Appealing a Judgment to the New Jersey Supreme Court
Written by Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a New Jersey Appeals Court Attorney
The Complexities of Filing Appeals With the Supreme Court of New Jersey
An appeal to the Supreme Court of New Jersey can be made from a final judgment of an Appellate Court or lower court when: (1) the appeal was decided by the Appellate Division and it involves a substantial question under the Constitution of the United States or the State of New Jersey: or (2) Where there was a dissent filed by a judge in the Appellate Division; or (3) In cases where appeals to the Supreme Court are permitted by law.
Appeal as a Right from the Appellate Division where there is a substantial constitutional question involved
New Jersey court rules expressly requires that a constitutional question decided by the Appellate Division be appealable to the NJ Supreme Court. The issue however must be a substantial constitutional one in order for the case to be appealable to the Supreme Court as of right. If there is a sufficient constitutional basis for an appeal, the Supreme Court may (but is not mandated to) consider all non-constitutional issues presented with the constitutional question.
Appeal as of Right from an Appellate Division decision where there is a Dissent
The right to appeal to the Supreme Court is limited only to the issue (s) to which the dissenting judge filed a written opinion. A different way to appeal is by certification to the Supreme Court. A petition for Certification must be sought as to all issues that were raised in the Appellate Division but were not the subject of a written opinion by the Appellate Court, or if the issues were the subject of a written opinion they are deemed incorrect as a matter of law.
Fred is a very detailed person. He knows the law and uses it to the fullest to defend his client(s). I had the opportunity to work with Fred several times over the last 25 + years and have been very satisfied with his performance. I would have no reservations in retaining Fred for legal advice if and when the opportunity presented itself.
– Robert W. Bucco Jr
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