Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Monday, October 12, 2009

Court Rule 1:17A-8. Petitions for Review

Court Rule 1:17A-8. Petitions for Review

    (a) Review on Leave Granted by the Supreme Court. The determination of the Committee shall be final unless the Supreme Court grants a petition for review filed pursuant to this Rule, or unless the Court in its sole discretion decides to review the matter.

    (b) Notice. Within 30 days after an employee is notified in writing of the response to the inquiry, or, if a formal opinion has been rendered, within 20 days after its publication, the employee, if aggrieved thereby, may seek review thereof by filing a notice of petition for review with the Clerk of the Supreme Court.

    (c) Application for Waiver of Filing Fee for Petition for Review. At the time of filing of the notice of petition for review, an employee may file with the clerk of the Supreme Court an application for waiver of the filing fee set forth in N.J.S.A. 22A:2-1. Such application may be granted based on the employee's certification that the matter presented for review pertains to the interpretation or administration of the Code of Conduct for Judiciary Employees.

    (d) Record on Petition for Review. If the petition for review is granted, the record on review shall be the formal opinion, if any, or the Committee's written response to the employee issued pursuant to Rule 1:17A-5, the inquiry or memorandum submitted, and any documents relied on by the Committee in arriving at its determination.

    (e) Form of Petition for Review. A petition for review shall contain a short statement of the matter involved, the question presented, the errors complained of, and the arguments in support of petitioner's position.

    (f) Service and Filing of Petition for Review. Within 10 days after filing of the notice of petition for review, the employee shall serve 2 copies of the petition on the Secretary of the Committee and shall file 9 copies thereof with the Clerk of the Supreme Court.

    (g) Final Determination. The final determination of a petition for review may be either by written opinion or by order of the Supreme Court and shall state whether the opinion or other action of the Committee is affirmed, reversed, or modified, or shall provide for such other disposition as is appropriate.