Senate Judiciary Committee Clears Acting AG Platkin, Judicial Nominees Confirmed in Rare Summer Legislative Session

On Aug. 8, New Jersey lawmakers returned for an uncommon summer session to address the state’s severe judge shortage as well as to advance the nomination of acting Attorney General Matthew Platkin.

In his testimony before the Senate Judiciary committee, Platkin called himself “profoundly committed” to combating gun violence, fighting for racial justice, strengthening police-community relations, promoting accountability for social media enterprises, and ensuring reproductive rights access, among other objectives.

In an 8-2 vote, Platkin’s nomination was released from committee with Sens. Anthony Bucco, R-Morris/Somerset, and Michael Doherty, R-Hunterdon/Somerset/Warren, voting against the acting attorney general.

“I don’t have trust and confidence that you are going to be evenhanded applying the law and adhering to the constitution,” stated Doherty. “I am a firm no on Mr. Platkin.”

“Based on the testimony that I hear today and Mr. Platkin’s prior performance as chief counsel to the governor … he has deviated, during his short time as acting attorney general, from the core function by focusing more on progressive political policies on a national and local level at the expense of public safety and law enforcement,” stated Bucco. “I vote no.”

“We as Republicans can’t have it both ways,” stated Sen. Jon Bramnick, R-Morris/Somerset/Union. “We can’t condemn a national trend that attacks judicial candidates based on their philosophy and then choose to vote against a qualified candidate, despite the fact that we all have serious concerns about our policy differences. I vote yes.”

“I am grateful for and humbled by the bipartisan support of the Judiciary Committee,” stated Platkin in an official statement following the committee hearing.

“I appreciate the opportunity to answer questions about my priorities as Attorney General, and to discuss the recent accomplishments of our office,” continued Platkin. “I want to thank Governor Murphy for his trust and support in nominating me to serve the people of this state as New Jersey’s Attorney General. I look forward to receiving consideration of the full Senate.”

Judicial Vacancies

In addition to clearing Platkin, the Senate Judiciary Committee released the nominations of  four Superior Court judges, one administrative law judge and one Judge of the Division of Workers’ Compensation, among others.

Nominated to the Superior Court were Naazneen B. Khan of Nutley, Frank C. Testa of Haddonfield, Jeffrey Wilson of Atlantic City and Thomas Comer of Farmingdale. Wilson is to succeed Judge Daniel L. Weiss in the Monmouth County vicinage, while Comer will succeed Judge Mary C. Siracusa in Atlantic County. Testa will serve in Camden County and Khan will serve in Essex.

Neme Akunne of Lawrenceville was nominated as a judge for the Division of Workers’ Compensation and Kimberley Wilson of Trenton was picked as an administrative law judge.

All judicial nominees were successfully released from the Senate Judiciary Committee and confirmed by the full Senate.

State Bar Advocacy

In an Aug. 1 letter, the New Jersey State Bar Association addressed Gov. Phil Murphy and Senate Majority President Nicholas P. Scutari, and shared resolutions adopted by more than two dozen county and affinity bar associations calling for action to resolve the “catastrophic number of vacancies in New Jersey’s Judiciary.”

“The NJSBA is proud to form a united front with bar associations across the state to ensure the Governor’s Office and the Senate put the judicial crisis at the center of their attention,” NJSBA President Jeralyn L. Lawrence said.

The “sustained and growing” number of New Jersey’s judicial vacancies on the state Supreme Court and across the various counties was addressed by Chief Justice Stuart Rabner in his state of the judiciary remarks at the NJSBA convention in May. Rabner discussed the real-world effects of the judicial vacancy rate in the state and the “enormous impact” on individuals and families when their access to courts is severely delayed.

“The average New Jersey resident, who trusts in the justice system to resolve their case adequately and timely, will continue to suffer until the Judiciary is restored with a full complement of judges,” said Lawrence in the letter. “Today, that trust is compromised. Any further delay is a disservice to the state and its residents.”

“These vacancies deprive the Judiciary, a co-equal branch of government that most directly serves the citizens of the state, of its ability to function as contemplated by the New Jersey Constitution, despite the tireless and heroic efforts of the judges who are sitting to ensure the justice system remained open and available to New Jersey citizens throughout the pandemic,” stated the NJSBA letter.

The resolution called on the governor and Senate to “promptly act to fulfill their Constitutional duties” by holding hearings and consenting on all nominees. With less than a month to the start of the new Supreme Court term, the letter implored both branches of government to act “with all haste” to fill New Jersey’s many judicial vacancies.