Students Attend New Jersey Supreme Court Oral Arguments
Following the Hearing, Justices and Clerks Share Their Experiences
When the New Jersey Supreme Court held court in Newark for the first time in modern history, Seton Hall Law students were invited to watch attorneys present oral arguments.
The Supreme Court sat at the Veteran's Courthouse in Newark to showcase the newly renovated courthouse and field questions from both Seton Hall Law students as well as students from Rutgers School of Law—Newark Campus. Chief Justice Stuart Rabner, who delivered the Commencement Address to Seton Hall Law's graduating Class of 2009, noted that the law students in attendance had a unique opportunity to witness "some of the finest lawyering you can see."
Seton Hall students watched attorneys present their cases for and against the admissibility at trial of expert testimony regarding a psychological basis for false confessions. The attorney who represented Graciano Martinez Rosales, charged with aggravated manslaughter in
Perth Amboy in 2004, argued that the trial court should have allowed expert testimony from a psychiatrist relating to false confessions.
In response, the NJ State Attorney General contended that the expert testimony should not be admitted because the knowledge base in question was within the realm of common discernment, and that it is ultimately up to the jurors to decide for themselves the truth and credibility of the defendant.
The Justices of the Supreme Court discuss the merits of each side before making coming to, and publishing, a decision. Students were pleased to have the opportunity to see the law in action. "It served as a reminder to me that oral argument can be the most interesting part of the law," said Ryan San George '11. "For both sides, the judges asked pointed questions. I don't know which way they are going to decide. In the beginning, I thought they were nailing the public defender, but then it seemed as if the Justices were agreeing with him."
After the oral arguments, students had the opportunity to have a question and answer session with the Supreme Court Justices. Students asked about the judicial process, what they look for when selecting clerks and how their career paths led them to the highest court in the state.
The Judicial Process
Much like the United States Supreme Court, the New Jersey Supreme Court chooses about 100 cases per year based on legal issues that continue "bubbling up" and warrant clear decisions. "We look at cases that set out general principles for the legal community and the community at large to live by," said Justice Virginia Long.
When deciding cases like the Rosales case, the Justices ultimately set precedent that the lower courts must adhere to. Its decisions often weigh competing community values. "It's the balance between liberty and security and how much liberty are you willing to give up for security," said Justice Barry Albin.
Clerking
When choosing judicial clerks, New Jersey Supreme Court Justices are looking for outstanding researchers, writers and, most importantly, thinkers. "I can teach you how to write. I can teach you how to research. I can't teach you how to think," said Justice Roberto Rivera-Soto.
Patricia Hagdorn '09, who clerks for Chief Justice Rabner, noted that grades are the most important factor in landing a clerkship with a Supreme Court Justice. In addition, work experience and a strong writing sample are crucial to landing a clerkship, she added.
However, as Chief Justice Rabner noted, personality also plays a role. "You want someone who has the confidence to tell a Justice, right out of law school, 'You are wrong,'" he said.
Clerking for a Supreme Court Justice requires a different skill set than clerking for an appellate court. "People skills are less important on the Supreme Court. This is much more like a monastery," said Justice Helen Hoens.
There are vast differences in workload between the different courts. "In the Appellate Division, we wrote four opinions a week," said Justice Long, a former appellate court judge. "We, as a court, write 100 opinions in a year. You can do the math yourself."
Eleonore Ofosu-Antwi '09 landed a clerkship with Judge Edwin Stern in the Appellate Division. She noted the importance of research and writing and the value of writing for journals.
Michael Riccobono '09 currently clerks for Judge Patricia Costello in the Appellate Division. He credits obtaining his clerkship to the Seton Hall Law networking reception for students and judges. "It's a great way you can get your foot in the door with a clerkship," he said. "Sometimes, all it takes is 'the lunch test.'"
His favorite part about clerking is interacting with top notch attorneys. "The best part about being a clerk, besides the hours—the hours are nice—is seeing the attorneys in action," he said.
Career paths
Justice Albin began his legal career in the attorney general's office, where he was able to gain valuable experience as a trial attorney. "Public service needs good people, now more than ever," he said.
Chief Justice Rabner met Governor Jon Corzine while they were volunteering at a soup kitchen. When potential nominees to the Supreme Court were under discussion in
Trenton , Corzine noted how he knew Rabner from the soup kitchen. The rest was history.
Read the Star Ledger's article about the Supreme Court's trip to Newark