February 7, 2008
In This Issue
1. Palimony expanded in New Jersey
2. Contract Like support/palimony case could be heard in Probate Court
3. Suit for tortious interference with a Bequest must be filed in Probate Court
4. Drug Court Expanded in NJ
5. Hardship Exemption to Avoid Driver License Suspension Explained
6. Volunteer Legal Interns Needed, Public Defender of Metuchen
1. Palimony expanded in New Jersey.
Rosemary Connell v. Edward Diehl 01-08-08
The court held in this palimony action that the supporting person's sole ownership of assets accumulated during their uninterrupted thirty-year cohabitation was not inconsistent with a promise of support for life. The court also held that the dependent person was not required to prove that she expected any remuneration for her efforts to contribute to their marital-type lifestyle over the years. Finally, the court held that a trial judge in calculating a lump-sum palimony award is not required to place the dependent person in the lifestyle she and the supporting person enjoyed, but rather to provide reasonable support sufficient to meet her minimal needs and prevent the necessity of public welfare, and in doing so must consider inflation in calculating the lump-sum award.
2. Contract Like support/ palimony case could be heard in Probate Court.
In the Matter of the Estate of Robert O. Quarg, deceased 1-23-08
Decedent's wife, from whom he had been estranged for over forty years, appealed the Chancery Division's order imposing a constructive trust on her surviving spouse's share of decedent's intestate estate in favor of decedent's companion, with whom he had lived since shortly after the estrangement. The court held that, decedent's conduct and actions, together with the lengthy time decedent and his companion lived together, and their mutual consideration as husband and wife, was sufficient to establish a question of fact whether there was an implied promise by decedent to ensure that his companion received adequate provisions during the remainder of her life. The court determined that the Chancery Division mistakenly relied upon an equitable principle of a constructive trust and the court remanded the matter for a determination whether such an implied contractual promise could be established.
3. Suit for tortious interference with a Bequest must be filed in Probate Court Felix M. Garruto, et al. v. Lorraine Cannici 12-21-07.
The Court held that an action for tortious interference with a bequest, premised upon undue influence by means of fraud, is barred when plaintiffs, with knowledge of probate proceedings, have failed to file a timely challenge to the will in probate court.
4. Drug Court Expanded in NJ. State v. Meyer 192 NJ 421 (2007)
Nonviolent drug-dependent defendants who are not eligible for special probation under N.J.S.A. 2C:35-14 may be admitted into Drug Court if they meet the admission requirements in the AOC's Drug Court Manual.
5. Hardship Exemption to Avoid Driver License Suspension Explained. State v. Bendix ___ NJ Super. ___ (App. Div. Decided October 11, 2007)
The court concluded that the trial court took too restrictive a view of the court's discretion, under N.J.S.A. 2C:35-16a, to grant defendant a hardship exception from the requirement that his driver's license be suspended due to his conviction for drug offenses. In remanding for a new hearing on the exception issue, the court provided guidance as to the proper procedures for conducting the hearing. Defense counsel should present his client's application through formal witness testimony, and the State's opposition should likewise be presented through testimony rather than representations of counsel. (*Approved for Publication date).
6. Volunteer Legal Interns Needed - Public Defender of Metuchen
The Public Defenders provide Indigent individuals charged with criminal or serious motor vehicle charges with free or limited cost legal defense. The Public Defender now offers Wednesday night Internships. The Public Defender of Metuchen again invites college students interested in attending law school or a career in law enforcement to serve as volunteer interns. Can you spare one night per week to help indigent people in need?
Wednesday 4pm PM [approx]- 8:30 PM , Friday 9-2 optional
Mail or fax cover letter and resume to 732-572-0030 fax
Kenneth Vercammen, Esq.
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave.
Edison, NJ 08817
VOLUNTEER INTERNSHIP DESCRIPTION:
INTERVIEW CLIENTS FACING CHARGES IN MUNICIPAL COURT INCLUDING DRUG POSSESSION, DRUNK DRIVING, ASSAULT, THEFT, DRIVING WHILE SUSPENDED AND OTHER DISORDERLY AND TRAFFIC OFFENSES
MAKE DEMANDS FOR DISCOVERY AND REVIEW POLICE REPORTS
ATTEND TRIALS AND LEARN FROM EXPERIENCED TRIAL ATTORNEYS, PREPARE MOTIONS TO SUPPRESS AND MOTIONS TO DISMISS.
CONDUCT APPROPRIATE LEGAL RESEARCH
ACQUIRE SKILLS IN CRIMINAL LAW AND PROCEDURE BY ACTIVE PARTICIPATION
PARTICIPATE IN MARKETING PROJECTS AND PUBLIC RELATIONS ACTIVITIES
Update Lists of Prosecutors, Judges and Attorneys for publication of NJ Municipal Court Law Review.
Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude.
In additional to time in court, you will be given research assignments. You can work more hours if you want. Help people less fortunate than you who are down on their luck. Minimum time commitment 10 hours per week.
Mail or fax cover letter and resume to Kenneth Vercammen, Esq. 732-572-0030 fax Public Defender for the Borough of Metuchen c/o 2053 Woodbridge Avenue, Edison, NJ 08817.
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