As discussed here, last year the Appellate Division addressed the “unsettled” question of which should come first in a criminal case involving a juvenile sought to be tried as an adult: a suppression motion in the Family Part or a waiver to the Criminal Part? The Appellate Division declined to adopt a bright line rule, instead observing that trial judges have substantial discretion in setting their calendars, and that the order in which to proceed is a “discretionary, highly contextual decision” dependent on the particular circumstances. The court stated, however,...

New Jersey Division of Child Protection & Permanency v. D.C.A., ___ N.J. Super. ___ (App. Div. 2022). This opinion today by Judge Whipple affirmed the decision of a Family Part judge to terminate the parental rights of D.C.A. as to four of her children. As always in these cases, the facts were very sad, and Judge Whipple described them at length. The standard of review of a decision terminating parental rights, Judge Whipple said, is “whether the decision . . . is supported by substantial and credible evidence on the record.” Family Part fact findings receive deference...

D.M.C. v. K.H.G., 471 N.J. Super. 10 (App. Div. 2022). This Family Part appeal involved the dissolution of a marriage that had lasted 31 years. As Judge Mawla described in his opinion, the wife “has been diagnosed with bipolar disorder, manic type with psychotic features, schizophrenia, paranoid type, and schizoaffective disorder, bipolar type. After her initial diagnosis, defendant experienced fifteen psychiatric inpatient hospitalizations, including a breakdown following the filing of the divorce complaint.” As a result, a guardian ad litem (“GAL”) was appointed for...