‘We Need to Continuously Add New Judges’: AOC Director Grant Addresses Ongoing Need to Fill Rolling Vacancies

“We believe that a continuous infusion of judgeships becomes the most critical component in any of our operations, and as you heard in my opening remarks, we need to continuously add new judges to our workforce,” Judge Glenn A. Grant said. “We are at 39 [vacancies]. Probably, by the end of the summer, we will have another seven to 10 judges leave, so you are then over 50 again.”

In his testimony before the Senate Budget and Appropriations Committee Tuesday, Judge Glenn A. Grant, acting administrative director of the courts, addressed a continued effort to fill vacancies on the Superior Court bench as more seats are likely to be emptied by the end of summer.

Grant expressed his gratitude for the progress made on filling judicial vacancies, which has allowed all vicinages in the state to resume conducting civil and matrimonial trials, but he stressed the need to continue to address the judiciary employee shortage. He also heard concerns from senators regarding his prior grading of criminal justice reform.

Passaic County was the last vicinage to remain shuttered due to judicial vacancies. The total number of vacancies on the Superior Court now stands at 39, compared with 58 open seats at the start of the year and a peak of 78 in May 2022.

“With the recent addition of new judges, we are once again able to conduct civil and matrimonial trials in all of our vicinages across the state,” Grant told the committee. “The final moratorium on such cases, in the Passaic Vicinage, was lifted on April 1. Filling judgeships requires continued vigilance, and we stand ready to provide whatever assistance might be needed to reduce the number of vacancies even further.”

Sen. Linda R. Greenstein, D-Mercer and Middlesex, asked Grant about his past reference to challenges in maintaining staffing levels in critical programs such as pretrial services and recovery court.

“Is it true that the judiciary is returning about $150 million in state funding, and yet there are challenges with recruitment and retention of staff?” Greenstein asked.

Grant said that the dollar amount Greenstein referenced is not accurate. The judge added that the judiciary, like many other agencies, has faced a hiring challenge. He clarified that the judiciary has returned more than $100 million to the state over the last 10 years.

“The ‘great resignation’ has probably doubled our vacancy rate,” Grant said. “It is not unique to the judiciary. It is affecting government organizations across the state and in the private sector as well.”

Sen. Carmen F. Amato Jr., R-Ocean, asked Grant whether the current vacancies on the bench will present any challenges in the upcoming Council on Affordable Housing application round. Amato’s question concerned a bill, A-4/S-50, which Gov. Phil Murphy signed into law in March. The bill streamlines the framework concerning disputes over affordable housing obligations. Under the new law, disputes over affordable housing will now be resolved on an expedited basis by the judiciary with assistance from a new dispute resolution program.

“We believe that a continuous infusion of judgeships becomes the most critical component in any of our operations, and as you heard in my opening remarks, we need to continuously add new judges to our workforce,” Grant said. “We are at 39 [vacancies]. Probably, by the end of the summer, we will have another seven to 10 judges leave, so you are then over 50 again.”

Grant added that despite judicial vacancies, affordable housing cases are unlikely to add to the court’s backlog.

“Unless we have every town that is subject to this file a litigation, then no,” Grant said, adding that most of the cases are resolved without litigation.

Sen. Michael Testa, R-Atlantic, Cape May and Cumberland, turned the questioning to criminal justice reform. He referred to Grant’s testimony before the Senate Judiciary Committee in March, when the administrative director updated policymakers about New Jersey’s Criminal Justice Reform Act and efforts to revamp the state’s bail system. Testa said improvements still need to be made.

When asked last month what he would give the program seven years after its enactment, Grant’s answer was a “B-.” Grant clarified those comments by saying he gave the reform that score because the reconvened joint committee on criminal justice issued 31 recommendations in its June 2023 report. Grant said that if those recommendations are implemented, his grade would be “a strong A.”

“I would grade the foundational pieces of criminal justice reform as an A,” Grant said. “That is, the structure of the program is done exceedingly well. It is done so well that Illinois copied the program. Imitation is the greatest form of flattery.”