2015 NJSBA Annual Meeting

Family Law Track

Family Law Matters Involving LGBT Litigants ---Promoting Fairness in the Law Co-Sponsored by the Family Law Section

Moderator/Speaker: Stephanie Frangos Hagan, Esq. Donohue Hagan Klein & Weisberg, LLC, Morristown

Speakers: Justice Virginia Long (retired) Fox Rothschild, LLP, Princeton Hon. Karen M. Cassidy, A.J.S.C., Union County Hon. Donald A. Kessler, J.S.C., Essex County Robyn Gigl, Esq. Stein, McGuire, Pantages & Gigl, LLP Emily A. Kaller, Esq. Greenbaum Rowe Smith & Davis, LLP, Woodbridge Asaf Orr, Esq. National Center for Lesbian Rights Nina C. Remson, Esq. Nina C. Remson, Attorney at Law, LLC, Hackensack Linda Mainenti-Walsh, Esq. Einhorn Harris Ascher Barbarito & Frost, PC, Denville

© 2015 New Jersey State Bar Association. All rights reserved. Any copying of material herein, in whole or in part, and by any means without written permission is prohibited. Requests for such permission should be sent to the New Jersey State Bar Association, New Jersey Law Center, One Constitution Square, New Brunswick, New Jersey 08901-1520.

The material contained in these pages is for educational purposes only and not intended as a substitute for the professional services an attorney would normally provide to a client, including up to the minute legal research.

OVERVIEW

Often times, discrimination is subtle and sometimes even unintended. It appears to stem from a lack of awareness and experience in dealing with LGBT litigants.

This may be partially due to LGBT litigants remaining closeted because of the stigma attached, even today, being LGBT brings a fear of discrimination….so it's a vicious cycle.

Even when intended, discrimination is likely to be subtle which is why it's important to be "tuned in" because nothing can be done about it if it's not recognized

"Outing"

Can be a form of Harassment. If the judge hearing the case does not have a heightened awareness of what it means to be outed, that judge may not find that this conduct rises to the level of harassment. It’s important when representing LGBT clients to establish the harm that outing can cause and the impact on the client.

Being ‘out’ is a personal decision that must be made at the right time for that individual. The timing of the individual's coming out can have a great impact on many facets of his or her life, including children, parents and other family members, work, neighbors, housing and more.

When a person is not prepared to come out, being threatened with outing or being actually outed may have severe negative consequences for that person and can be extremely stressful.

There is no doubt that such a threat or an actual outing is harassment and it's calculated to harm the person who is outed or to coerce that person in some way.

Even simply posting the list on the board outside the courtroom may result in the court inadvertently outing litigants.

RPC 8.4(g) provides that it is professional misconduct for a lawyer to engage, in a professional capacity, in conduct involving discrimination (except employment discrimination unless resulting in a final agency or judicial determination) because of race, color, religion, age, sex, sexual orientation, national origin, language, marital status, socioeconomic status, or handicap where the conduct is intended or likely to cause harm.

1. It must be in a professional capacity 2. It must be for one of the stated reasons 3. conduct must be intended or likely to cause harm

It includes: 1. conduct that occurs in the courthouse, related to the litigation or treatment of court staff 2. conduct outside of court that is related to the practice of law, whether or not related to the litigation (treatment of other lawyers and their staff) 3. bar association activities 4. activities in the law office

It does not include: 1. purely private activities of the attorney (although some other ethics rules may apply to that conduct) 2. employment discrimination unless there's already been an adverse agency or judicial ruling against the offending attorney

Discrimination is broadly construed – includes: 1. sexual harassment 2. derogatory or demeaning language 3. any conduct towards the named group that is both harmful and discriminatory LGBT Trial Court Scenario – Issues Presented

Sexual Orientation vs. Gender Identity – These are separate concepts that are confused by many people. Sexual orientation deals with who a person is physically attracted to; gender identity is a person’s innate, deeply-felt identification as a man, a woman, or some other status, which may or may not correspond with to their external body or sex assigned at birth.

Snide/Rude Remarks – Just as you would not think of making rude or insulting remarks about an adversary’s race, ethnicity or gender, no such remarks show be made concerning an adversary’s sexual orientation or gender identity. Comments on a person’s appearance post-transition, may not be offensive, but can intentionally or unintentionally cross a line where they become inappropriate.

Names & Pronouns - First in terms of how you address Scott/Zelda the likelihood is that you address Scott as Scott because that is the way he is still “presenting.” It is fine to inquire of Scott how he prefers to be addressed at this point. Does he want to be referred to as Scott or Zelda and that will dictate which pronouns you should use. The same would be true of a transgender client and/or litigant. In terms of what to say, since this is a formal conference, it is probably best to simply wish him well and leave it at that. Things not to say – “you are going to make one ugly woman” – a lawyer, did in fact say that to me “jokingly.”

Bathroom Issue - Although bathroom usage is not specifically addressed in N.J.S.A. 10:5-12a., the employment sub-section of the statute, it is addressed in the public accommodation provision of the statute, N.J.S.A. 10:5-12f., which specifically mandates that when the use of public accommodation is restricted to one gender, individuals must be admitted based on their gender identity or expression. Additionally, the New Jersey Division on Civil Rights, which is statutorily charged with enforcing New Jersey’s Law Against Discrimination (N.J.S.A. § 10:5-6) has taken the position that an employee is entitled to utilize the bathroom or locker room consistent with their gender identity or expression. See, N.J. DIV. ON CIVIL RIGHTS, GETTING THE EDGE IN COMPLIANCE: EQUALITY AND DIVERSITY FOR GLBT EMPLOYEES 36 (2008).

Inadvertent incorrect pronoun usage - It happens; apologize and move on. Pronouns are always the hardest things to get right, especially if you have known someone for a lengthy period of time. For the most part they are used without a great deal of thought, whereas using a person’s name does require some forethought.

Questionable and/or intentional incorrect pronoun usage -There is a distinction between inadvertent conduct and intentional conduct.

From the Judge perspective, a judge has control of courtroom and all within it. The Code of Judicial Conduct, Cannon 3A.(3) provides as follows:

A Judge should be patient, dignified, and courteous to litigants jurors, witnesses, lawyers, and others with whom the Judge deals in an official capacity, and should not permit lawyers, court officials, and others subject to the Judge’s direction and control to display impatience or discourtesy or to detract from the dignity of the Court.

RPC 8.4 - Misconduct

It is professional misconduct for a lawyer to:

Subsection (d) – engage in conduct that is prejudicial to the administration of justice

* * *

Subsection (g) – engage, in a professional capacity, in conduct involving discrimination (except employment discrimination unless resulting in a final agency or judicial determination) because of race, color, religion, age, sex, sexual orientation, national origin, language, marital status, socioeconomic status, or handicapped, where the conduct is intended or likely to cause harm.

RPC 8.4 Rule Comment – Purpose of 8.4

The official comment by the Supreme Court (May 3, 1994) indicates that the purpose of

Subsection g of RPC 8.4 is intended to make discriminatory conduct unethical when engaged in

by lawyers in their professional capacity. This includes activities in the lawyer’s office/firm, Bar

association/Bar activities and Bar organizations, courtroom, adversary’s offices; any activities

related to the practice of law inside or outside the courthouse whether or not related to litigation;

treatment of other attorneys and their staff. The term “discrimination” according to the Comment “is intended to be construed broadly to include sexual harassment, derogatory or demeaning language and generally, any conduct toward the named groups that is both harmful and discriminatory.”

Jury Issue – Was a cautionary instruction necessary/appropriate? Should the instruction have disclosed Zelda’s transgender status? Should Zelda have asked for a mistrial and how should the judge decide her motion? VIGNETTE

Scott Carraway and his adversary, Thomas Buchanan, appear for a case management conference. Tom Buchanan has known Scott for 15 years, including having tried cases with him. Scott has also regularly appeared before Judge Meanswell.

Carraway: Tom, listen I’m going to need to ask Judge Meanswell for some additional time before we end discovery.

Buchanan: What’s up?

Carraway: I’m having some surgery. I will be out for about five weeks.

Buchanan: Hey, sorry to hear that. Nothing serious I hope?

Carraway: Well may as well tell you since you’re going to find out anyway. Tom, I’m transgender and when I return I’ll be Zelda.

Buchanan: Very funny. You’re joking right?

Carraway: No. I’m serious.

Buchanan: Geez Scott, you always seemed like a regular guy. I mean you’re married and have kids. I had no idea you were gay.

Carraway: Tom, I’m not gay.

DURING THE CONFERENCE

Carraway: Your Honor, I have to request some additional time for discovery. As I explained to Mr. Buchanan prior to the conference, I’m having some surgery. I will be out for about five weeks. You see Judge, I’m a transgender woman and when I return, I’ll be Zelda Carraway.

Meanswell (after a brief pause): Wow, I never saw that coming. Well, good luck with that. I don’t exactly know what this surgery entails, but . . . yikes. How about you Mr. Buchanan, have you got any surprises for me that will be impacted by Mr. Carraway’s request that discovery be continued for a couple months?

Buchanan: No, Judge. I’m perfectly content being the pitcher and not the catcher.

Meanswell nods yes and winks.

At the next conference, Meanswell asks both counsel to come into chambers to go over the status of the case.

Meanswell: Good to see you, Ms. Carraway. You look great, doesn’t she Tom? You really look like a woman.

Meanswell (addressing Buchanan): Come on Tom, tell the truth, doesn’t she look great?

Buchanan: Sorry, Judge. No offense, but Scott’s not my type.

Carraway: Tom, please, my name is Zelda now.

30107392_1.docx Buchanan: Right. Sorry. How could I forget?

SIX WEEKS LATER AT A DEPOSTION IN BUCHANAN’S OFFICE:

Linda, Buchanan’s Secretary: Tom, the woman in the deposition with you, isn’t that the person who transgendered or whatever it’s called that you were telling all of us about a couple of weeks ago.

Buchanan: Yeah, that’s her. What do think?

Linda: I don’t care what she looks like. I just don’t want her to use the public ladies room. It really making us women feel uncomfortable. Can’t she use the handicap bathroom?

Buchanan: Ahh c’mon, Linda. She’s had the surgery. What’s the big deal?

Linda: She only had plastic surgery on her face. Nothing you-know-where. What if some of the women from other offices on our floor here about it? They might complain to the landlord. We don’t want some guy using the ladies room.

Buchanan I didn’t know that. I’ll talk to him. I don’t blame you for not wanting a guy in the ladies room.

Linda: Great. Thanks Tom.

SHORTLY THEREAFTER:

Buchanan: Hey Zelda, can I talk to you?

Carraway: Sure, what’s up?

Buchanan: Scott – sorry Zelda, some of my female staff have asked that you not use the ladies room. Would you mind using the handicap bathroom?

Carraway: Tom, actually I would.

Buchanan: Look, I don’t want to make a big deal of it, but you’re not making this easy for any of us.

ORAL ARGUMENT ON A MOTION:

Meanswell to Zelda: Listen, gentlemen, can’t you settle . . . oops, I’m sorry. Zelda, I didn’t mean that. Old habits die hard, but at least I’m trying. Anyway, I want both of you to go to the attorney conference room and see if you can’t settle this thing.

AT TRIAL:

Buchanan: I object. My adversary is misrepresenting testimony. Your Honor, will you please contain him?

Meanswell: Tom, please try to treat Ms. Carraway respectfully. I know his situation is difficult for all of us, but I cannot tolerate any efforts on your part to demean or embarrass Ms. Carraway.

Buchanan: I didn’t mean to embarrass him. As you said not so long ago, old habits die hard. The “him” just slipped out. I’m sorry, Zelda.

30107392_1.docx (ASSUME CIVIL DIVISION CASE) BEFORE THE JURY:

Meanswell: Ladies and gentlemen of the jury. You heard Mr. Buchanan refer to Ms. Carraway as “him.” I have cautioned him not to do this. You should not let Ms. Carraway’s status as a transgender woman impact you in any way.

Carraway: Side bar, please. [At side bar] I move for a mistrial, Your Honor.

Meanswell: On what basis?

Carraway: On the basis that disclosure of my transgender status was unnecessary and has the capacity to bias the jury against my client.

Meanswell: But it’s the truth! . . . I’ll reserve decision. Zelda, I can’t figure out what you want me to do. I’m trying to support you, but I need some help here. . .

30107392_1.docx Transgender Child – Custody Scenario

Ben Burly, Esq., counsel for Ralph Rugged, has filed an Order to Show Cause seeking the immediate change of the primary custodial parent for a 12 year-old child, Michael Rugged, to his client, the father of the child. It also seeks injunctive relief barring Michael’s mother, Lois Steem, from allowing Michael to take Lupron, a puberty delaying drug. Michael’s parents separated when he was 5 and his mother has been the primary custodial parent since the separation. The divorce was finalized when Michael was 7.

Since the age of three, Michael has behaved in a manner consistent with having a female gender identity. As a child he played with dolls and toys typically associate with girls. He asked to start living as a girl 3 years ago, and his mother finally consented 2 years ago when Michael talked about wanting to die rather than live as a boy. Michael is now 12 and wants to begin taking Lupron, a drug that will delay puberty and prevent Michael from developing male secondary sex characteristics. Ms. Steem has done a lot of online research and it is clear to her that Michael suffers from gender dysphoria. However, because Mr. Rugged stopped paying the health insurance premiums, she and Michael are uninsured and she has been unable to afford to have him see an individual therapist or specialist in gender identity issues. She has spoken to the school guidance counselor and to a social worker, who runs a support group for transgender children that Michael has attended, and they both agree Michael appears to suffer from gender dysphoria.

Despite having liberal visitation, Michael’s father, Ralph Rugged, only saw Michael sporadically after the divorce because he moved to Oklahoma to work in the shale oil fields. When he did see Michael, he berated him for being a sissy and told him as soon as he moved back to New Jersey, he was going to “make a man out of him.” Mr. Rugged moved back to New Jersey three months ago and discovered his son was now going by the name Michelle and was attending school as a girl. He has since retained Mr. Burly to file the within action.

Transgender Understanding Who the “T” in “LGBT” are and Their Unique Legal Issues

by Robyn B. Gigl

ew people in the United States appear to be more some of the legal issues that impact transgender individuals. stigmatized and misunderstood than transgender Although it is impossible in an article of this length to address individuals. A 2011 national survey of almost all of the legal issues that can and do impact someone who is 6,500 transgender individuals found that 90 per - transgender, the aim is to provide a conceptual framework for cent reported being harassed, discriminated examining issues involving transgender individuals. against or mistreated in the workplace because of This article will focus primarily on the legal issues that are Ftheir transgender status. 1 A total of 78 percent of K-12 trans - encountered by individuals who are sometimes referred to as gender students reported being harassed in school. This transsexual, even though they are only one segment of the includes 31 percent who were actually harassed by teachers or overall transgender population. 8 These are individuals who go staff. 2 More than half of all transgender students (51 percent) through the process of affirming themselves in the gender who reported being harassed, assaulted or expelled because of that is the opposite of the one they were assigned at birth. their transgender status, attempted suicide. 3 When broken This segment of the larger transgender community has been down by race, African American transgender individuals suf - selected because almost all of the case law dealing with legal fer discrimination and harassment at significantly higher issues involving transgender individuals arises in the context rates than their Caucasian counterparts. 4 of someone who is going through, or who already has gone In the past 20 years, the fight for equal rights for lesbians, through, the gender affirmation process. It is also more likely gays and bisexuals in the United States has slowly gained trac - that these issues will impact employers, schools and others tion, to the point that for the first time in history, the presi - who interact with the transgender individual. dent pledged to pursue marriage equality. 5 But, as the forego - ing statistics demonstrate, the struggle for transgender Terminology and Concepts equality has lagged far behind. To understand the legal issues faced by the transgender Advocates for transgender equality have various theories community it is critical to understand the terminology. The for this dichotomy, but the simple reality is that many peo - word “transgender” is a broad umbrella term that applies to ple, straight and gay, struggle to understand what it means to all people whose gender identity or expression does not con - be transgender. They understand sexual attraction even if form to that which is typically associated with their sex they don’t necessarily understand the other’s point of view. assigned at birth ( i.e. , the sex listed on their birth certificate). 9 But for approximately 99.5 percent of the population, the One of the common misconceptions is that the term trans - concept that the gender your brain says you are does not gender only applies to people like Chaz Bono 10 or the Canadi - match the genitalia you were born with, is a totally foreign an transgender Miss Universe contestant, Jenna Talackove 11 — concept, and one most people find difficult to conceptual - someone who has affirmed their gender to be opposite of the ize. 6 But for a surprising number of people, it is something sex listed on their original birth certificate. Although they are they deal with every day. 7 examples of transgender individuals, they represent only a The purpose of this article is to provide the practitioner segment of a larger population. 12 with a basic understanding of the terminology used when The term “gender identity” refers to a person’s innate iden - referring to members of the transgender community, and tification as a man or a woman, which may or may not corre -

10 NEW JERSEY LAWYER | June 2013 NJSBA .COM spond to the gender assigned to them at of specialist in terrorism and interna - compensation or in terms, conditions birth. 13 A person’s “gender expression” tional crime with the Congressional or privileges of employment…. 25 involves their characteristics and behav - Research Service (CRS) at the Library of [emphasis added]. iors, such as appearance, dress and man - Congress. Before starting the job, the nerisms that are perceived to be either plaintiff advised the CRS that she was Gender identity or expression was masculine or feminine. 14 Thus, because in the process of transitioning and added to the LAD as a protected class, the term transgender includes both gen - would be starting work as Diane effective June 17, 2007. 26 Notably, the der identity and gender expression, it Schroer. At that point, the job offer was LAD does not use the term transgender encompasses a broad spectrum of indi - withdrawn. 21 or transsexual. Rather, it protects viduals, including transsexuals; 15 cross- Most people cannot understand the employees broadly—not only based on dressers; 16 androgynous individuals 17 internal struggle (gender dysphoria) their gender identity, but also based on and individuals who do not want to be that someone like Diane Schroer went gender expression. defined by any gender, often referred to through every day for years trying live In addition to the issues of discrimi - as genderqueer. 18 in a role where her outward gender nation and harassment, which are Another term used in connection expression (male) did not match her addressed in a separate article in this with someone who is transgender is internal gender identity (female). publication, the most common issues “gender dysphoria.” This refers to the Because for many transgender people faced in the workplace by transgender discomfort or distress caused by a dis - this struggle is intensely private and individuals are associated with an crepancy between a person’s gender hidden from everyone else, when they employee coming out as transgender identity and sex assigned at birth. 19 come out as transgender, friends, fami - and going through the gender affirma - What is difficult for many people to lies and employers often reject them. tion process. Under the LAD, the comprehend is that many transgender For some transgender people, like employee has the absolute legal right people hide their gender dysphoria for Schroer, the gender dysphoria is so to transition, and cannot be discrimi - years, and live what appears to everyone severe, the only known medical remedy nated against because of his or her gen - else to be very successful lives in the is to stop living in the gender role that der identity. More difficult issues gen - gender they were assigned at birth, was assigned at birth and live in accor - erally arise in the social aspects of the while privately struggling with their dance with their gender identity. This transition, and especially when a for - gender identity issues. A perfect exam - process is known as transitioning, or mer male employee affirms her gender ple is the plaintiff in Schroer v. Billington , gender affirmation. 22 Many of the legal as female. In particular, bathroom which is one of the landmark cases issues encountered by transgender indi - usage may cause concerns for female upholding the employment rights of viduals occur as part of the gender affir - employees. Generally, these concerns transgender individuals under Title VII mation process. arise because the transitioning employ - of the Civil Rights Act of 1964. 20 ee, despite having a female gender In Schroer , the plaintiff had 25 years Workplace Issues 23 identity, is still viewed by coworkers as of service in the U.S. Armed Forces, All New Jersey employers, including male. Nonetheless, the law is clear; the holding command and staff positions the state, political or civil subdivisions, employee is permitted to use a bath - in the Airborne, Armored Calvary, Spe - agencies, boards and bodies, are subject room consistent with her gender iden - cial Forces, Special Operations Units, to the New Jersey Law Against Discrimi - tity or expression. 27 and in combat operations in Haiti and nation (LAD). 24 The LAD provides in Most of the issues that arise in the Rwanda. For 17 of those years, the pertinent part: workplace (and elsewhere) come from plaintiff held a top-secret security clear - perceptions or stereotypes that people ance and analyzed sensitive intelligence It shall be an unlawful employment have concerning transgender individu - reports. In this role, the plaintiff regu - practice, or, as the case may be, an als. Many of these issues can be amelio - larly briefed senior officials, including unlawful discrimination: rated through training and programs the chairman of the Joint Chiefs of a. For an employer, because designed to educate management and Staff, the secretary of defense, and the of… gender identity or expression , to employees about what being transgen - vice president. The plaintiff did all of refuse to hire or employ or to bar or to der means. At a fundamental level, it’s this while living as David Schroer. After discharge or require to retire…from important to convey that a transgender retiring from the military, the plaintiff employment such individual or to dis - person going through the gender affir - applied for and was offered the position criminate against such individual in mation process does not want to

NJSBA .COM NEW JERSEY LAWYER | June 2013 11 ‘become’ male or female. They ‘are’ at Every Turn, referenced at the outset of divorce and then reconcile, they could male or female, and they are trying to this article . Nonetheless, the fact that not get legally remarried in the state of conform their outside reality to the 4.5 percent of documented incidents of New Jersey because they would now be internal reality they have lived with, in bullying involved a school population considered a same-sex couple. most cases, all their lives. 28 that, assuming the percentage of trans - For those counseling transgender gender students is consistent with the clients, caution is urged, because some School and Bullying Issues percentage of transgender individuals in states will not recognize changes to a As demonstrated by the recent media the general population—three-tenths of sex designation on a birth certificate, or coverage involving a six-year-old Col - one percent—indicates significant bul - will only recognize a person’s chromo - orado transgender girl banned from lying of children who are perceived to somal sex. For instance, in Kansas a using the girl’s bathroom at school, be transgender. marriage between a man and transgen - transgender individuals are socially As the 2011 anti-bullying statute, 34 der woman was invalidated after the transitioning at younger ages. 29 When which specifically protects students death of the male spouse, who knew of this happens, schools must deal with against bullying based on their gender the transgender status of his wife, when practical issues, such as the child’s legal identity or expression, has an opportu - the surviving heir claimed the marriage name, school records, and bathroom nity to permeate the school environ - was invalid because the wife had been usage, as well as preventing school bul - ment, perhaps fewer and fewer inci - assigned male at birth. 38 Since Kansas lying. dents will occur. does not recognize same-sex marriages Although cases like the Colorado and refuses to recognize the wife as a case, involving which bathroom a trans - Family Law female for purposes of its marriage gender student uses, have not received Marriage statute, the marriage was declared void the same notoriety in New Jersey, they In New Jersey, the legality of a mar - ab initio .39 do exist. 30 Fortunately in New Jersey, riage is governed by the “sex” of the Even under the Defense of Marriage with few exceptions, these matters have marriage partners at the time of the Act government agencies have taken the been quickly and quietly resolved when marriage. 35 Thus, if Jane and Ralph Doe position that the “one man and one the advocate for the child has been able where married when Jane was legally a woman” requirement is determined at to communicate with the school board’s female and Ralph was legally a male, the time of the marriage. 40 As a result, attorney to address the LAD’s require - their marriage is valid. This is true even the spouse of a transgender individual is ments. In New Jersey, an individual is if Ralph started out life as Rachel with a entitled to Social Security survivor’s or permitted to use the bathroom facility birth certificate that assigned her as disability benefits. Additionally, a mar - consistent with their gender identity or female at birth. If Ralph has gone ried couple can file a joint tax return expression in places of “public accom - through the legal process of having the even if one of the spouses goes through modation.” 31 The statute specifically designation of sex on his birth certifi - the gender affirmation process, as the defines public accommodation to cate changed to male, Ralph is male for federal government has no authority to include all non-religious schools. 32 purposes of getting married in New Jer - invalidate a marriage that is otherwise According to the New Jersey Depart - sey, and he and Jane have a legally bind - valid under state law. 41 ment of Education, 536 incidents, ing marriage and not a civil union. 36 which made up 4.5 percent of all sub - Likewise, if Peter was assigned male Divorce stantiated school bullying incidents for at birth and was legally a male when he As noted above, in New Jersey, the the 2011-2012 school year, were the married Susan, even if Peter subsequent - fact that one spouse is transgender and result of the student’s gender identity or ly went through the gender affirmation transitions does not, in and of itself, dis - expression. 33 Since there is no accurate process and legally changed her name solve the marriage. Likewise, the status way to identify how many transgender and birth certificate to reflect that she of one parent as transgender should not students there are in public schools, or was now a female named Patricia, she be a factor in custody, as the sole issue even more importantly, how many and Susan would remain legally married in such instances is the best interest of transgender students exhibit gender and not in a civil union. Regardless of the child. 42 expressions that would lead other stu - the fact that both spouses are now legal - dents to conclude they were transgen - ly female, the legal status of their mar - Identity Documents 43 der, it is not possible to compare these riage was set at the time of their mar - Name Change figures to the National Survey, Injustice riage. 37 Ironically, if Patricia and Susan In New Jersey, the name-change pro -

12 NEW JERSEY LAWYER | June 2013 NJSBA .COM cedures for an adult transgender indi - protocol for treating transgender minors 7. Id. vidual are no different from the usual does not include surgery. 48 8. The use of the term “transsexual” is name-change process. It is not grounds hotly debated within the larger to deny a name change because the peti - Conclusion transgender community. It is used tioner is transgender. 44 Research has This article offers only an overview of here because many people are famil - revealed no case in which a transgender some of the legal issues faced by trans - iar with the term. A term preferred child has undergone a legal name gender individuals. But laws provide by many transgender advocates is change in New Jersey. As in all matters only legal protection and do not by “gender affirmed.” See Fenway involving minors, it is anticipated that themselves end the systemic harass - Health, Glossary of Gender and Trans - the best interest of the child standard ment, discrimination and mistreatment gender Terms , (Jan. 2010 ed). would apply. of transgender individuals. Hopefully www.fenwayhealth.org/site/Doc - through education and outreach efforts, Server/Handout_7C_Glossary_of_G Driver’s License progress can be made in changing socie - ender_and_Transgender_Terms__fi. In New Jersey, an individual who tal perceptions that will allow for greater pdf.(last viewed on March 1, 2013). wishes to change his or her name on a acceptance and equality for all transgen - Although the term transsexual is driver’s license must bring a court order der individuals. used, in light of the debate sur - granting the name change to a Motor rounding its usage, it is used only Vehicle Commission (MVC) office and Endnotes sparingly in this article. complete the requisite paperwork before 1. Jaime M. Grant et al., Injustice at 9. Id., 3-4 a new license will be issued. 45 It is also Every Turn: A Report of the National 10. Chaz Bono is the son of Cher and possible in New Jersey to change the Transgender Discrimination Survey 56 Sonny Bono; his story can be found gender marker—the “M” or “F” next to (2011), available at www.thetask - on his website. Chaz Bono, “Sex”—on the license. As of April 2009, force.org/downloads/reports/reports www.chazbono.net/ (last visited an individual wishing to change his or /ntds_full.pdf. March 7, 2013). her gender marker needs to complete 2. Id . at 36. 11. Jenna Talackova is the transgender the MVC “Declaration of Gender Desig - 3. Id. at 45. woman who was named Miss Uni - nation Change” form. The form requires 4. Id. at 2. verse Canada; her story can be that a licensed medical or social service 5. President Barack Obama, Inaugural found on her website. Jenna Talack - provider certify the person requesting Address at the United States Capitol ova, http://jennatalackova.ca/ (last the change does, in fact, identify as the (Jan. 21, 2013), available at www. visited March 7, 2013). gender of the proposed marker change. 46 whitehouse.gov/the-press-office 12. Unfortunately, trying to obtain an /2013/01/21/inaugural-address- accurate estimate of what portion of Birth Certificate president-barack-obama. the transgender population goes In New Jersey, an individual who 6. A 2011 survey conducted by the through the gender affirmation goes through the gender affirmation Williams Institute found that three- process is impossible. According to process can obtain a new birth certifi - tenths of a percent of the popula - the World Professional Association cate issued with a new name and revised tion self-identified as transgender. for Transgender Health (WPATH) it designation of sex by submitting: 1) an Utilizing the 2010 U.S. Census fig - is estimated that there are approxi - application 2) with an official copy of ures showing a population for New mately one in 12,000 male to the court order authorizing a new name, Jersey of almost nine million peo - female individuals and one in and 3) a certification from the person’s ple, this would mean that there are 30,000 female to male individuals. licensed physician that the person approximately 27,000 transgender Standards of Care for the Treatment of underwent irreversible gender-conform - individuals in New Jersey. Gary J. Transsexual, Transgender and Gender- ing surgery. 47 This latter requirement Gates, The Williams Inst., How Nonconforming People, Version 7 can pose issues if for financial, medical Many People are Lesbian, Gay, (2011), at 169. The Standards of or other reasons the individual cannot Bisexual and Transgender 1 (2011) Care can be found at www.wpath. undergo surgery but nonetheless social - available at williamsinstitute.law. org/documents/IJT%20SOC,%20V7. ly transitions to the desired gender iden - ucla.edu/wp-content/uploads/ pdf (last viewed on March 4, 2013). tity. It also presents an issue for minors, Gates-How-Many-People-LGBT-Apr- 13. Fenway Health, Glossary of Gender because the generally followed medical 2011.pdf. and Transgender Terms , supra. at 7-8

NJSBA .COM NEW JERSEY LAWYER | June 2013 13 14. Id. at 7. Workplace Issues . and Substance Abuse in New Jersey 15. The term “transsexual” refers to 24. N.J.S.A. 10:5-59(e). Public Schools fig. 7, at app. C people whose gender identity differs 25. N.J.S.A. 10:5-12 (emphasis added). (2012) available at from their assigned sex at birth ( i.e ., 26. See N.J.S.A . 10:2-1, Historical and www.state.nj.us/education/schools/ the sex listed on their birth certifi - Statutory Notes. vandv/1112/vandv.pdf. cates); people who, often on a full- 27. Although bathroom usage is not 34. N.J.S.A. 18A:37-13.1, et seq . time basis, live as a member of the specifically addressed in N.J.S.A. 35. See M. T. v. J. T., 140 N.J. Super. 77 sex opposite of their birth-designat - 10:5-12a., the employment sub-sec - (App. Div. 1976). In M. T. the Appel - ed sex. Id. at 15. tion of the statute, it is addressed in late Division upheld the validity of a 16. The term “cross-dresser” refers to the public accommodation provi - marriage of a transsexual, who had people who wear clothing, jewelry, sion of the statute, N.J.S.A. 10:5- been born anatomically male, to a and/or make-up not traditionally or 12f., which specifically mandates male. In defending against a com - stereotypically associated with their that when the use of public accom - plaint for support and maintenance, anatomical sex, and who generally modation is restricted to one gen - the defendant husband contended have no intention or desire to der, individuals must be admitted the marriage was invalid because the change their anatomical sex. Cross- based on their gender identity or plaintiff was a male. In affirming the dressing is more often associated expression. Additionally, the New holding of the trial court that the with men, is more often engaged in Jersey Division on Civil Rights, marriage was valid, then-Judge Alan on an occasional basis, and is not which is statutorily charged with Handler stated that a “fundamental necessarily reflective of sexual orien - enforcing New Jersey’s Law Against premise” of the case was that mar - tation or gender identity. Id . at 5-6. Discrimination, (N.J.S.A. § 10:5-6), riage requires a male and a female. 17. The term “androgynous” refers to has taken the position that an After reviewing the expert testimony someone whose gender identity is employee is entitled to utilize the adduced at trial concerning the both male and female, or neither bathroom or locker room consistent plaintiff’s medical condition, the male nor female. Id. at 5. with their gender identity or expres - court affirmed the plaintiff was 18. This term is generally used in two sion. See, N.J. Div. on Civil Rights, female at the time of her marriage, ways: 1) as an umbrella term that Getting the EDGE in Compliance: and therefore, there was a valid mar - includes all people whose gender Equality and Diversity for GLBT riage of a male and a female. varies from the traditional norm, Employees 36 (2008) available at 36. Id. akin to the use of the word “queer” www.nj.gov/oag/dcr/downloads/Ge 37. Id. to refer to people whose sexual ori - tting-EDGE-Compliance.pdf. 38. In re Gardiner , 42 P.3d 120 (Sup. Ct. entation is not heterosexual only; or 28. Fenway Health, Glossary of Gender Kan. 2002). 2) to describe a subset of individuals and Transgender Terms , supra. at 4. 39. Id. Similar results could be expected who are born anatomically female 29. See TLDEF Files Complaint to Protect in Ohio. See, e.g., In re Declaratory or male, but feel their gender identi - Transgender Child From School Dis - Relief of Ladiad , 513 N.E. 2d 828 ty is neither female or male. Id. at 8. crimination , Transgender Legal Def. (Ohio Misc. 1987) (court refused to 19. Id. at 8. & Educ. Fund (Feb. 26, 2013), issue a marriage license to a male-to- 20. Schroer v. Billington , 577 F. Supp. 2d www.tldef.org/headline_show.php?i female transsexual to marry a man 293 (D.D.C. 2008). Schroer is one of d=395. because she had no right to change the first cases to hold that discrimi - 30. The author has personally been her birth certificate to female); In re nation against a person because involved in four such cases, and is Marriage License of Nash , 2003 WL they are transgender is discrimina - aware of at least two others that 23097095 (Ohio App. Dec 31, 2003) tion “because of sex” under Title VII occurred in the past three years. (court refused to honor amendment of the Civil Rights Act of 1964. 31. N.J.S.A. 10:5-12f.(1). of out-of-state birth certificate of 21. Id. at 295. 32. N.J.S.A. 10:5-5l . female to male transsexual and 22. Fenway Health, Glossary of Gender 33. See Christopher D. Cerf, Commis - found amendment would violate and Transgender Terms , supra at 4. sioner, N.J. Dep. of Educ. Annual Ohio public policy). 23. Issues involving employment dis - Report to the Education Commit - 40. See In re Kikue Liedigk (Soc. Sec. crimination are discussed in the tees of the Senate and General Admin Ofc. of Hearings & Appeals article titled It’s Not Just a Job: LGBT Assembly on Violence, Vandalism Dec. 1, 2003) (after decades of mar -

14 NEW JERSEY LAWYER | June 2013 NJSBA .COM riage, husband transitioned from 47. N.J.S.A. 26:8-40.12.a. The statute male to female; despite this, the further provides that the individ - wife was still entitled to retirement ual’s original birth certificate and all and spousal benefits based on mar - records relating to the amendment riage as the Defense of Marriage Act, of it shall be placed under seal and 1 U.S.C. § 7 (2006),. did not invali - only released on a court order. date marriage). See also, Matter of N.J.S.A . §26:8-40.12c. & d. Lovo-Lara, 23 I&N Dec 746 (BIA 48. See Standards of Care for the Treat - 2005) (“There is no indication that ment of Transsexual, Transgender and the DOMA was meant to apply to a Gender-Nonconforming People, Version marriage involving a postoperative 7 (2011), supra note 12 at 178. transsexual where the marriage is considered by the State in which it Robyn B. Gigl is the managing partner of was performed as one between two Stein, McGuire, Pantages & Gigl, LLP, in individuals of the opposite sex.”). Livingston, and practices in the areas of 41. Matter of Lovo-Lara , 23 I&N Dec at employment and commercial litigation. She 751. is the vice chair of the LGBT Rights Section 42. M.P. v. S.P ., 169 N.J. Super. 425 (App. of the NJSBA. Div. 1979). 43. Identification Requirements for Gender Reassignment Applicants , Bureau of Consular, http:// travel.state.gov/pas port/ get/first/first_5100.html (pro - viding requirements for changing federal documents) (last visited March 7, 2013); Application for a Social Security Card , U.S. Soc. Sec. Admin. www.socialsecurity.gov/ss number/ss5.htm (last visited March 7, 2013). It is important to note that the Social Security Administration has yet to establish a consistent pol - icy on changing gender markers. Many transgender individuals, when they complete Form SS-5 to amend their Social Security infor - mation, simply note the change of gender, and it is accepted by the local office. Other offices simply refuse to change a gender marker. 44. Matter of Eck, 245 N.J. Super. 220 (App. Div. 1991). 45. www.state.nj.us/mvc/Licenses/ 6PointID.htm (last viewed March 5, 2013). 46. See , Declaration of Gender Designation Change Form , N.J. Motor Vehicle Comm’n, www.state.nj.us/mvc/pdf/ Licenses/genderchange.pdf (last vis - ited March 7, 2013).

NJSBA .COM NEW JERSEY LAWYER | June 2013 15 AREAS OF DISCUSSION I. Entire line of questioning is intended to harass and embarrass II. “Don’t get hysterical Ann” III. Colloquy by defense counsel that follows IV. Erroneous assumptions about gender

RELEVANT ATTORNEY ETHICS RULES

RPC 3.4. Fairness to Opposing Party and Counsel A lawyer shall not:  (a) unlawfully obstruct another party's access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value, or counsel or assist another person to do any such act;  (b) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law;  (c) knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists;  (d) in pretrial procedure make frivolous discovery requests or fail to make reasonably diligent efforts to comply with legally proper discovery requests by an opposing party;  (e) in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused; or  (f) request a person other than a client to refrain from voluntarily giving relevant information to another party unless: o (1) the person is a relative or an employee or other agent of a client; and o (2) the lawyer reasonably believes that the person's interests will not be adversely affected by refraining from giving such information.  (g) present, participate in presenting, or threaten to present criminal charges to obtain an improper advantage in a civil matter.

Note: Adopted July 12, 1984, to be effective September 10, 1984; paragraph (g) adopted July 18, 1990, to be effective September 4, 1990.

RPC 3.5. Impartiality and Decorum of the Tribunal A lawyer shall not:  (a) seek to influence a judge, juror, prospective juror or other official by means prohibited by law;  (b) communicate ex parte with such a person except as permitted by law; or  (c) engage in conduct intended to disrupt a tribunal.

Note: Adopted July 12, 1984 to be effective September 10, 1984.

RPC 4.4. Respect for Rights of Third Persons  (a) In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.  (b) A lawyer who receives a document and has reasonable cause to believe that the document was inadvertently sent shall not read the document or, if he or she has begun to do so, shall stop reading the document, promptly notify the sender, and return the document to the sender.

Note: Adopted July 12, 1984 to be effective September 10, 1984; text redesignated as paragraph (a) and new paragraph (b) adopted November 17, 2003 to be effective January 1, 2004. RPC 8.4. Misconduct It is professional misconduct for a lawyer to:  (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;  (b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects;  (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;  (d) engage in conduct that is prejudicial to the administration of justice;  (e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law;  (f) knowingly assist a judge or judicial officer in conduct that is a violation of the Code of Judicial Conduct or other law;  (g) engage, in a professional capacity, in conduct involving discrimination (except employment discrimination unless resulting in a final agency or judicial determination) because of race, color, religion, age, sex, sexual orientation, national origin, language, marital status, socioeconomic status, or handicap where the conduct is intended or likely to cause harm.

Note: Adopted July 12, 1984, to be effective September 10, 1984; paragraph (g) adopted July 18, 1990, to be effective September 4, 1990; paragraph (g) amended May 3, 1994, to be effective September 1, 1994; paragraph (e) amended November 17, 2003 to be effective January 1, 2004. Official Comment by Supreme Court (May 3, 1994) This rule amendment (the addition of paragraph g) is intended to make discriminatory conduct unethical when engaged in by lawyers in their professional capacity. It would, for example, cover activities in the court house, such as a lawyer's treatment of court support staff, as well as conduct more directly related to litigation; activities related to practice outside of the court house, whether or not related to litigation, such as treatment of other attorneys and their staff; bar association and similar activities; and activities in the lawyer's office and firm. Except to the extent that they are closely related to the foregoing, purely private activities are not intended to be covered by this rule amendment, although they may possibly constitute a violation of some other ethical rule. Nor is employment discrimination in hiring, firing, promotion, or partnership status intended to be covered unless it has resulted in either an agency or judicial determination of discriminatory conduct. The Supreme Court believes that existing agencies and courts are better able to deal with such matters, that the disciplinary resources required to investigate and prosecute discrimination in the employment area would be disproportionate to the benefits to the system given remedies available elsewhere, and that limiting ethics proceedings in this area to cases where there has been an adjudication represents a practical resolution of conflicting needs.

"Discrimination" is intended to be construed broadly. It includes sexual harassment, derogatory or demeaning language, and, generally, any conduct towards the named groups that is both harmful and discriminatory. Case law has already suggested both the area covered by this amendment and the possible direction of future cases. In re Vincenti, 114 N.J. 275 (554 A.2d 470) (1989). The Court believes the administration of justice would be better served, however, by the adoption of this general rule than by a case by case development of the scope of the professional obligation.

While the origin of this rule was a recommendation of the Supreme Court's Task Force on Women in the Courts, the Court concluded that the protection, limited to women and minorities in that recommendation, should be expanded. The groups covered in the initial proposed amendment to the rule are the same as those named in Canon 3A(4) of the Code of Judicial Conduct. Following the initial publication of this proposed subsection (g) and receipt of various comments and suggestions, the Court revised the proposed amendment by making explicit its intent to limit the rule to conduct by attorneys in a professional capacity, to exclude employment discrimination unless adjudicated, to restrict the scope to conduct intended or likely to cause harm, and to include discrimination because of sexual orientation or socioeconomic status, these categories having been proposed by the ABA's Standing Committee on Ethics and Professional Responsibility as additions to the groups now covered in Canon 3A(4) of the New Jersey Code of Judicial Conduct. That Committee has also proposed that judges require attorneys, in proceedings before a judge, refrain from manifesting by words or conduct any bias or prejudice based on any of these categories. See proposed Canon 3A(6). This revision to the RPC further reflects the Court's intent to cover all discrimination where the attorney intends to cause harm such as inflicting emotional distress or obtaining a tactical advantage and not to cover instances when no harm is intended unless its occurrence is likely regardless of intent, e.g., where discriminatory comments or behavior is repetitive. While obviously the language of the rule cannot explicitly cover every instance of possible discriminatory conduct, the Court believes that, along with existing case law, it sufficiently narrows the breadth of the rule to avoid any suggestion that it is overly broad. See, e.g., In re Vincenti, 114 N.J. 275 (554 A.2d 470) (1989).

Biography Karen M. Cassidy

Judge Cassidy was appointed to the bench in April 2000 by then Governor Christine Todd Whitman. She has served in the Union Vicinage since her appointment, first in the Family Division, then in the Civil Division from September 2002 until September 2005. She returned to the Family Division in 2005 to serve as its presiding judge.

In January of 2009, Chief Justice Stuart Rabner appointed Judge Cassidy to the position of Assignment Judge of the Union vicinage, where she currently serves today. As Assignment Judge, Judge Cassidy is the chief executive officer of the vicinage, responsible for overall vicinage affairs. She reports to the Chief Justice and works with him and the other Assignment Judges from the State of New Jersey to create and implement judicial policies.

Judge Cassidy holds the position of Chair of the Supreme Court Committee of Women in the Courts, Co-chair of the Supreme Court Committee on Access and Fairness, Chair of the Judicial Council Committee on Labor Relations and Personnel and is also a member of the Supreme Court Committee on Civil Practice. In addition she is a member of numerous Judicial Council as well as local Union vicinage administrative committees.

Her entry into the legal profession was in 1984 as law clerk to Judge Edward W. Beglin, Jr., when he was Assignment Judge in Union County. Prior to her appointment to the bench, Judge Cassidy was a partner at the Roseland law firm of Connell, Foley. She had joined the firm in 1985 as an associate and was named partner in 1992.

Judge Cassidy holds a bachelor’s degree from American University, cum laude and a law degree from George Washington University’s National Law Center. She is admitted to the bar of the U.S. Supreme Court, the District Court of New Jersey and the State of New Jersey. She has been a certified civil trial attorney, an arbitrator, a master at the Richard J. Hughes Inn of Court and a lecturer for the New Jersey Institute of Continuing Legal Education. She was elected as a Fellow of the American Bar Foundation in 2011.

Robyn B. Gigl Robyn is the managing partner of Stein, McGuire, Pantages & Gigl, LLP in Livingston, New Jersey. Her practice involves handling complex litigation including employment law, commercial and business litigation and white-collar criminal defense. She is admitted to practice before the state and federal courts of New Jersey, the U.S. District Court for the Southern District of New York, U.S. District Court for the Eastern District of New York and the Court of Appeals for the Third Circuit.

Robyn is the current Chair of the LGBT Rights Section of the New Jersey State Bar Association, as well as a member of the Labor and Employment Law Section, Women in the Profession Section, and the Diversity Standing Committee. She is also on the Executive Board of Garden State Equality and on the Board of the Transgender Legal Defense and Education Fund.

Robyn is the Co-author of the Chapter “Title VII of the Civil Rights Act of 1964” published in Gender Identity and Sexual Orientation in the Workplace (BNA - 2014); as well as several other articles that have appeared in the New Jersey Lawyer Magazine and the LGBT Rights Section’s newsletter.

She is a frequent speaker on LGBT employment and discrimination issues, including programs sponsored by the New Jersey Judicial College, EEOC, NJICLE, NJSBA, University of Virginia Law School, Rutgers University and the Bar of the City of New York.

Robyn is AV Rated by Martindale-Hubbell and has been selected since 2010 as a New Jersey Super Lawyer.

Robyn is a graduate of Stonehill College, and Villanova University School of Law where she was a Member and Associate Editor of the Villanova Law Review.

STEPHANIE FRANGOS HAGAN is a named founding partner in the law firm of Donahue, Hagan, Klein & Weisberg, LLC and has limited her practice exclusively to family law for more than 25 years. She is a graduate of Seton Hall Law School and received an undergraduate degree from Rutgers. She is a frequent lecturer and panelist for NJSBA/ICLE and the Morris and Union County Bar Associations on a variety of Family Law topics including Alimony, Child Support, Custody, Equitable Distributions, Civil Unions and other important family law issues. She serves as a Blue Ribbon Panelist for the Essex, Union and Morris County Family Law Early Settlement Programs and is a Court Approved Family Law mediator and arbitrator frequently being appointed by the Courts throughout the State. She has been a member of the Executive Committee of the Family Law Section of the New Jersey State Bar Association for more than 18 years and is currently an officer of the Section. She is scheduled to be installed as the Chair of the Section in May 2018. Stephanie was formerly Chair of the District Fee Arbitration Committee for Morris County, and was installed as an officer of the Morris County Bar Association and a Trustee of the Morris County Bar Foundation in January 2014. She is scheduled to be installed as President of the Morris County Bar Foundation in January 2017 and President of the Morris County Bar Association in January 2019. Emily Kaller: New Jersey Law Firm; New Jersey Attorneys, Lawyers

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EMILY A. KALLER PARTNER

Woodbridge T: 732.476.3352 F: 732.476.3353 Email | vCard

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In litigation, it’s essential to consider all the options. It’s important to Departments recognize that being right is not necessarily the most significant factor. I work with my clients to develop the litigation strategy that works best for them. Litigation Practice Groups Ms. Kaller's practice focuses on commercial litigation. She has experience in the prosecution and defense of financing, credit and other banking matters, contract disputes including those arising under Banking, Business Financing & licensing and asset sale agreements, environmental contamination contribution actions, and complex Creditors' Rights litigation. Her experience also encompasses class action litigation in matters involving consumer Environmental claims and alleged securities fraud. Ms. Kaller has represented clients in both state and federal courts, including appellate practice before the New Jersey Supreme Court, Appellate Division and the Third Education Circuit Court of Appeals. Her work in chancery practice includes estate litigation, claims for injunctive

relief in business disputes, shareholder disputes and restrictive covenants. Rutgers University School of Law, J.D., 1997, with high honors HONORS & AWARDS The New School for Social Research, B.A., 1994 Named Professional Lawyer of the Year for 2013 by the Middlesex County Bar Association and the New Jersey Commission on Professionalism in the Law Bar Admissions

Martindale-Hubbell® Peer Review Rated AV® Preeminent (a trademark of Internet Brands, Inc.) New Jersey, 1997

(2008 – present) New York, 1998

U.S. District Court, District of New Listed in New Jersey Super Lawyers (a Thompson Reuters business) in the Business Litigation Jersey, 1997 practice area (2015) U.S. District Court, Eastern and Southern Districts of New York, 2006 A description of the standard or methodology on which the accolades are based can be found HERE. U.S. Court of Appeals, Third Circuit, No aspect of this advertisement has been approved by the Supreme Court of New Jersey. 2008

UNIQUELY NJ Clerkships

Member, New Jersey State Bar Association; Past Chair, Women in the Profession Section; Former law clerk to The Honorable Freda L. Wolfson, United States District

http://www.greenbaumlaw.com/attorneys-Emily-Kaller.html[4/28/2015 7:13:56 PM] Emily Kaller: New Jersey Law Firm; New Jersey Attorneys, Lawyers

Member, By-Laws Committee Court, District of New Jersey (1997 – 1998) Appointed Member, New Jersey Supreme Court Committee on Women in the Courts (2010 – 2012, 2012 – 2014); Vice Chair, Bar Education Subcommittee

Board of Trustees, Trial Attorneys of New Jersey

Member, Federal Bar Association of the State of New Jersey

Member, Financial Women’s Association; Former co-Chair, New Jersey Committee (2010 – 2011)

Chair, Greenbaum, Rowe, Smith & Davis LLP Women's Leadership Forum

Member, Rutgers Alumni Association

Member, New School for Social Research Alumni Network Emily A. Kaller

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A description of the standard or methodology on which the accolades are based can be found HERE. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

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http://www.greenbaumlaw.com/attorneys-Emily-Kaller.html[4/28/2015 7:13:56 PM] HONORABLE DONALD A. KESSLER Judge Kessler currently sits in the Chancery Division in Essex County. From May 2009 to February 2015, he sat in family part in Essex County presiding over dissolution, non-dissolution and domestic violence matters. He is a member of the Supreme Court Committee on Women in the Courts and serves as the co-chair of the Women in the Court’s judicial education subcommittee. Judge Kessler also currently serves as a member of the Supreme Court Family Practice Committee, co-chairing the subcommittee on fd and fv matters and as a member of the Supreme Court Committee on Complementary Dispute Resolution. He has also participated as a speaker at Judicial College, Superior and Municipal Court New Judge orientation, and several ICLE programs.

Virginia Long | Princeton, New Jersey Attorney | Fox Rothschild LLP

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Virginia Long

Counsel Princeton, NJ 609.895.3335

Retired New Jersey Supreme Court Justice Virginia Long joined Fox Rothschild in March 2012 after 15 years on the Appellate Division and 12 years as a pivotal player on the Supreme Court.

At Fox Rothschild, Long devotes her efforts to assisting clients with ethics and appellate matters, corporate governance and governmental integrity investigations and to serving as a mediator and arbitrator providing dispute resolution alternatives in civil and matrimonial cases. She also spearheads the firm’s pro bono efforts in New Jersey and was recently appointed to the Supreme Court special committee on attorney ethics to study the new ABA rules on professional conduct.

A respected member of the New Jersey bar for more than 40 years, Long was appointed to the state’s high court in 1999 by Governor Christine Todd Whitman. In that capacity, she authored many opinions, challenging the imposition of the death penalty, which she believed was impossible to apply rationally and consistently. Her matrimonial opinions were numerous and changed the landscape of the practice such that a matrimonial Inn of Court was named in her honor.

Long’s 2000 judicial opinions impacted the lives of people statewide and addressed such topics

http://www.foxrothschild.com/attorneys/virginia-long.html[4/28/2015 7:13:06 PM] Virginia Long | Princeton, New Jersey Attorney | Fox Rothschild LLP

as establishing standards for a determination of who constitutes a “psychological parent;” determining that the refusal to renew the employment contract of an employee over the age of 70 violated the New Jersey Law Against Discrimination; first recognizing PTSD as a basis for workers compensation and disability retirement benefits. She also penned a number of ground breaking land use opinions and numerous insurance opinions including several regarding risk allocation in long tail environmental exposure cases. Before Fox Rothschild Long began her career as a Deputy Attorney General and later served as Director of the New Jersey Division of Consumer Affairs and as Commissioner of the former New Jersey Department of Banking. She also practiced law at the firm of Pitney, Hardin and Kipp. In 1978, Gov. Brendan T. Byrne appointed her to the New Jersey Superior Court, where she presided over civil, criminal and family law cases. From 1983 to 1984, she was the General Equity judge for Mercer, Somerset and Hunterdon counties. In 1984, then-Chief Justice Robert N. Wilentz elevated her to the Appellate Division, where became a presiding judge in 1995. Long was appointed to the New Jersey Supreme Court in 1999 and was confirmed by the Senate for a second term and granted tenure in 2006. She chaired and served as a member of numerous Supreme Court committees, including Extra-judicial Activities and Judicial Performance. She retired on March 1, 2012, when she reached the age of mandatory retirement. Honors and Awards Justice Long has been recognized with several prestigious awards including: Roger N. Baldwin Award, American Civil Liberties Union of New Jersey, 2014 Mary Philbrook Public Interest Award, Rutgers School of Law, 2013 Honorary Doctor of Laws, Rutgers University, 2013 New Jersey State Bar Association James J. McLaughlin Award for Civility, Legal Competence and Professionalism, 2013 New Jersey State Bar Association Marie L. Garibaldi Award for Distinguished Service and Excellence, 2012 New Jersey Psychiatric Association Citizen of the Year Award, 2012 for establishing the DSM-IV standard in Posttraumatic Stress Disorder cases New Jersey State Bar Association Serpentelli Award for Significant Contributions to the Development of Family Law, 2012 Rutgers University Hall of Distinguished Alumni, 2001 Douglass College New Jersey Women of Achievement Award, 2001 Seton Hall Law School Woman of Substance Award, 2000 Rutgers School of Law Fannie Bear Besser Award for Public Service, 1999

http://www.foxrothschild.com/attorneys/virginia-long.html[4/28/2015 7:13:06 PM] Virginia Long | Princeton, New Jersey Attorney | Fox Rothschild LLP

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Practice Areas Alternative Dispute Resolution Appellate Practice Family Law Law Firms and Attorneys Litigation

Bar Admissions New Jersey

Education J.D., Rutgers Law School, 1966 B.A., Dunbarton College of Holy Cross, 1963

Court Admissions U.S. Supreme Court, 1971 U.S. Court of Appeals, Third Circuit, 1970 U.S. District Court, District of New Jersey, 1966 New Jersey Supreme Court, 1966

Memberships National Advisory Board, William J. Hughes Center for Public Policy, 2015 to present Advisory Committee on Judicial Conduct (Vice Chair, 2013 to 2014; Chair, 2014 to present) New Jersey State Bar Association, Blue Ribbon Commission on Unmet Legal Needs, Co-chair, 2014 to present Supreme Court Special Committee on attorney ethics to review ABA model rules on professional conduct, 2013 to present New Jersey Law Revision Commission, 2012 to present New Jersey Law Journal, Editorial Board, 2012 to present American Bar Foundation, Fellow, 1984 to present New Jersey State Bar Association, 1966 to present National Academy of Distinguished Neutrals, New Jersey Chapter

Board of Directors Legal Services of New Jersey, Board of Trustees, 2012 to present http://www.foxrothschild.com/attorneys/virginia-long.html[4/28/2015 7:13:06 PM] Virginia Long | Princeton, New Jersey Attorney | Fox Rothschild LLP

Centurion Ministries, 2012 to present Deborah Heart and Lung Center Board of Trustees Stuart Country Day School of the Sacred Heart, 1989-1996

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http://www.foxrothschild.com/attorneys/virginia-long.html[4/28/2015 7:13:06 PM] Asaf Orr, Esq. Staff Attorney-National Center for Lesbian Rights

Asaf Orr joined NCLR in February 2012 as a Staff Attorney and works on issues related to families and youth. Prior to joining NCLR, Asaf was a solo practitioner in Los Angeles where he represented students in education-related matters including special education, discrimination, constitutional rights and discipline.

Asaf began his legal career as a Staff Attorney and Tom Steel Fellow at a non-profit legal services organization, where he directed the Rainbow Rights Project, a project that represents youth in education-related matters who are denied their right to an education on the basis of their sexual orientation or gender identity. In addition to his work on the Rainbow Rights Project, Asaf also represented students with disabilities in special education matters before the Office of Administrative Hearings and federal court.

In addition to representing parents of children, Asaf also provided trainings to students, parents, educators, health care providers, and lawyers on special education issues and the rights of LGBTQ youth in schools. He has provided those trainings in California and around the country.

After graduating magna cum laude from Rutgers School of Law in Newark in 2008, Asaf clerked for The Honorable Virginia A. Long on the Supreme Court of New Jersey.

Favorite Quote “For to be free is not merely to cast off one’s chains, but to live in a way that respects and enhances the freedom of others.“

― Nelson Mandela

Nina C. Remson, Esq. has been a practicing attorney for over twenty-three years and is admitted to the Bars of New Jersey and New York and various Federal Courts, including the United States Supreme Court. Ms. Remson's firm law concentrates in criminal defense, municipal court and family law.

Nina Remson graduated with a Bachelor of Arts from Douglass College at Rutgers University in 1988 and a Juris Doctorate from Rutgers Law School in 1991. Upon graduation from law school, she served in the Civil Division of the Bergen County Superior Court as a Judicial Law Clerk for the Honorable Martin J. Kole, J.A.D., from 1991-1992.

Ms. Remson is a member of the Criminal Law, Municipal Court, Women in the Profession and Solo/Small Firm Sections of the New Jersey State Bar and is a Past Chair of the LGBT Rights Section. She is Trustee of the Bergen County Bar Association and a member of the Juvenile Law, Criminal Law and Municipal Court Committees. Ms. Remson is the Vice President of Women Lawyers in Bergen and serves as Secretary of the District Ethics Committees for Northern and Southern Bergen County.

Nina C. Remson, Esq. may be contacted at:

Nina C. Remson Attorney at Law, LLC 25 Main Street, Suite 104, Court Plaza North Hackensack, New Jersey 07601 Tel: (201) 489-0308 Fax: (201) 489-0309 [email protected] www.ninaremsonlaw.com