NJ Laws Email Newsletter E405Kenneth Vercammen, Attorney at Law
September 26, 2012
Office Phone Number:
www.njlaws.comIn This Issue:Recent Cases:1. No ConstitutionalPrivacy in CellPhone Number2. Plaintiff Must Provide Proof that Domestic Violence Occurred.3. Key Strategiesto Get the Most Outof Your Website...While Stayingwithin the EthicsRule - A Webinar4. YouTube Videoof the Week!Defenses to Traffic Tickets5. Next Charity Running Races6. Welcome - Fall Law Clerks!
Recent Cases:1. No Constitutional Privacy in Cell Phone Number. State v. DeFranco 426 NJ Super. 240 (App. Div. 2012)The court held that a defendant school teacher, who had previously sexually assaulted a student, did not have a reasonable expectation of privacy in his cell phone number when, at an earlier time, he had given his prior number to the student, did not seek to hide the new number from him, and had disclosed the number to the school for inclusion in its Staff Directory and to multiple parents and students in connection with a school trip that defendant was chaperoning. The court found further that the school's Resource Officer, a policeman functioning in that dual capacity, who was aware of the student's allegations of sexual assault, acted reasonably in requesting the number from the secretary to the school's principal, and that the school acted reasonably in disclosing the number to the officer. As a consequence, the court affirmed the trial court's decision to deny defendant's motion to suppress the transcript of a telephone call between him and the student that was intercepted by the police as a means for corroborating the student's claim of sexual assault with a juvenile.
2. Plaintiff Must Provide Proof that Domestic Violence Occurred. E.A. v. A.A. ___ NJ Super. ___ (App. Div. 2012) A-4391-10T3 UnreportedPlaintiff appealed from an order vacating a temporary restraining order (TRO) and dismissing her complaint against defendant under the Prevention of Domestic Violence Act. The trial judge, after several days of hearings, found that plaintiff had not proven by a preponderance of the credible evidence that acts of domestic violence had occurred, or her past history claims. The judge also had "significant difficulty with the credibility of the plaintiff" and cited several inconsistencies in her proofs. The appellate panel rejected plaintiff's argument that the trial judge imposed an onerous standard of proof upon her at the hearing and relied upon "legally discredited assumptions and stereotypes regarding domestic violence" in assessing the evidence. The judge's evidential determinations were not an abuse of discretion or a clear error in judgment. As to an "unauthenticated text message," the judge did not accord substantial weight to the text message and it was not a critical factor in his credibility findings. Thus, admission of the text message was not "clearly capable of producing an unjust result." Source: firstname.lastname@example.org. Key Strategies to Get the Most Out of Your Website... While Staying within the Ethics Rule - A WebinarSpeaker: Kenneth VercammenSpeaker: Gary VictorEarn up to 1.2 ETHICS Credits Without Leaving Your OfficeThursday, Sep 27, 2012, ONLINE12:00 PM - 1:00 PM
Why You Need To Attend: You and your law firm need an online presence if you want to stay in business in the 21st century. This webinar will show you how to use a website and blogs to their fullest advantage. You will grow your client base and increase your online presence while staying within the ethics rules.
Webinar: Key Strategies to Get the Most out of Your On-Line Presence While Staying within the Ethics RulesONLINE ONLY:What is a Webinar? A webinar is a highly convenient way to attend a live program online, without leaving your home or office.
Please Note: Registrants must have Java (www.java.com) installed and running on their computer in order to participate in the webinar.NJ CLE: Please note-this program is presented as an alternative verifiable learning format and has been approved for 1.2 credits (50 minute credit hour) including 1.2 ethics and professionalism credits.PA CLE: 1.0 ethics credit pending ($4 check payable to NJICLE)NY CLE: (Non-Transitional): 1.0 ethics creditPlease note: In order to receive credits, you must be logged in promptly and remain active throughout the program.NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.2 hours of total CLE credit.
4. YouTube Video of the Week:Defenses to Traffic Ticketshttp://www.youtube.com/watch?v=SZF__2ISK3k5. Next Charity Running Races9/30/12 Jersey Shore Half Marathon & Lighthouse 5k Sandy Hook 9am10/6/12 Wilmington DE Rockford Park 5k10/7/12 Newark DE Clover 5k 1pm10/7/12 Deal 5k Deal hot dogs & free beer10/13/12 Rat Race Saturday, 10:30am A hash style of running or walking 1 - 4 miles over woodland trails/swamp & stream followed by a fantastic party of beer, buns, burgers, pizza pie, music and games for prizes.10/14/12 East Brunswick 5k & 10k1pm RVRR well run eventRoad closed to traffic www.ebrr.org6. Welcome - Fall Law Clerks!The following people students are currently participating in Kenneth Vercammen's Fall Volunteer Internship Program....Aneta Rybanska - Middlesex County CollegeTonianne Dougherty - Montclair State UniversityNicolette Waksmundzki - Rutgers UniversityJill Lifschitz - Queens CollegeKevin Brown - Rutgers University
For more information on our volunteer internship programs, visit: http://www.njlaws.com/intern.html