Frank Pallotta means the return of Donald Trump.' "Fank Pallotta is a Trump Republican and would be an important backer for Trump's agenda and values in Congress.' This Democratic dark money group wrote these captions on digital ads in the days before New Jersey's primary, trying to link Donald Trump to Republican Frank Pallotta, who won the nomination and will face incumbent Josh Gottheimer in November — a rematch from two years ago when Gottheimer won by 7.6 points. It's a similar message to what Gottheimer's campaign pushed out in flyers during Pallotta's primary against former U.S. Marine Nick De Gregorio — the flyers displayed Trump's 2020 endorsement of Pallotta."

—" N.J., N.Y. congressional members: Audit MTA before congestion pricing is OK'd"

—"Booker, Sherrill promise LGBTQ support in Denville town hall at new health center "

A message from Anbaric Development Partners:

LOCAL

TRUMP DEGISE — "Hudson County executive lashes out at Jersey Journal's coverage of daughter's hit-and-run," by The Jersey Journal's Haresh Oudhnarine: "[I]n a Facebook post Saturday he called out The Jersey Journal as a 'rag' for its reporting of the hit-and-run and follow-up reports on DeGise — which include her troubling driving record, dozens of parking tickets, an unpaid veterinarian bill and her residence in an apartment complex mean for low- to moderate-income families even she earns nearly $200,000 a year.Meanwhile, Amy DeGise made her first public appearance since the July 19 hit-and-run Monday morning at the City Council caucus meeting at City Hall. The 36-year-old didn't speak a word during the two-hour meeting that included a full agenda of items. In the Facebook post that received dozens of supportive comments, the elder DeGise said the Journal 'has become a mean spirited tabloid and an attack dog for the radical left.' Commenters latched onto to two flat-out false statements the county executive made … Among the people who responded to the Facebook post were Kearny Mayor Al Santos and Jersey City Councilman Rich Boggiano, who has declined to comment publicly … Former Jersey City Council President Mariano Vega, convicted of taking bribes in the Bid Rig federal corruption sting, responded to DeGise's post with 'Well said.'"

AMY PAYME — " Jersey City Councilwoman DeGise was taken to court for unpaid bills at MRI center, medical lab," by Hudson County View's John Heinis: "Jersey Advanced MRI & Diagnostic Center, located in North Bergen, filed a complaint in Hudson County Superior Court against DeGise via Denville-based attorney Michael Harrison on May 5th, 2016, according to a filing in the case. The writ returned by the court on December 28th of the same year said the court collected $2,780.14. DeGise was sworn into the Jersey City Board of Education about two weeks later … About four-and-a-half months later, on May 24th, 2017, United Medical Lab, based out of Mineola, New York, filed a complaint that said DeGise owed $1,838.16 for non-payment of services rendered."

HUDSON DEMS: WELL YOU SAID YOU WANTED DEGISE OUT OF OFFICE —"Tom DeGise will retire as Hudson County Executive next year," by New Jersey Globe's David Wildstein: "Hudson County Executive Thomas DeGise has begun making calls to local Democrats informing them that he will not seek re-election to a seventh term, marking an end to a 29-year career in local politics, the New Jersey Globe has confirmed. The news is not unexpected … Craig Guy, DeGise's longtime chief of staff, is the leading candidate for the Democratic nomination for county executive."

BASED ON NJ'S TRACK RECORD WITH EXXONMOBIL SETTLEMENTS I ASSUME THE STATE WAS ORIGINALLY SUING FOR $332M — " ExxonMobil to pay $9.5M for contamination in Gloucester County," by NJ 101.5's Dino Flammia : "The judgment announced Monday stems from a 2019 lawsuit centered on dumping activity that took place at ExxonMobil's 12-acre Lail site in East Greenwich Township and Paulsboro Borough. According to the lawsuit, Mobil Corp. in the late 1950s used the Lail property to dispose of drums filled with petroleum products and other hazardous substances. The property sits in a tidal area of the Delaware Estuary and is directly connected to the Mantua Creek, which runs into the Delaware River. Before the Natural Resource Damages lawsuit was filed, inspections and testing found that certain hazardous substances, known as polychlorinated biphenyls, remained on and around the property, including in groundwater, soil, and sediment, despite efforts to remediate the site. PCBs are known to pose multiple health risks to animals and humans."

MCGUCKRAKER — "Toms River councilman calls on township attorney to resign," by The Asbury Park Press' Jean Mikle: "Councilman Justin Lamb called on Township Attorney Gregory P. McGuckin to resign from his township job Wednesday evening, linking McGuckin to surveillance of Lamb − and possibly his wife, Ashley − that the Ocean County Republican organization had paid for in the month of April. "I am appalled by this disturbing revelation," Lamb said at the Township Council meeting. 'This witchhunt, orchestrated by Mr. McGuckin and possibly this administration, is creepy and perverted. ... I call on you, Assemblyman McGuckin, to resign, in light of your poor conduct.' McGuckin, a GOP state Assemblyman, made no comment during the meeting, but after it was over, he said he had no plans to resign from his position as head of the township's Law Department. Mcguckin said, 'the facts, as related by Mr. Lamb, are not accurate,' and said he would have no further comment, except to reiterate that Toms River had cooperated with a grandy jury subpoena from the Ocean County Prosecutor's Office requesting nominating petitions from the 2021 GOP primary, in which Lamb was a successful candidate."

—" Cannabis zoning lawsuit by homeowners reaches settlement with Vineland and developer"

—"North Haledon is 'out of options,' files suit against T-Mobile to remove 150-foot tower"

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EVERYTHING ELSE

420 YOU SAY? — "Driver caught with 420 lbs. of weed in car in N.J. town, authorities say," by NJ Advance Media's Jeff Goldman: "A New York City man was arrested in Bergen County on Thursday after investigators found about 420 pounds of marijuana in his vehicle, officials said Li Fan Feng, 20, of Flushing, was charged with possession with intent to distribute more than 400 pounds of marijuana, the Bergen County Prosecutor's Office said. He was arrested in Ridgefield. Feng was packaging and transporting bulk amounts of pot throughout the county, authorities said."

YOU MIGHT REMEMBER HIM FROM STEVE LONEGAN 2009 CAMPAIGN EVENTS — " Positively New Jersey: Rocking out with 'Shorty Long' and the Jersey Horns," by News 12's Brian Donohue : "There are few New Jersey experiences more sublime than hearing a great band in a Jersey Shore boardwalk bar on a perfect summer evening. It's a ritual that's long been a celebration of fleeting Jersey summers. But then, throw in this: a lead singer with a presence so compelling and a story so inspiring it reminds you that you're seeing something totally unique."

—" South Jersey Black small business owners don't sugarcoat negative impacts of COVID"

—"Staffing issues at Newark airport could cause 2-hour flight delays, FAA says"

—"NJ dog attacked by a bear is expected to recover. Here's how to keep your pet safe"

—" Long-troubled nursing home that once housed hundreds of residents is now totally empty"

—" Tabula Rasa stock fell and shareholders pushed back as CEO couple builds South Jersey mansion "

A message from Anbaric Development Partners:

Governor Murphy has advanced New Jersey's position as a national leader in the fight against climate change—and Anbaric is proud to have worked alongside the state to prioritize offshore wind transmission during its historic solicitation process.

Our climate crisis demands bold solutions enacted by leaders focused on the future. As the long-term lone industry advocate for a planned transmission approach, Anbaric is positioned to bring offshore wind energy to shore while prioritizing ratepayers, the environment, and the future.

Our Boardwalk Power Link portfolio featuring a range of projects offers an unparalleled proposal in response to the state's first-in-the-nation offshore wind solicitation. By maximizing strategic onshore interconnection points, such as the Deans Substation in Middlesex County, our transmission infrastructure is designed to bring clean energy to shore through a strong, reliable network.

With decades of experience throughout the Northeast, Anbaric is prepared to power New Jersey's clean energy revolution.