Court lets NJ bar association keep diversity seats
Program was targeted in reverse bias lawsuit
By: Hannan Adely
NorthJersey.com
USA Today Network - New Jersey
..... The New Jersey State Bar Association can keep a diversity program that was the target of a "reverse discrimination" lawsuit, after an appellate court found that the program is protected under the First Amendment.
.....
The Superior Court of New Jersey's Appellate Division ruled December 20 [2024] against attorney Rajeh Saadeh in his lawsuit alleging they the program violated the New Jersey Law Against Discrimination.
..... The Bridgewater attorney argued in a 2021 complaint that the bar association's system of dedicating at-large trustee seats to certain underrepresented groups was discriminatory,, excluding people from other groups from serving in those seats. As a Palestinian Muslim American attorney, Saadeh was excluded from eligibility.
..... Saadeh, the founder of a seven-attorney firm specializing in family law, real estate and criminal defense, is represented by attorney Lindsey McKillop. McKillop said Monday [12/30/2024] that she had three-judge panel to reconsider its ruling, saying it allowed the bar association "to discriminate in furtherance of its stated views on diversity."
..... The bar association maintained that it has the right of "expressive association" - the right to associate and exercise First Amendment freedoms - in support of diversity in the legal profession.
The group was represented by attorney Lawrence Lustberg.
..... "We have worked for many years to ensure we are taking appropriate steps to have a leadership body that reflects the profession we serve," the lawyers' group said in a statement. "One only needs to look around our boardroom to know those steps have worked."
..... The bar association has 49 trustee seats. Eight at-large positions are dedicated for Black, Hispanic,, Asian or Pacific, female and LGBTQ lawyers., as well as lawyers who are disabled or those at least 70 years old.
..... The board also reserves three seats for members of 11 diversity bar associations representing lawyers who are Caribbean, Black, Portuguese, Asian Pacific, Haitian, Hispanic, Korean, female, Muslim and South Asian.
..... The appellate court's decision overturns a 2022 ruling in Saadeh's favor in state Superior Court in Middlesex County.
..... The judge in that case ruled that the bar association had implemented an illegal "quota system" and that "reverse discrimination in the case is obviously identifiable."
..... The motion for reconsideration submitted Monday [12/30/2024] alleges that the judges misapplied the First Amendment to "permanently shield the NJSBA from nondiscrimination liability."
..... It also calls for the court to issue a stay, noting that the bar association does work of "significant public importance," particularly public importance," particularly in vetting and selecting judges and prosecutors.