Judge of the Day, Small Law Firms

500 Days Without A Decision And Judge Tells Lawyers To Wait Longer

508 days and counting.

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August 23, 2016. That’s when the parties in Kavadas v. Martinez — a New Jersey case challenging the constitutionality of the practice of revoking a person’s driver’s license when they are in arrears on child support payments, without a hearing — had a hearing on cross-motions to dismiss the case. And they’ve been waiting ever since.

Over 500 days the parties have been waiting on a ruling. Given the amount of time that has lapsed, the plaintiff’s counsel, David Perry Davis, wrote to the presiding judge, Mercer County Assignment Judge Mary Jacobson, asking what was going on. As Law.com reports, Judge Jacobson, while seemingly apologetic, still couldn’t provide a timeline for her decision in the case:

“The complexity and importance of the many issues you have brought before the court in the above referenced lawsuit require careful consideration. I regret that I have not completed my review of the pending motions, but I am not able to provide you with a date certain by which the decisions on the motions will be rendered,” Jacobson wrote to Davis.

And this isn’t the first time Davis has inquired about the status of the case. In September 2017, Judge Jacobson indicated a ruling was imminent… but it never came. Davis followed up again on November 15, 2017, but got no response. Now he — and his client — are left in a kind of limbo as Davis evaluates whether the non-action can be considered a de facto dismissal and eligible for appellate review:

On Monday, Davis said that case law does not specify what amount of time should be considered unreasonable for parties to wait on a ruling, but he said that the irreparable harm caused by the delays in the present case should be a factor.

The only other option is continuing to wait. Judge Jacobson has to make a decision eventually… right?

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headshotKathryn Rubino is an editor at Above the Law. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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