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Appellate Division Affirms Lower Court Decision in
$75 Fee Case
On Wednesday, July 26, the Appellate Division affirmed the lower court decision and upheld the constitutionality of the statute that requires lawyers to contribute $75 to the medical malpractice premium relief fund created to assist doctors with high insurance premiums. Though not ruling in favor of the NJSBA, the court, in its opinion, recognized ‘the critical role that lawyers play and the contributions they make to our system of justice.’ The Honorable Dorothea Wefing, P.J.A.D., wrote the unanimous opinion for the 3-judge panel, which included Judges Barbara Byrd Wecker and Jose Fuentes. NJSBA was represented by Edwin J. McCreedy of McCreedy & Cox in Cranford, while Assistant Attorney General Patrick D’Almeida represented the State. The NJSBA contended the act is constitutionally infirm because it violates equal protection guarantees, intrudes on the rule-making authority of the Supreme Court, and improperly uses public money to benefit private parties, and constitutes special legislation.
Click here to read the opinion
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