JEFFREY S. CHIESAAttorney General of New Jersey

BRENDAN RUANEDirector, AGAI

2012 COURSE CATALOG

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TABLE OF CONTENTS

Seminars & Symposiums. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Administrative Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Civil Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Criminal Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Ethics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

General Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Skills Courses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

(Updated June 30, 2012)

SEMINARS & SYMPOSIUMS

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ADMINISTRATIVE LAW

Nuts and Bolts of PERC Practice

This presentation is an overview of practice before the Public Employment Relations Commission,as well as portions of the New Jersey Employer-Employee Relations Act. It covers the structure ofthe Commission, and address how it fulfills its mission to foster labor peace and stability, whilemaintaining neutrality in accordance with the principles set forth in the Act, as well as applicablecodes of ethics. The presentation focuses primarily on unfair practice and representationproceedings, including how unfair practice charges are filed and processed, settlement procedures,complaint issuance, deferral to arbitration, defining collective negotiation units, resolving disputesabout specific titles, representation elections and card check procedures. Contract negotiations,arbitrations procedures, conciliation, scope of negotiations proceedings and how a case gets beforethe Commission are also discussed. (2.0 Hours)

Representing State Agencies

The primary focus of this presentation is on the common practical, ethical, and counseling issues thatare unique to DAsG who represent state agencies. Topics addressed include client counseling, whois the client, government and professional ethics and open public records. This round-table stylepresentation also benefits participants by enabling them to share their own experiences with theircolleagues to build on the institutional knowledge within the Education and Higher EducationSection. (1.2 Hours)

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CIVIL LAW

2012 Annual Review of New Jersey Civil Case Law

The Advocacy Institute is pleased to present this popular and informative New Jersey civil case lawupdate. This program covers dozens of important New Jersey Supreme Court and AppellateDivision cases decided in the last year in various practice areas. The cases discussed involve amyriad of civil practice issues, including those unique to government attorneys. (4.0 Hours)

The ABC’s of Eminent Domain

This presentation focuses on the basic principles of condemnation law. It is comprised of four basicparts: 1) the power of eminent domain, concept of just compensation and overall purpose of theEminent Domain Act, N.J.S.A. 20:3-1 et seq.; 2) Litigation Phase I: through the final judgmentappointing commissioners; 3) Litigation Phase II: through the final judgment fixing justcompensation; and 4) the distinguishing features of an inverse condemnation. Approximately fourrecent condemnation decisions are woven into the discussion. The presentation is intended forlawyers with limited knowledge of eminent domain law. (2.0 Hours)

Anatomy of a Medical Malpractice Case

This presentation guides attendees through all of the major elements of medical malpracticelitigation, from screening and case selection to trial. Evaluation of potential claims, discovery anddepositions is emphasized through the use of real-life cases. Relevant statutes, case law and rulesof court are discussed as well. (2.0 Hours)

Appellate Advocacy (DYFS In-Service)

This presentation covers the following aspects of appellate work: handling emergent appeals;whether to seek summary disposition, whether to file (or oppose) motions to supplement theappellate record; R. 2:6-11(f) notification (and investigation); when and whether to seek remand; andpreparing for appellate argument. (1.5 Hours)

Appellate Issues

This presentation discusses the ins & outs of the many strategic issues facing appellate advocatesbefore putting pen to paper. These include deciding whether to appeal, selecting issues to appeal,prioritizing those issues, offering alternate grounds for relief, and the differences between briefingcases in the New Jersey Supreme Court and the Court of Appeals for the Third Circuit. (1.2 Hours)

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Appellate Practice Training

This 1.5-day program provides practical insights on writing effective appellate briefs and makingeffective oral arguments. The focus of this program is appellate practice before the federal courtsof appeals and the New Jersey Supreme Court and Appellate Division. Panels of leading appellatepractitioners and appellate judges discuss the “dos and don’ts” of appellate brief writing and oralargument. The faculty consists of government appellate advocates, private practitioners withextensive appellate experience, and state and federal judges. (11.0 Hours)

The Budget Cycle: From Budget to Appropriations Act

The Annual Appropriations Act is, arguably, the most significant act passed by the Legislature eachyear. This presentation provides an overview of the budget process in New Jersey, from theformulation of budget requests by agencies, through the adoption of the Annual Appropriations Actby the Legislature. It also discusses the role of the Governor, the legislative budget committees andthe Legislature in the process. Finally it discusses the constitutional provisions governing the annualappropriations act and how the courts have construed these provisions. (1.2 Hours)

Division of Law - E-Discovery Training

This program provides a basic overview of the law regarding e-discovery. The program emphasizesclients’ and lawyers’ responsibilities to maintain, gather and produce electronically storedinformation before and during litigation. The program also examines practical problems andsolutions in dealing with e-discovery issues. (3.0 Hours)

DYFS Overview of Protective Services Litigation

This program covers various substantive and procedural issues commonly encountered in protectiveservices litigation deputies handling these matters routinely face. Among the topics addressed is anoverview of DYFS; the handling of referrals to DYFS and findings; the law concerning abuse,neglect and confidentiality; decisions on whether or not DYFS should intervene in a matter; andwhat to do in preparing for, and going to, court in these matters. (5.5 Hours)

Effective Appellate Advocacy

This program offers insight on how to present an effective appeal and will address commonly askedquestions regarding brief writing and oral advocacy before the Appellate Division and New JerseySupreme Court. (1.2 Hours)

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Effective Skills in Legal Writing (DYFS In-Service)

This workshop assists DAsG in sharpening their writing skills with an eye toward the specific issuesand opportunities in DYFS matters. It focuses on writing technique, organization and writtenadvocacy. (1.5 Hours)

Federal and State Attorneys Fee Awards

This seminar offers an overview of key Supreme Court of the United States and Third Circuit Courtof Appeals decisions governing applications by prevailing plaintiffs and defendants for attorneys feespursuant to 42 U.S.C. §1988. In addition, a comparison provides for attorney fee awards toprevailing plaintiffs in New Jersey Civil Rights Act and OPRA litigation as well as federal PrisonerLitigation Reform Act suits. (2.0 Hours)

Final Dispositional Hearings: How to Handle Child Custody Disputes in the Context of ChildAbuse Proceedings (DYFS In-Service)

This presentation provides an overview for DYFS DAsG on how to handle cases where a child isremoved from an offending parent, and subsequently placed by DYFS with the non-offending parentduring the pendency of a Title 9 matter. This presentation covers concurrent custody dockets, finaldispositional hearings, and procedural considerations based on the guidance provided by theSupreme Court in DYFS v. G.M. and its rejection of the published Appellate Division G.M. decision.(1.5 Hours)

Guardianship Litigation I

This course program an overview of Title 30 law and related procedure. The presentation includesdiscussion regarding the decision to file guardianship litigation, service, evaluations and discovery,motions, pre-trial preparation, and trial presentation. An overview of the related Rules of Evidenceis also included. (5.0 Hours)

How to Prepare for “10 Month Conferences” (DYFS In-Service)

This workshop provides DAsG with tips on how to efficiently assess the information in a DYFSrecord to determine whether a case has sufficient, competent evidence to support the filing of atermination of parental rights complaint. It is useful for both Title 9 and GSP DAsG becauseparticipants learn how to navigate a DYFS record, and to render material information into competentevidence. (1.5 Hours)

Introduction to Depositions

Depositions are one of the most powerful tools for ascertaining the truth and for limiting the abilityof your adversary to maneuver at trial. This presentation covers techniques and strategy that willassist you in getting the most out of your deposition. Among other things the presentation covers

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topics such as basic procedure, organization of the deposition, how to conduct yourself and handleyour adversary, the funnel approach to eliciting information and preparing for cross, theory testing,generating admissions, and defending the depositions of your own client and witnesses. (2.0 Hours)

Issues, Cases and Examples Concerning the Provisions of the New Jersey Contractors’Registration Act, N.J.S.A. 56:8-136 et seq. and Related Statutes and Regulations

This program provides a basic overview of the New Jersey Contractors’ Registration Act, N.J.S.A.56:8-136 et seq., the Regulations Governing Contractor Registration, N.J.A.C. 13:45A-17.1 et seq.,and the Regulations Governing Home Improvement Practices, N.J.A.C. 13:45A-16.1 et seq.Multiple provisions are highlighted, with discussion and analysis of the provisions, relevant caselaw, and examples from a Deputy Attorney General's practice prosecuting violations and revokingcontractors' registrations with the New Jersey Division of Consumer Affairs. (2.0 Hours)

Legal Options in Child Welfare Emergent Situations (DYFS In-Service)

This workshop discusses the limits governing appropriate, lawful use of: DYFS safety plans; Ordersto Investigate pursuant to N.J.S.A. 30:4C-12; Dodd Removals pursuant to N.J.S.A. 9:6-8.29 and "FN"filings brought pursuant to Title 9 vs. Title 30. (1.5 Hours)

Mortgage Fraud and Foreclosure

Investigating and litigating mortgage fraud cases requires a keen understanding of the documentationand flow of a typical mortgage transaction, understanding the types of fraud that is typical inmortgage transactions and the ability to identify potential evidence of fraud from the documentationwhich memorializes the transaction. This presentation focuses upon the roles of each party in a realestate transaction (i.e., seller, buyer, attorneys, lender and title company), and identification ofvarious types of mortgage fraud. (2.0 Hours)

New Findings Proposal and the Child Abuse Registry (DYFS In-Service)

This presentation addresses the issue of the Child Abuse Registry and the new findings regulationsproposed by the Department of Children and Families. This presentation provides an overview andbasic understanding of the proposal, its substantive elements and procedural status, and the effectthe proposal will have on expungement and the Child Abuse Registry. Understanding the findingssystem is integral to understanding DYFS case law, as well as issues influencing the court indecision making, in fact finding and OAL hearings. (2.0 Hours)

Open Public Meetings Act in New Jersey

This presentation discusses the history of the Open Public Meetings Act in New Jersey and the keyrequirements under the current Act. Among the topics addressed are what a public body is, theseveral types of public notice, when a meeting occurs, the requirements of keeping minutes and

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making them available, and the nine exceptions that allow a public body to go into executive session,including the exceptions for personnel matters and the attorney client privilege. (2.0 Hours)

Open Public Records Act (“OPRA”)

This presentation provides a basic overview of the requirements under the Open Public Records Act(“OPRA”). This program includes an examination of the OPRA law itself, and the requirementsimposed thereunder upon all government employees, including attorneys and non-attorneys. Theprogram also provides perspective and insights into the practical problems and legal issues whichconfront records custodians and their legal counsel on a daily basis. Moreover, those attending havethe opportunity to participate in an informal question and answer period to discuss the intricacies ofthe requirements under OPRA. (1.5 Hours)

A Practical Guide to Federal Pretrial Practice

This program involves a discussion of the pretrial process in the United States District Court for theDistrict of New Jersey. Among the topics highlighted are the Rule 16 conference, presentation ofdiscovery disputes, certain Local Rules of the United States District Court for the District of NewJersey, and the Final Pretrial Order. (1.2 Hours)

Permanency Planning for DYFS Children in Placement

This program covers various substantive and procedural issues commonly encountered inpermanency, the Adoption and Safe Families Act (“ASFA”), and guardianship cases. Among thetopics addressed is an overview of the ASFA, including statutory highlights; final dispositionalhearings and permanency hearings; the Guardianship Statute; and issues related to guardianship upto, and including, appeals. (5.5 Hours)

Special Considerations on Advising Our Client on TPR Matters (DYFS In-Service)

This presentation reviews how a DAG can handle advice to the client on issues related to terminationof parental rights. Specifically: 1. The Indian Child Welfare Act (ICWA), including initialinvestigations, orders to show cause, and court findings required; 2. Relative rule outs and theireffect on TPRs; 3. How to handle the non-offending parent; and 4. Birth records and otherconsiderations. (1.5 Hours)

Tax-Exempt Financing - Limits on Private Procurement and Property Dispositions

This seminar provides background and guidance on the federal tax laws that govern the use ofproceeds of tax-exempt governmental bonds by various departments of the State, and specificallyfocuses on restrictions that may affect contracts between the State and private entities. The objectiveis to increase awareness of how federal tax limitations can affect the types of contracts that the Stateenters into with private entities that relate to tax-exempt bond-financed property. Issuers of tax-exempt bonds, such as the State, are in an age of stepped-up enforcement of these tax laws by the

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Internal Revenue Service. This enforcement takes the form of audits by the IRS of outstanding bondissues, accompanied by the threat of taxing the interest on the bonds if non-compliance is found.The IRS is also regularly stressing to issuers of bonds that they need to have procedures in place toensure on-going compliance with the tax restrictions. This emphasis on on-going tax complianceis reaching beyond the Department of Treasury and into the departments and agencies of the Statethat receive bond proceeds. (2.0 Hours)

Tort Claims Act for the Non-Tort Litigation Attorney: A Primer for Handling Tort ClaimsIssues and Cases

This program provides a comprehensive overview of the history of the Tort Claims Act, the policyissues underlying its passage, commonly confronted issues, representation issues, what to considerwhen appearing before courts or in ADR proceedings, recent cases of note, and DOL processes andprocedures for settlement, mediator selection and handling notices of tort claims. (2.0 Hours)

The Trial Box

Preparation is the key to a successful trial, but even excellent preparation can be negated withoutequally good organization. You need a system that keeps all of your documents and materialsinstantly accessible at counsel table. The trial box system is the answer. It is simple to create andmaintain, yet it is highly efficient and adaptable to every level of adversarial proceeding. Thispresentation demonstrates the proven advantages of the trial box system and how to make it workbest for you. (1.2 Hours)

Witness Preparation (DYFS In-Service)

This presentation will assist DAsG in properly preparing DYFS workers and other witnesses in abuseand neglect and termination matter. This presentation focuses on the effect of evidence rules on thetype of testimony that will be required at trial, the essentials of preparing a witness for testimony andhow to protect the witness against unfair or inappropriate cross-examination. (1.5 Hours)

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CRIMINAL LAW

5 Annual CODIS Conferenceth

The 2012 Combined DNA Index System ("CODIS") Conference focuses on the success of NewJersey's CODIS program, the New Arrestee Law, Fingerprints and SBI Numbers, Forensic DNATyping and the future of DNA Technology. This program is designed to further the participants’understanding of these issues for the investigation and prosecution of criminal cases. (4.0 Hours)

Arrest, Search & Seizure Update

This seminar presents a “whirlwind tour” of New Jersey search and seizure law, featuring an easy-to-use analytical template that prosecutors can use to quickly determine whether a stop, frisk, arrest,or search is lawful under both the Fourth Amendment and Article 1, paragraph 7 of the New JerseyConstitution. This fast-paced and interactive presentation covers recent developments and trendsas well as long-settled principles of search and seizure law. (2.0 Hours)

Attorney General’s Use of Force Policy and the Supplemental Policy on Conducted EnergyDevices (CED)

This program identifies situations where a CED may be justified or may not be justified inaccordance with the Attorney General's Conducted Energy Device Policy of 2010. This programincludes a review of the Attorney General's Use of Force Policy of June 2000, and provisions of theAttorney General's Conducted Energy Device Policy of 2010. This program also covers practicalapplication proficiency with the officer's designated CED. (3.5 Hours)

Coping with Psychiatric and Psychological Testimony

Expert testimony by mental health professionals can pose a major challenge for attorneys. Thispresentation focuses on the following topics that have recently emerged, and how to handle theseissues: distinctions between a forensic and clinical assessment, false confessions, malingeringmental illness and cognitive loss, use of specialized forensic tests ( e.g., Miranda, competency, etc.),diagnosing mental disability, experts who cite research studies, and what experts and attorneys needfrom each other. Case examples are used to illustrate various points. (2.0 Hours)

Document Fraud for Law Enforcement

This program serves as an overview for the interdiction and prosecution of cases generated duringOperation Facial Scrub 2012. This program also provides a fundamental understanding of NewJersey statutes promulgated to combat Document Fraud and Identity Theft. These statutes werecreated in light of federal Patriot Act Legislation, after fraudulent documents were used by terroriststo gain access to the aircraft which led to the tragic events of September 11th. It presents anoverview of the changes and additions to the New Jersey Criminal Code and analyzes the important

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provisions. The presentation also includes: an overview of the New Jersey Motor VehicleCommission Initiative; pending implementation of the Operation Facial Scrub 2012; and the impactof these statues for law enforcement and prosecutors in the context of document fraud and identitytheft but also as an effective tool for prosecuting other crimes. (6.5 Hours)

Forensic Statement Analysis

This program focuses on Forensic Statement Analysis ("FSA"). This unique and intriguing conceptis used to identify truth, deception and equally important, “missing time and missing information.”It is hard to imagine that a person’s own words will betray if given the opportunity, but they will.The popularity of FSA is finding its success in the military, workplace, law enforcement and, ofcourse, our courts. FSA findings (while relatively unknown to most) are beginning to gain moreattention and momentum. The key to FSA is understanding the scientific reasoning it affords tofurther an investigation and prosecution. This is an interactive program, in which the participantsare invited to work in groups and on individual projects. Participants share their findings with othersfor input and to provide a better understanding of the material. Participants are also invited to bringtheir own statements from past or current cases if they so choose. Many more tools of detecting thetruth and deception will also be discussed.. (22.0 Hours)

Gang Prosecution Techniques

This course is intended to provide those who attend with the knowledge and tools to "attack"organized criminal street gangs using a multi-agency, multijurisdictional approach. The conceptstaught in this course have been used to effectively dismantle organized criminal street gangs and takeback communities that had been previously controlled by these gangs. The course highlightsspecialized investigative techniques and concepts that have been used to successfully dismantlecriminal street gangs that were previously unstoppable by traditional law enforcement techniques.Emphasis is placed upon charging all criminal activities committed by members of the organizationin one Racketeer Influence and Corrupt Organization Act (“RICO”) indictment. In conjunction withthis, Continuing Criminal Enterprise (“CCE”) and Hobbs Act elements are discussed as a means toenumerate all offenses in one RICO indictment. Additionally, a series of practical exercises will beutilized to demonstrate how to prepare for a case funding request as well as the submission andpresentation of a RICO case to the court. (25.0 Hours)

Healthcare Fraud: Beyond Billing for Services Not Rendered

This presentation includes a discussion of the current proliferation of kickbacks for patient referrals,particularly in the PIP arena, and the use of the Commercial Bribery and Criminal Use of Runnersstatutes to address it. The legal reasoning in Allstate Insurance Company v. Orthopedic Evaluations,Inc., 300 N.J. Super. 510 (App. Div.), aff’d after remand, 304 N.J. Super. 278 (App. Div. 1997);MDA v. Open MRI of Fairview, 352 N.J. Super. 216 (Law Div. 2002); and Allstate v. Greenberg,376 N.J. Super. 623 (Law Div. 2004) is reviewed. The potential application of OEI to the crimesof insurance fraud and health care claims fraud is discussed. (2.5 Hours)

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Intercept of Secure Communications

This program is designed for law enforcement personnel, prosecutors, analysts and tech agents withlimited or no prior experience in wiretap investigations. This program highlights the effectivenessof using wiretaps to identify, document and successfully prosecute narcotics trafficking organizationsand violent street gangs dealing in narcotics, as well as show their usefulness in homicide, robbery,kidnapping, fugitive and public corruption investigations. Participants received an in-depthoverview of the laws pertaining to the interception of communications, legal guidelines regardingwhat kind of conversations can be intercepted, sealing requirements, and a list of potential courtorders that will be needed in a wiretap investigation. Participants were also given practicalinstruction on drafting the actual intercept affidavit and order. This program includes a detaileddiscussion on a variety of topics, including current intercept technologies, the pre-wiretapinvestigation needed to obtain an interception order, the actual wiretap investigation during the wire,and how to properly manage and run the wiretap room. Participants were also given information onspecific reports that need to be generated, voice identification issues, and take down dayconsiderations. Finally, this program highlights for investigators and prosecutors the anticipatedlegal arguments and case agent testimony justifying the need for the interception order, extensionsand spin wires. (21.5 Hours)

New Jersey Firearms Training

This program was developed to provide consistency and uniformity in the enforcement of NewJersey’s gun permit laws. The curriculum includes pertinent theories, arguments and case lawgoverning the applicable provisions of N.J.S.A. 2C:58-3 et seq. The scope of instruction begins witha review of the fundamentals of evaluating and handling gun permit appeals, with an emphasis on"justifiable need." An overview of New Jersey state courts and Third Circuit opinions are alsoexamined in light of the growing litigation involving 2 Amendment challenges. Finally, specificnd

issues emanating from the Law Enforcement Officer Safety Act (LEOSA) of 2004 and 2010, as wellas the Retired Law Enforcement Officer statute, is addressed. The panel allots time for a questionand answer discussion at the end of the presentation. (2.0 Hours)

Overview for the Prosecution of Cases at the Fugitive Safe Surrender Program

This highly informative program addresses matters relating to the prosecution of cases at the FugitiveSafe Surrender Program. The Fugitive Safe Surrender (“FSS”) Program is a federally-fundedinitiative under the aegis of the United States Marshall Service, which involves converting housesof worship into courthouses for specified periods to allow certain non-violent felons to surrender inexchange for more favorable dispositions of their cases then they would otherwise receive throughtraditional court proceedings. This program focuses on the program itself, proceedings initiatedthrough the program, and how to secure the disposition of these matters within the parameters of theprogram. (2.0 Hours)

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Prosecutor Alcotest Training

This program provides an overview of the basics of a DWI prosecution and will include instruction,by a certified breath test coordinator, on how the Alcotest 7110 MK-IIIC works, a demonstration ofa re-calibration of an Alcotest instrument, and a demonstration of how a breath test is conducted.This program also reviews current hot topics being raised by defense attorneys in DWI prosecutions,including repair records, discovery issues, RFI/EMI Interference, the central database, data deletion,twenty-minute observation period, Standard Statement & the Ignition Interlock device, and the 2-minute lockout. (5.5 Hours)

What Prosecutors Really Need to Know About “Drug Court” and the Governor’s Initiativeto Mandate Treatment for Certain Non-Violent Addicts

This interactive presentation traces the history and key features of New Jersey’s Drug Court program,focusing on legal issues and the critical role played by prosecutors. This program examines existingimpediments to Drug Court expansion, and discusses how those barriers might be addressed by theGovernor’s proposal to impose “mandatory treatment” to break the vicious cycle of crime andaddiction so as to reduce recidivism and thereby promote public safety. This program is presentedby Assistant Attorney General Ron Susswein, who in 1986 drafted the statute, N.J.S.A. 2C:35-14,that authorizes drug treatment in lieu of an otherwise mandatory term of imprisonment. In 1992, Mr.Susswein drafted the “Model Criminal Justice Treatment Act” for the President’s Commission onModel State Drug Laws, and more recently helped to draft the Report of the Sentencing andCorrections Task Force of the Government Efficiency and Reform (G.E.A.R.) Commission, whichrecommended mandatory Drug Court participation for certain non-violent offenders. He served fora number of years as the Attorney General’s representative on the Governor’s Drug Court SteeringCommittee, and presently serves as the Attorney General’s representative on the Supreme Court’sDrug Court Advisory Committee. (1.2 Hours)

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ETHICS

Ethics Issues for State House Staff Members

This program examines ethics requirements for employees of the Executive Branch of Stategovernment, with an emphasis on issues that affect State House staff members. The programspecifically covers the Conflicts of Interest Law, N.J.S.A. 52:13D-12 et seq.; ethics rules;N.J.A.C.19:6.1 et seq.; the Uniform Ethics Code; and ethics-related executive orders. Thepresentation also addresses specific ethics subject areas that affect members of the State House staff,including restrictions on acceptance of gifts, statutory provisions limiting reimbursement for out-of-state travel, requirements for documenting business meals, interaction with lobbyists and advocates,attendance at events related to State duties and precautions regarding political activity. Thepresentation further addresses the code of conduct governing ethics for the Governor and LieutenantGovernor. Ethics requirements are illustrated with case studies drawn from the files of the NewJersey State Ethics Commission that address common ethics dilemmas faced by State House staffmembers. This session satisfies the mandatory ethics training requirement for State ExecutiveBranch employees. (2.0 Hours)

Ethics of Plea Negotiations

This presentation discusses ethical issues that can arise in connection with the plea bargainingprocess, and also discusses some practical matters concerning the disposition of Graves Act andschool zone cases. (2.0 Hours)

Ethics of Settlement Negotiations

Attorneys who represent the State are expected to maintain the highest reputation for fair dealing.State attorneys are often confronted with the concurrent obligations of maintaining that reputationand obtaining favorable results for their client agencies. This presentation identifies ethical issueswhich often arise in settlement negotiations. It also provides approaches to those issues that fulfillboth obligations. Among the issues for discussion are what information must be revealed in certainsituations, such as when a judge or adversary requests your “real bottom line” or “real deadline,” orthe extent of your authority, and the circumstances, if any, in which points of agreement reached maybe modified or rescinded as the negotiations continue. (2.0 Hours)

Ethics Requirements for State Executive Branch Employees

This course examines ethics requirements for employees of the Executive Branch of Stategovernment, which includes State departments, agencies, authorities, boards, commissions, collegesand universities. The course covers the Conflicts of Interest Law, N.J.S.A. 52:13D-12 et seq., ethicsrules, N.J.A.C.19:6.1 et seq., the Uniform Ethics Code and ethics-related ethics executive orders.The presentation addresses the most recent changes to the State executive branch ethics law andfocus on specific subject areas most likely to affect executive branch attorneys, including how to

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comply with the ethics rules regarding gifts, attendance at events, outside activities, secondaryemployment, conflicts of interest and post employment restrictions. Ethics requirements areillustrated with case studies from the files of the New Jersey State Ethics Commission as well asrecent court cases of special interest. This session satisfies the mandatory ethics trainingrequirement for State Executive Branch employees. (2.0 Hours)

Executive Staff Ethics Training

This course examines ethics requirements for employees of the executive branch of Stategovernment, which includes State departments, agencies, authorities, boards, commissions, collegesand universities. The course covers the Conflicts of Interest Law, N.J.S.A. 52:13D-12 et seq., ethicsrules, N.J.A.C.19:6.1 et seq., the Uniform Ethics Code and ethics-related ethics executive orders.The presentation addresses the most recent changes to the State executive branch ethics law andfocuses on specific subject areas most likely to affect executive branch attorneys, including how tocomply with the ethics rules regarding gifts, attendance at events, outside activities, secondaryemployment, conflicts of interest and post employment restrictions. Ethics requirements areillustrated with case studies from the files of the New Jersey State Ethics Commission as well asrecent court cases of special interest. This session satisfies the mandatory ethics trainingrequirement for State executive branch employees. (1.2 Hours)

From the Courtroom to the Screening Room: What Movies Can Teach us About AttorneyEthics

Crime stories have been a staple of the American movie industry. Nothing can be more compellingthan a good courtroom scene with attorneys battling for the hearts and minds of their jury panel.Movies such as Anatomy of a Murder have been dissected by legal ethicists over the years regardinghow the attorney movie characters respond to the ethical challenges they face. This program is aninteractive session where participants view some classic movie courtroom scenes. Participants areasked to identify the ethical issues that are raised and explain how they would resolve the ethicaldilemma that is posed. (2.0 Hours)

How to be Professional When Dealing with Your Adversary

The demands of litigation are seemingly never ending. Despite the pressures of these demandsattorneys are both ethically and professionally obligated to treat other members of the Bar withwhom they deal with courtesy and respect. This presentation focuses on what is expected ofattorneys in terms of civility when dealing with their peers and discusses strategies for doing so inthose difficult situations where an adversary may be acting in a confrontational or inappropriatemanner. (2.0 Hours)

Lawyers’ Etiquette is Not an Oxymoron

Etiquette is the way that people conduct themselves in polite society. This presentation deals withcivility and professionalism in the ways attorneys interact with co-workers, clients and adversaries

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and offers practical tips on difficult work situations. In addition, it reviews some basic mannersapplicable to all professional situations. (1.2 Hours)

Legal Ethics for the Health Care Lawyer

This program addresses the distinct but overlapping demands of ethics, morality, and the law as wellas some of the key responsibilities of lawyers involved in the health law arena. A general overviewof the relevant professional duties provides a foundation for a more detailed scrutiny of the practicalinterpretation of those duties in specific factual circumstances. In particular, participants willcollaboratively work through several hypothetical fact situations to appreciate the complex ethicaland professional issues that arise in medical-legal partnerships. The session also considers attorneyvulnerability due to, for example, increased government reliance on the responsible corporate officerdoctrine in enforcement prosecutions. (2.0 Hours)

Pennsylvania Bridge the Gap: Ethics for New Pennsylvania Attorneys

The Supreme Court of Pennsylvania has added a Bridge The Gap requirement for newly admittedlawyers. The program is designed to provide the type of information necessary to smooth thetransition from law student to attorney. It is intended to give recent law school graduates the "know-how" which is otherwise learned through trial and error. The Bridge The Gap requirement must befulfilled prior to a newly admitted lawyer's first CLE requirement deadline. This basic programprovides practical insight into key areas that new lawyers need to know in order to comply with theRules of Professional Conduct and avoid potential malpractice claims. This program fulfills theBridge the Gap requirement for newly admitted Pennsylvania attorneys. A moderator leads thediscussion and answers participants' questions. (4.8 Hours)

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GENERAL APPLICATION

Department of Law & Public Safety and Its Obligations to the Public

The Department of Law and Public Safety is dedicated to making New Jersey safe for all its residentsand visitors. Its diverse and complex responsibilities focus on protecting the lives and property ofthose in the State, including protecting citizens' civil and consumer rights, promoting highway trafficsafety, maintaining public confidence in the alcoholic beverage, gaming and racing industries andproviding legal services and counsel to other state departments and agencies. This program providesan overview of the Department and the duties of its more than 9,000 members and the role of theAttorney General and his Executive Staff in ensuring the Department meets its varied obligationsto the public. The program focuses on the Department as a whole, and, in particular, the importantrole of our attorneys in supporting the Department's mission. (Non-CLE Eligible)

Management and Leadership in the New Jersey Office of the Attorney General

Attorney managers are accountable for setting the direction for the activities of their attorney andadministrative staff in support of the policies of the Attorney General and for insuring that the workof their units is accomplished effectively and efficiently. Equally important, attorney managers areresponsible for creating a workplace environment where staff willingly move forward together withtheir managers and each other in an atmosphere of trust, confidence, and commitment. This programaddresses the most critical management and leadership knowledge and skills required by governmentattorneys to achieve these accountabilities and to perform effectively their roles as attorneymanagers. Drawing upon case studies from Attorneys General offices, experiences of theircolleagues, short lectures, large group discussions, self-evaluations, and management simulations,the program addresses such topics as: leading the unit/division/bureau, motivating staff, controllingthe uncontrollable, problems in transition to attorney manager, delegation, providing constructivecriticism, dealing with problem employees, personal motivations to manage, and managing change.(15.0 Hours)

Supervisor Rights and Responsibilities Under the State Policy Prohibiting Discrimination inthe Workplace

This program discusses the basis of the State Policy Prohibiting Discrimination in the Workplacein federal and state statutes and regulations as well as the pertinent case law, with an emphasis onsupervisors’ rights and responsibilities under the Policy as set forth in N.J.S.A. 11A:7-1 et seq.,N.J.A.C. 4A:7-1 et seq., and 13:13-1.1 et seq. The importance of the FMLA, FLA, ADA, e-mail usepolicies, consensual personal relationship policies, retaliation, confidentiality and preventivestrategies are discussed in relation to a supervisor’s role in maintaining a workplace free of unlawfuldiscrimination. Participants will satisfy their requirement to attend mandatory trainingpresented by the training coordinator of the Office of Equal Employment Opportunity during2012. (2.0 Hours)

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SKILLS COURSES

This program also includes an ethics component.1

This program also includes an ethics component.2

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Basic Prosecutor’s Course (Phase III)1

This intensive 4-day trial advocacy program combines presentations and learn-by-doing workshops,culminating in a mock trial on the last day. The presentations, done by experienced assistantprosecutors and deputy attorneys general, cover direct and cross-examination, advanced cross-examination and impeachment, persuasive use of exhibits, case theory, opening statements andclosing arguments, the ethics of witness preparation, and pre-trial motions and making objections.The participants, in turn, perform in a series of learn-by-doing workshops, in which they incorporatewhat they learn from the presentations and others in dealing with discrete phases of the trial process.All participants then "try" their case in a mock trial on the last day of the program. (28.5 Hours)

Deposition Skills Training2

This two-day deposition skills program focuses on enhancing the skills needed to effectively elicitinformation and obtain admissions through depositions. Participants are able to enhance theirdeposition skills through frequent opportunities to conduct deposition examinations and defenddepositions in a simulated deposition setting, followed by faculty commentary and critique.Presentations on various topics relevant to effective depositions supplement participant performancesand faculty critique. The exercises focus on witness preparation, dealing with preliminary matters,a technique for effectively eliciting complete information from witnesses, making and respondingto objections, dealing with the difficult adversary, using exhibits, obtaining admissions and theorytesting. (17.0 Hours)

Negotiation and Dispute Resolution Workshop

This one-day workshop is specifically designed for attorneys and other legal professionals. Topicscovered include: negotiation theory and practice, the differences between mediation and arbitration,as well as how to use mediation to settle court cases. Role-play and discussion are stressed in thishighly interactive workshop. Participants who complete this one-day workshop may then chooseto attend an additional two-day training program that will qualify them to apply to be on the NJ StateCourt Mediation Roster. (5.4 Hours)

Train the Trainers

This one-day program provides "learn-by-doing" training for prospective advocacy skills faculty.Following the opening presentation, participants critique student performances in a simulated skillsprogram setting. In each workshop, participants observe live student performances. At the end ofeach performance, two participants are asked to critique the performance using the prescribedmethodology. The faculty, in turn, evaluates each participant's critique of the performers. (7.0Hours)

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Top Gun Class 41 - Investigating and Prosecuting Gang & Drug Cases

Top Gun is an intensive 6-day program designed to train police officers and prosecutors onsubstantive legal and practical skills using an effective combination of classroom lectures andpractical exercises. Top Gun trains law enforcement officers and prosecutors together, so that eachcan understand the needs, problems, and concerns of the other. Each class consists of approximately90 State, county and federal law enforcement officers and 16 State and county prosecutors, whoreceive classroom instruction together and are then divided into 8 Squads for practical exercises.The practical exercises are designed to challenge the students to apply their experience and theclassroom knowledge in a real world setting. Each class requires nearly 70 faculty members drawnfrom many State, county, municipal and federal agencies. (5.9 Hours)