Judicial vacancies are at record levels. While vacancies are not a new phenomenon in the New Jersey court system, as more judges reach mandatory retirement age or leave the bench for other reasons, this void has continued to expand. In some vicinages, divorce cases may last four, five or even six years. On Feb. 7, 2023, Chief Justice of the New Jersey Supreme Court Stuart Rabner issued a statement, in which he labeled this issue a "crisis" and suspended all matrimonial trials in Vicinage 13 (Hunterdon, Somerset and Warren counties) and Vicinage 15 (Cumberland, Gloucester and Salem counties). Rabner warned of the possibility that other vicinages may soon be forced to follow suit if this problem is not rectified in due course. In fact, since that time, some vicinages have implemented a de facto (or unspoken) suspension of trials.

As family law practitioners, we understand the genuine value of resolving cases outside of the court system—especially in the wake of this judicial vacancy crisis. However, our willingness to avoid litigation must be accompanied by an assurance to our clients that alternative dispute resolution will protect our clients' rights if they choose to remove the case (or keep the case from) the court system. With that in mind, we turn our attention toward why the pending legislation aiming to cure the "Carr black hole" has been delayed.