The Legislative Game-Changer: Senate Bill S2290
Bill Number: Senate Bill S2290 (222nd Legislature, 2026 Session)
Sponsor: Senator John F. McKeon (District 27 - Essex and Passaic)
Status: Pre-filed for introduction in the 2026 Session
Key Provision: Increases mandatory retirement age for Workers' Compensation Judges from 70 to 72 years
Official Bill Text: View on NJ Legislature Website
While seemingly modest—just two additional years—this legislation represents a strategic lifeline for maintaining judicial expertise in New Jersey's Division of Workers' Compensation at a pivotal moment in state history.
Murphy's Judicial Legacy: A Fully Staffed System
Zero Vacancies
Governor Phil Murphy leaves office with an unprecedented achievement: ZERO vacancies in the Division of Workers' Compensation
This remarkable accomplishment stands among Governor Phil Murphy's most significant accomplishments. After eight years of focused judicial appointments, Murphy has delivered what many thought impossible in modern-era New Jersey governance.
The Numbers Tell the Story
According to the Governor's Office (official announcement from January 13, 2026), Murphy's judicial staffing record includes:
- 245 Superior Court judges appointed since January 2018—more than half of the state's 463 Superior Court seats
- 458 total judicial appointments and reappointments, touching nearly all Superior Court seats statewide
- Only 11 Superior Court vacancies remaining—the lowest in more than 20 years
- Zero vacancies in the Division of Workers' Compensation
- Only 3 vacancies in the Office of Administrative Law
As Murphy stated in his final week: "Our Administration is proud to leave the Judiciary nearly fully staffed, ensuring that more New Jerseyans get the justice they deserve in a timely manner."
Critical Context: This accomplishment comes after years of struggle. In 2023, New Jersey faced approximately 60 judicial vacancies, causing severe delays in civil trials, divorce proceedings, business disputes, and workers' compensation claims. Murphy and the Senate worked intensively in his final years to reverse this crisis.
Why S2290 Matters Now: The Sherrill Transition
Governor-elect Mikie Sherrill takes office on January 20, 2026 (tomorrow), inheriting Murphy's achievement of a fully staffed workers' compensation judiciary. However, maintaining this staffing level requires strategic planning.
The Age 70 Cliff
Under current law (N.J.S.A. 34:15-49), Workers' Compensation Judges must retire at age 70. With a fully staffed division, the retirement of even a few experienced judges could create immediate vacancies and backlogs of cases.
S2290 provides a two-year buffer by raising the mandatory retirement age to 72, allowing:
- Institutional knowledge preservation – Experienced judges can mentor newly appointed jurists
- Transition planning – The Sherrill administration gains time to identify and vet qualified replacements
- Workload continuity – Prevents sudden staffing gaps during the gubernatorial transition
- Quality maintenance – Retains judges who have mastered complex workers' compensation law
Political Reality Check
Judicial appointments require Senate confirmation—a process that has historically been contentious and time-consuming in New Jersey. S2290 gives Governor Sherrill breathing room to build relationships with the Senate and navigate the advice-and-consent process without immediate pressure from retirements.
Direct Impact on Workers' Compensation Claims
For injured workers and employers navigating the workers' compensation system, S2290's passage (or failure) will have concrete, immediate consequences:
If S2290 Passes:
- Faster claim resolution – Full judicial staffing means shorter wait times for hearings
- Consistent rulings – Experienced judges provide predictable, well-reasoned decisions
- Efficient case management – Judges familiar with their dockets can move cases more quickly
- Reduced appeals – Seasoned judges make fewer reversible errors
If S2290 Fails:
Warning: Without this legislation, New Jersey could see:
- Sudden judicial vacancies as judges hit the age of 70
- Case backlogs are developing within months
- Delays of 6-12 months or more for hearings
- Pressure on remaining judges is leading to rushed decisions
- Increased litigation costs as cases drag on
Real-World Consequences for Workers
Injured workers depend on timely decisions for critical needs:
- Medical treatment authorization – Delays mean workers suffer without needed care
- Temporary disability benefits – Families struggle financially while cases pend
- Permanent disability determinations – Life-changing decisions require experienced judicial review
- Occupational disease claims – Complex medical evidence demands judicial expertise
According to the NJ Division of Workers' Compensation (rates and statistics), the 2026 maximum weekly benefit for temporary and permanent disability is $1,159. When judicial vacancies delay these determinations, injured workers and their families face financial hardship.
The Broader Context: Judicial Staffing Across All Levels
S2290 doesn't just affect Workers' Compensation Judges. The bill increases the mandatory retirement age from 70 to 72 for:
- Supreme Court Justices (requires constitutional amendment)
- Superior Court Judges (requires constitutional amendment)
- Tax Court Judges
- Administrative Law Judges
- Workers' Compensation Judges
- County Prosecutors
Important Note: The bill has a bifurcated effective date. Changes affecting Supreme Court and Superior Court judges require voter approval of a constitutional amendment. However, the Workers' Compensation Judges provision takes effect immediately upon passage, without requiring a constitutional amendment.
Sherrill's Priorities and S2290's Alignment
Governor-elect Mikie Sherrill has campaigned on making "life easier and more affordable for Garden State families" (official biography). A functional workers' compensation system directly supports this goal by:
- Ensuring injured workers receive timely benefits
- Reducing healthcare costs through efficient dispute resolution
- Supporting small businesses by preventing litigation delays
- Maintaining predictable workers' compensation insurance rates
Sherrill, a former federal prosecutor and Navy helicopter pilot, understands systems management. Inheriting a fully staffed judiciary represents a significant advantage—one worth protecting through legislative action like S2290.
Legislative Path Forward
S2290 faces several hurdles:
- Committee Assignment – Likely referral to Senate Judiciary Committee
- Public Hearing – Stakeholder testimony from bar associations, labor groups, and business organizations
- Senate Vote – Requires majority approval
- Assembly Companion – Needs parallel legislation in the Assembly
- Gubernatorial Signature – Governor Sherrill must sign the bill
Political Dynamics
The bill's sponsor, Senator John F. McKeon (District 27), represents Essex and Passaic counties—Sherrill's home base. This geographic alignment may facilitate coordination with the new administration.
The legislative session that began in January 2024 continues through January 2026, meaning S2290 enters during the transition to the 222nd Legislature. Timing is critical: judges approaching age 70 cannot wait years for legislative action.
Stakeholder Perspectives
For Injured Workers and Advocates:
S2290 represents stability and continuity in a system that affects thousands of New Jersey workers annually. Organizations like the AFL-CIO and workers' rights groups should view this as essential protection against service disruption.
For Employers and Insurers:
Business groups understand that judicial vacancies increase litigation costs and create unpredictability in workers' compensation exposure. The New Jersey Business and Industry Association has historically supported judicial efficiency measures.
For The Legal Community:
The New Jersey State Bar Association and workers' compensation practitioners benefit from experienced judges who understand complex legal and medical issues. Bar associations typically support measures that enhance judicial expertise.
What Happens Without S2290?
History provides cautionary tales. When New Jersey faced 60+ judicial vacancies in 2023, the consequences were severe:
- Civil trials halted in some counties
- Divorce cases delayed for years
- Business disputes unresolved
- Criminal matters receiving priority, pushing civil cases further back
As reported by WHYY in May 2023, Jeralyn Lawrence, president of the New Jersey State Bar Association, noted: "We've been at a sustained level of 50 or more vacancies for years, and we've had the chief tell us we can't have more than 25 or 30."
The Workers' Compensation Division avoided this crisis under Murphy's focused attention. Without S2290, the same cycle could repeat as experienced judges retire.
Conclusion: A Legacy Worth Protecting
Senate Bill S2290 may seem technical—just two additional years of judicial service. But in the context of New Jersey's workers' compensation system, those two years represent:
- Thousands of claims resolved efficiently
- Millions of dollars in benefits delivered on time
- Institutional knowledge preserved and transferred
- Governor Sherrill's ability to maintain Murphy's achievement
As New Jersey inaugurates its 57th governor tomorrow, S2290 offers a rare opportunity: bipartisan support for a measure that helps everyone. Injured workers get faster decisions. Employers get predictable outcomes. Attorneys get experienced judges. And Governor Sherrill inherits a system that works.
The question now is whether the Legislature will act quickly enough to prevent the very crisis that Murphy spent eight years solving. For the 40 Workers' Compensation Judges currently serving New Jersey, and the thousands of injured workers depending on them, S2290 isn't just policy—it's protection.
The bill deserves swift passage. The system Murphy built deserves preservation. And New Jersey's workers deserve nothing less.
Key References & Links
- Official Text of Senate Bill S2290
- Governor's Office: Murphy Administration Celebrates Fewest Judicial Vacancies in Over 20 Years
- Governor-elect Mikie Sherrill Transition Website
- NJ Division of Workers' Compensation Official Website
- Workers' Compensation Rates and Statistics
- Current Law: N.J.S.A. 34:15-49 (Jurisdiction and Judges)
- New Jersey Legislature Official Website
- News Coverage: Murphy's Judicial Legacy
*Jon L. Gelman of Wayne, NJ, is the author of NJ Workers' Compensation Law (West-Thomson-Reuters) and co-author of the national treatise Modern Workers' Compensation Law (West-Thomson-Reuters).
Blog: Workers' Compensation
LinkedIn: JonGelman
LinkedIn Group: Injured Workers Law & Advocacy Group
Author: "Workers' Compensation Law" West-Thomson-Reuters
Mastodon:@gelman@mstdn.social
Blue Sky: jongelman@bsky.social
Substack: https://jongelman.substack.com/
© 2026 Jon L Gelman. All rights reserved.
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