Bernards Zoning Board Grapples with Attorney-Witness Role Conflict

The Bernards Zoning Board of Adjustment meeting recently addressed a complex issue involving the role of an attorney as a witness in a legal proceeding, which led to a debate and required a recess to resolve the matter. This point of contention arose during the continuation of the Signature Acquisitions LLC case. The representative of Signature Acquisitions LLC challenged the participation of an attorney as a witness, stressing the importance of adhering to legal and professional conduct guidelines. The board’s lawyer advised against allowing lawyers to serve in dual capacities as advocates and witnesses, prompting the attorney in question to request a recess. Following the recess, it was determined that the attorney would not present any witnesses.

The discussion of this matter took center stage at the meeting, overshadowing other routine and procedural items. The debate was rooted in the rules of professional conduct for attorneys, which typically prohibit them from acting as both an advocate for a client and as a fact witness in the same proceeding. The implication of such a rule is to maintain the integrity of legal proceedings and to avoid conflicts of interest. The representative for Signature Acquisitions LLC raised concerns about witness representation and public comment, which led to further debate regarding whether witnesses could also make public comments.

The situation became a focal point of the meeting, causing a significant delay in the proceedings. The board’s lawyer’s advice against the dual role of the attorney was a critical factor in the resolution of the debate. However, the attorney who was the subject of the debate disagreed with the board lawyer’s ruling and took a recess to confer with potential witnesses, possibly to reassess their strategy in light of the board’s stance.

Upon reconvening, the board moved forward with its decision that the attorney would not present any witnesses. This decision might have implications for the case’s progression and for future hearings where similar circumstances could arise.

In addition to this debate, the board addressed other matters of business. Two resolutions for Riverwalk Village LLC and Don V LLC were approved. These resolutions, while part of the meeting’s administrative proceedings, were not as contentious or unusual as the discussion surrounding the attorney-witness issue.

The meeting’s agenda also included administrative points, like the cancellation of the July 3rd meeting and the scheduling of the next meeting for July 11. A mention was made of a letter received from the attorney for the Board of Education, which introduced uncertainty about whether the board would accept the letter and whether it would be addressed at the July 11th meeting. The potential for an August meeting was also discussed, contingent on the developments of the July 11th meeting.

Despite these other agenda items, the brevity of the meeting was noted by a staff member, highlighting that the discussion about the attorney’s role had been the meeting’s major issue. The conflict between legal representation and witness testimony took precedence and was the most newsworthy event of the session, given its implications for the integrity of the process and the precedent it could set for future hearings.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Mayor:
Jennifer Asay
Zoning Board Officials:
Jeanmarie Genirs, David Tancredi, Beth Pochtar, Lisamarie Baumann, Carl Cambria, Karl Kraus, Joe Pavlosky, Francis Helverson, Jaime B. Herrera (Alternate #2), Steven K. Warner (Board Attorney), Thomas J. Quinn PE, CME (Board Engineer), David L. Schley, AICP/PP (Board Planner), Cyndi Kiefer (Board Secretary)

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