A Flip in Time — For months, Sen. Robert Menendez had blocked U.S. Magistrate Judge Patty Shwartz‘s nomination to the Third Circuit amid accusations that it was for personal reasons. On Jan. 6, he denied holding a grudge against an assistant U.S. attorney with whom Shwartz had a long-term romantic relationship. Rather, he insisted, Shwartz “did not adequately demonstrate the breadth of knowledge of constitutional law and pivotal Supreme Court decisions” needed for the job. He cited in particular the Citizens United ruling on corporate campaign spending. But by Jan. 13, Menendez had reinterviewed Shwartz and relented, saying, “She adequately allayed my earlier concerns.” Shwartz was still awaiting Senate approval as of the year’s end.


Virtual Office

Bricks Stay Mortared — The state Supreme Court’s Professional Responsibility Rules Committee recommended an unprecedented loosening of the “bona fide office” rule: lifting the requirement of a physical plant so long as the lawyer was reachable by clients, other lawyers and the courts for official business, including service of process. The proposal, a concession to new-age technology that makes it easy for lawyers to work remotely, was warmly hailed by solo and part-time practitioners, especially those with child-care responsibilities. But the court apparently had trepidations, keeping the recommendation “under consideration.” There was still no action as of year’s end.


Phillip Kwon

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