Changes in the Howes & Howes Practice in 2012

Howes & Howes is a small law firm located in the heart of New Jersey.  We are in the twentieth year of service to clients in New Jersey.  With two experienced lawyers and two top-notch legal assistants, we will continue to provide the same level of service to clients as we have for the past two decades, with some small changes due to the appointment of H&H partner Katherine Howes as Judge of the Bound Brook Municipal Court.

The 2012 Primary Ballot:  Storm Clouds on the Horizon

There is one aspect of elections that receives little public attention:  The creation of the ballot in primary elections.  There are statutes and constitutional principles that undergird the ballot creation process.  Each and every one of those legal principles will be in play in the coming months as County Clerks all across the Garden State design primary election ballots for the June primary.  H&H partner Tim Howes has been involved in significant ballot litigation since 2001, and currently serves as Associate General Counsel to the NJGOP, and is keeping a watchful eye on the ballot design process.

N.J. Legislative Vacancy Law in Action

During the past two months, New Jersey has lost two well-loved veteran legislatures, both of whom passed away before they could begin a new term in office.  Hon. Peter Biondi passed away two days after winning another term in the 2011 General Election.  Hon. Alex DeCroce passed away the day before he was to begin a new term.  New Jersey election law anticipates even tragic events like these and provides a roadmap to fill the vacancy.  H&H partner Tim Howes served as counsel and parliamentarian to the Title 19 convention held to determine the interim successor in New Jersey’s Sixteenth Legislative District.

Congratulations to Judge Howes

On January 1, 2011, Howes & Howes rang in the new year with a big accomplishment. Bound Brook Mayor Carey Pilato nominated H&H partner Katherine Howes to be the Judge of the Bound Brook Municipal Court.  The borough council unanimously confirmed her. This is a part-time job.  It will not cause any major changes in the practice or operation of Howes & Howes. We will still serve our clients here in New Jersey, just as we have since 1991.

South Amboy Election Contest:  Appellate Division Disqualifies a Voter

The 2010 election for Mayor of South Amboy is still not over.  The Appellate Division handed challenger Mary O’Connor a victory in a decision reported today (November 23, 2011) when it disqualified one voter on the basis that she was not properly domiciled in South Amboy.  Practically speaking, that leaves a one vote margin between the two leading candidates.  The opinion is of interest for its analysis of the law governing domicile.

Hudson County Success Story:  Court Finds No Neglect Against H&H Client

Howes & Howes represents parents statewide.  In a recent Hudson County case, the Division accused our client of perpetrating domestic violence, and the client’s spouse of failing to protect the children from the alleged domestic violence.  The case was based almost entirely on the suspicions and hunches of the Division case worker.  The case culminated in a fact-finding hearing.  After two sessions of testimony, the trial court found no child abuse or neglect, and dismissed the case.

A Look Back at 2003:  The 31st Legislative District Showdown

The 31st Legislative District has been a fault line in Hudson County Democratic politics for the past decade.  Factions of the Democratic Party have fought over the State Senate Seat and the two Assembly seats in knock-down drag-out fashion.  In 2003 there was a cataclysmic battle between the forces of the Hudson County Democratic Organization, led by Joe Doria, and the forces of the Reform Democrats, led by Mayor Glenn Cunningham.  And like many things that happen in Hudson County politics, the election ended up in the law books.

Morris County Freeholder Appeal Takes an Interesting Turn

Howes & Howes has been following the Morris County Freeholder election contest very closely.  The case has provided a lot of drama and several insights into the New Jersey election laws.  The latest bombshell in the case came today (October 5) when the Appellate Division allowed the New Jersey Election Law Enforcement Commission to intervene in the case, adding another twist to this unique case.

A Child Alone in a Car:  Neglect?

For years, DYFS has argued that the mere act of leaving a child unattended in a car means that a parent or guardian has committed child neglect.  A recent decision of the New Jersey Appellate Division tells DYFS to wait just one minute.  Leaving a child alone in a car is not in-and-of-itself grossly negligent, and therefore, is not neglect.  Howes & Howes is involved in several such cases, and is prepared to defend a parent or guardian from allegations of neglect.

The Superior Court Upholds the Constitution in Jersey City Ballot Case

The Jersey City election found its way into the courthouse this week when one of the independent candidates for City Council At-Large asked the court to reverse the decision of the Hudson County Clerk to allow bracketing of candidates on the ballot.  Howes & Howes appeared in the case on behalf of another independent candidate, P.J. Leonard, who agreed with the decision of the County Clerk.  After reading our brief and hearing oral argument, the court upheld the law and the constitution, and allowed the County Clerk to proceed as planned.

Judge Voids the Morris County Freeholder Primary Election

Political newcomer Hank Lyon came from nowhere to stun Morris County on primary election day.  He outpolled four term incumbent Margaret Nordstrom by ten votes out of approximately 24,500 cast in the Republican primary election.  There was a recount, followed by an election contest.  The election contest was tried over the course of a month.  At the conclusion of the trial, the Superior Court voided the election and threw the race to the Morris County Republican County Committee.

The Jersey City Ballot “Bracketing” Challenge is a Publicity Stunt

On November 8, 2011, there will be a special election for two at-large seats on the Jersey City City Council.  There are nineteen candidates for those two seats.  Three teams of candidates have requested to be associated together on the ballot for the special election.  One of the independent candidates has filed court papers objecting to bracketing.  What this candidate may not know is that bracketing is a constitutional right.