Jan 2, 2025 Story by: Editor
The New Jersey State Bar Association (NJSBA) has retained its diversity program after an appellate court ruled that the initiative is protected under the First Amendment. This decision comes following a lawsuit alleging “reverse discrimination” against the program.
On December 20, the Superior Court of New Jersey’s Appellate Division ruled against attorney Rajeh Saadeh, who argued that the diversity program violated the New Jersey Law Against Discrimination.
Lawsuit Details
Rajeh Saadeh, a Palestinian Muslim American attorney based in Bridgewater, filed his lawsuit in 2021. He contended that the bar association’s policy of reserving at-large trustee seats for specific underrepresented groups discriminated against individuals from other groups, thereby excluding him from eligibility.
Saadeh, the founder of a seven-attorney firm specializing in family law, real estate, and criminal defense, is represented by attorney Lindsay McKillop. On Monday, McKillop filed a motion requesting the three-judge panel to reconsider its ruling, stating that it permits the bar association “to discriminate in furtherance of its stated views on diversity.”
Defense of Diversity
The NJSBA defended its program, asserting that its actions are protected by the right of “expressive association” under the First Amendment, which allows organizations to associate and express their values freely. The bar association, represented by attorney Lawrence Lustberg, emphasized its commitment to promoting diversity within the legal profession.
“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 NJSBA said in a statement. “One only needs to look around our boardroom to know those steps have worked.”
The NJSBA’s leadership structure includes 49 trustee seats, eight of which are designated for lawyers from underrepresented groups, including Black, Hispanic, Asian or Pacific Islander, female, disabled attorneys, and those aged 70 or older. Additionally, three seats are reserved for representatives of 11 diversity-focused bar associations, including those for Caribbean, Black, Portuguese, Haitian, South Asian, and Muslim attorneys.
Overturned Ruling
The appellate court’s decision reversed a 2022 ruling by a Middlesex County Superior Court judge, who had deemed the bar association’s policy an illegal “quota system,” labeling the alleged reverse discrimination as “obviously identifiable.”
McKillop’s motion for reconsideration argued that the appellate court misapplied the First Amendment to shield the NJSBA from liability under anti-discrimination laws. The motion also requested a stay, citing the bar association’s critical role in vetting and selecting judges and prosecutors — work of “significant public importance.” Source: North Jersey
