News : POLITICO New Jersey Playbook: State Supreme Court waiting game

Wednesday, August 3, 2022

POLITICO New Jersey Playbook: State Supreme Court waiting game

Aug 03, 2022

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By Matt Friedman

Presented by Rise Light & Power

Good Wednesday morning!

The state Senate Judiciary Committee has released its agenda for a Monday meeting.

Acting Attorney General Matt Platkin is up for confirmation now that state Sen. Dick Codey (D-Essex) has signed off on his nomination, removing his last obstacle. And two new Superior Court judge nominees are up, along with an administrative law judge nominee, which can't hurt but won't alleviate the severe judge shortage.

Also notable: Democratic fundraiser Zenon Christodoulou 's nomination to the Board of Public Utilities will be heard, and the confirmation of Atlantic County Prosecutor William Reynolds looks like it will be… uh, wrapped up. Judiciary Chair Brian Stack's bill to preserve Caven Point in Liberty State Park is on agenda, though the bigger question is whether it advances in the Assembly.

Here's what not to expect Monday: Any movement on Supreme Court nominees. The Murphy administration and state Sen. Holly Schepisi (R-Bergen) have not reached an agreement on Rachel Wainer Apter's nomination to the high court. They're talking, but I'm told that if they don't come to a deal soon — roughly within the next month — expect Wainer Apter to move to a county where Schepisi won't be able to exercise the unwritten rule of senatorial courtesy, and more Murphy-friendly senators won't enact it.

As for the other two vacant Supreme Court seats: Expect Murphy to nominate a Republican successor to retired Justice Francisco Fernandez-Vina, either concurrent with or around the same time that Apter's nomination gets the go-ahead. But the administration is early in the process of vetting nominees to replace the most recently retired justice, Barry Albin.

So expect Supreme Court negotiations to come to a head soon. Schepisi told me yesterday that the first communication she's had with the Murphy administration on the Supreme Court in the last six weeks came on Monday.

"I offered up a proposal to potentially break the log jam and I'm just waiting to hear back," she said. What that proposal was, she wouldn't say.

DAYS SINCE MURPHY REFUSED TO SAY WHETHER HIS WIFE'S NON-PROFIT SHOULD DISCLOSE DONORS: 168

WHERE'S MURPHY? In East Rutherford to sign a bill on outdoor dining at 11 a.m.

QUOTE OF THE DAY: "Bombs going off every day … All these things the community wanted addressed seemed to have been on the backburner to our personal drama. It's embarrassing. Every meeting turns into a yelling match." — Trenton Councilmember Joe Harrison on the state of city government

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

HAPPY BIRTHDAY — Former Star-Ledger editor Peggy Ackermann, DCA's Chris Brown, former Lambertville Mayor Julia Fahl, Bloustein School's Marc Pfeiffer

A message from Rise Light & Power:

Repurposing the Past to Power New Jersey's Future — The Outerbridge Renewable Connector is an "extension cord" that would link offshore wind energy to more than 1.4 million New Jersey homes under a proposal pending before the New Jersey Board of Public Utilities. Revitalization of a former coal plant would advance the region as a gateway of clean energy and further position New Jersey as a national leader in the fight against climate change.

WHAT TRENTON MADE

THREAT LEVEL MIDNIGHT — " NJ schools must create threat assessment teams this fall under new state law ," by The Record's Mary Ann Koruth: "A new law signed Monday by Gov. Phil Murphy requires all New Jersey public school districts to create threat assessment teams starting in September that will assess students who may pose a threat to school safety. State lawmakers introduced the bill requiring all public and charter schools to create teams of staff members as a preventive measure along with other student mental health initiatives a day after the May school shooting in Uvalde, Texas that left 19 children and two teachers dead. The threat assessment teams will be created by local boards of education and consist of teachers, administrators and a law enforcement liaison to help identify students who may be at risk of engaging in violent and harmful acts, and establish strategies to intervene with those students"

COVID TESTS — "N.J. lawmaker calls to end COVID testing for unvaccinated school staff as the state preps back-to-school guidelines ," by The Philadelphia Inquirer's Oona Goodin-Smith : "A New Jersey lawmaker is calling for Gov. Phil Murphy to put an end to a year-old mandate requiring school district employees to either get fully vaccinated against COVID-19 or test weekly for the virus — as the governor's administration reviews its COVID protocols for the coming school year. State Sen. Kristin Corrado, a Republican who represents Bergen, Essex, Morris and Passaic Counties, sent a letter to Murphy last week, writing that 'September marks a return of confusion and concern for thousands [of] school employees who are not vaccinated and have no idea what to expect regarding weekly COVID testing.' … In a statement, a Murphy spokesperson said that "the administration is currently reviewing in-school COVID-related protocols and procedures in preparation for the coming school year."

O'TOOLE SAGA — Working Families Party calls for 'full investigations' of Port Authority chair , by POLITICO's Ry Rivard: The Working Families Party in both New York and New Jersey is calling for "full investigations" of Port Authority Chair Kevin O'Toole, who is accused by his sister in a bombshell lawsuit of using his political influence to block her promotion within a local New Jersey police department. O'Toole, the head of the bi-state state Port Authority of New York and New Jersey, may already be subject of one investigation. But if there's not an investigation, there should be, according to the Working Families parties, and if there's only one, there should be several, including one by the New Jersey Civil Service Commission and another by the Port Authority's own inspector general.

—" The O'Toole Chronicles: Senator Wynona Lipman "

—" New program aims to get minorities more involved in New Jersey's cannabis industry "

—" NJ small business community crying out for relief from inflation, labor shortage issues "

—" Reina backs out of 12th District race after brief campaign "

—" New Gateway Tunnel boss digs in to build an organization the feds could invest billions in"

—" Civil rights advocates demand oversight of automated decision-making systems "

—" Advocates demand funding for violence intervention programs "

—" Anger builds at monkeypox messaging "

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

CHAIRMAN MAL — " Many Dems voted to limit TikTok. Now they're using it ," by The Hill's Rebecca Beitsch: "Campaign season has more Democrats turning to TikTok as they seek to reach new demographics ahead of the crucial midterm elections — despite warnings from colleagues about security issues tied to the popular app … Rep. Tom Malinowski (D-N.J.), a former assistant secretary of state for democracy, human rights and labor under the Obama administration who has been critical of the Chinese government, has just one video on the site. 'We only just put something up for the first time. So it's not something I have used extensively. I do have concerns about the company. At the same time, tens of millions of Americans are on the site. So, you know, we're on Facebook, even though I think Facebook has probably done more damage to American democracy than any company anywhere in the world. So this is always a dilemma,' he said. 'I have a lot of concerns about social media – including with regard to TikTok – but it's very hard for a member of Congress to not be on a platform that my constituents are communicating on,' he said. 'I'm not just going to send snail mail to my constituents. I've got to be on the platforms they're on.'"

—Steinberg: " The Whitman-Yang Forward Party: The charge of the lightweight brigade "

FORWARD PARTY TO INTRODUCE INNOVATIVE NEW PENSION BOND SCHEME — " Christie Whitman's third-party move is moderately dumb ," by The Star-Ledger's Paul Mulshine: "Assuming Whitman's too smart to think that a Forward Party candidate will one day win the White House, there's one other explanation for her actions: She's trying to do to the Republican Party nationally what she already did to the Republican Party on the state level. In 1993 Whitman was one of a number of Republicans swept into office in the landslide that unseated Democratic Gov. Jim Florio. But by the time her second term ended in 2002, the Democrats controlled the executive branch as well as the Assembly, with a 50-50 split in the Senate. In other words, she left the state party in the same mess that Donald Trump left the national party. Perhaps there's something in the water in the part of the state where Whitman's estate and Trump's country club are located. Despite their differences, they seem to be teaming up to tear apart the Grand Old Party, Whitman from the left and The Donald from the right."

THE OTHER SIDE OF THE COYNE — Megan Coyne, one of the two women who made the @NJGov Twitter account into an irreverent must-follow that attracted international attention — and constantly taunted Delaware , because why not? — is joining the Biden administration as "deputy platforms director." I don't know what that means, but considering Biden's from Delaware, I'm surprised she wasn't blacklisted from the White House.

—" Vice President returning To N.J. on Saturday for DNC fundraiser In Princeton "

—" Booker pushes to end lifetime terms for Supreme Court justices after Roe v. Wade decision "

—" Andy Kim accompanying pelosi on controversial Taiwan trip; China issues new threats "

A message from Rise Light & Power:

LOCAL

SUE AC — " State must pay Atlantic County millions more under old PILOT rules, judge orders ," by The Press of Atlantic City's Michelle Brunetti Post: New Jersey Superior Court Judge Michael Blee has ordered the state to make an immediate payment of $2.36 million to Atlantic County, and more substantial future payments, in a decision in the county's lawsuit over changes to the casino payments-in-lieu-of taxes legislation. But the state on Monday filed paperwork asking Blee for a a stay, which would prevent the state from having to make the $2.36 million payment this week and two payments of about $5.6 million on Aug. 15 and Nov. 15. The state must make the first payment by Aug. 5, according to Blee's Friday order, to cover the shortfall in payments made to the county so far this year, according to a statement from county spokesperson Linda Gilmore. If the payments are ultimately upheld, the county would receive more than $22 million in PILOT payments this year, according to Gilmore … Superior Court Judge Joseph Marczyk had previously ruled that the state had violated the terms of a 2018 consent order when it changed the rules of how casinos would make PILOT payments. The new legislation removed internet and sports gaming revenues from what the state considered gross gaming revenues, and the county estimated that change would cost it about $5 million a year."

—" Solar power from Extra Space will bring clean energy to 1,400 households "

—" Retired N.J. State Police commander named Newark's new public safety director "

—" Red food dye was improperly dumped into wastewater in South Jersey, discoloring Pennsauken Creek "

—Snowflack: " Is Morris Township GOP ready to rebound? "

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EVERYTHING ELSE

THE UMPIRE STRIKES BACK — " N.J. umpire whose jaw was broken by coach: 'I don't want this to ever happen to anyone else' ," by NJ Advance Media's Matthew Stanmyre: "As Jim Neely reeled from a jaw-breaking punch to his face, he watched his attacker sprint from the baseball field to his truck in the parking lot. Oh no, Neely thought. He's going to get a gun. When Neely began officiating youth sports games in 1987, he saw it as an opportunity to connect with his community, make a few bucks and get some free exercise. He never imagined it would put his life in jeopardy. But that's the situation Neely, 72, found himself in on June 4 in Branchburg, when a coach nearly half his age viciously attacked him during the third inning of a 13-and-under baseball game and after arguing a balk call. The attacker, Jerry Otero, 40, fled after the punch and no weapons were involved … Otero, from Staten Island, has been charged with third-degree aggravated assault and fourth-degree assault at a youth sporting event, and Neely has filed a lawsuit seeking damages for injuries sustained in the attack. The suit also names as defendants Otero's travel team, the Staten Island-based New York Prospects and its team president, the league that hosted the game, the U.S. Amateur Baseball League, and 10 John Does or parents from the Staten Island team who 'verbally encouraged and/or fostered the assault.' The multi-pronged lawsuit is intending to send a stark message to disorderly sports fans across the country: Enough is enough."

THE HESSIAN'S BACK AND HE'S DEADER THAN EVER — " Remains of Revolutionary War soldiers killed in 1777 found in N.J. field ," by NJ Advance Media's Rob Jennings: "In a remarkable find that adds a new chapter to New Jersey's distinguished Revolutionary War history, the 245-year-old remains of a group of soldiers have been found in a field in Gloucester County near the site of a key battle in the nation's fight for independence. An archeological dig just outside Red Bank Battlefield Park has uncovered the skeletal remains of up to 12 individuals — believed to be Hessian soldiers fighting for Great Britain against the Continental Army — who were killed during a one-day battle in 1777, according to Rowan University officials who help coordinate a dig at the site.They also uncovered a wide range of other items, including musket balls, brass buttons, a uniform knee buckle containing human blood, and a King George III gold guinea that would have been the equivalent of a soldier's monthly pay, officials said."

CANADIAN NIGHTMARE — " American Dream mall misses payment on N.J. grant-backed debt ," by Bloomberg's Amanda Albright, Martin Z Braun, and Elise Young: "American Dream, the $5 billion mall and entertainment complex in New Jersey's Meadowlands, failed to make an interest payment that was due Monday on municipal bonds sold to help finance the venture. The more than 3 million-square-foot destination mall, which features an indoor ski slope, amusement park and water park, didn't make an $8.8 million payment, according to a regulatory filing … About $290 million of muni debt issued for American Dream is backed by New Jersey economic development grants based on sales-tax collections. As of early July, after the start of the state's fiscal year, New Jersey's Economic Development Authority hadn't approved documents certifying project expenditures by developer Triple Five Group. Those documents are needed to release the grants."

TEAD OFF — " Wawa 'Shore Tea' drink stirs controversy. N.J. brewer claims idea was stolen ," by NJ Advance Media's Jeremy Schneider: "A New Jersey brewery co-founder claims another state brewery stole his idea in its new beverage partnership with Wawa. The accused brewery says the claim is 'groundless.' Last month, Cape May Brewing Co. and Wawa announced they were collaborating on an alcoholic version of the convenience store chain's iconic iced tea, called Shore Tea. But when Jeff Plate, co-founder of Asbury Park Brewery, heard about the tea, his heart sank. Plate said he began working on a canned hard tea back in 2020, also dubbing it "Shore Tea." He had brewed the beverage with his own recipe, secured the trademark — the trademark for "Shore Tea" is indeed registered under Plate's name, according to the U.S. Patent and Trademark Office website — and the branding, packaging materials and even a website domain were all ready to go, he said. He left Asbury Park Brewery in March 2022 to pursue other projects — including Shore Tea. He said he approached Cape May Brewing Co. with the idea earlier this year in hopes of working together."

—" Female horseshoe crabs could lose protection "

— " EPA to clean up South Jersey Superfund site that emits 'harmful vapors' into homes, businesses "

—" How low can NJ gas prices go? Oil analysts warn relief could be short-lived"

A message from Rise Light & Power:

An offshore wind transmission solution pending before the New Jersey Board of Public Utilities would repurpose a brownfield, revitalize an industrial waterfront, generate hundreds of well-paying jobs, and spur economic growth.

The Outerbridge Renewable Connector, proposed by Rise Light & Power, would function as an "extension cord" linking energy generated by offshore wind farms to more than 1.4 million New Jersey homes. By repurposing the past to power the future, Outerbridge is projected to generate more than $1 billion in economic activity while addressing the health and economic dangers of climate change and protecting the Jersey Shore we know and love.