There is a movement in NJ arguing for increased judicial independence. I fully agree that out courts should be free from political pressure. Judicial decisions are not popularity contests. Doing what is right will always be unpopular with some people. Judges needs to be free to make decisions on a case by case basis after considering the relevant law and the particular facts of a given case.
Judicial independence is being threatened by those who seek to automate NJ family law. Divorce and family law issues are not easy or pleasant. Resolving them can be emotionally and financially draining. Exploiting these realities, many so “reformers” are seeking to impose arbitrary alimony guidelines and automatic triggers to terminate child support. Those advocating for these types of changes claim that adopting these proposals will add certainty to the process, will make cases move quicker and result in lower legal fees. The problem is that no empirical evidence is offered in support of these claims. In truth, these “reforms” are one sided and advance personal agendas rather than justice.
These “reforms” seek to take away judicial discretion. In doing so, litigants will be denied a review of their case on the merits and facts. Judges will be constrained and justice will be denied.
I admit that some of our current laws need to be reviewed and updated. But any changes must be fair to both parties. Any changes must allow judges to continue judge independently and free from artificial constraints.
