Allan Marain is a member of the New Jersey Bar. As such, he practices in Municipal Courts, the Superior Court of New Jersey, and the New Jersey Supreme Court. He is a member of the Bar of the United States District Court for the District of New Jersey, the United States Court of Appeals for the Third Circuit, and the United States Court of Appeals for the Federal Circuit. He is a member of the Bar of the Supreme Court of the United States. He is authorized to practice before the United States Internal Revenue Service, the Federal Aviation Administration, and the National Transportation Safety Board.
Between 1989 and 1997, Allan was an Assistant Deputy Public Defender. He was assigned first to their Somerset County Office, then to Middlesex. He appeared in court on a daily basis handling innumerable theft, drug, burglary, sexual assault, arson, kidnapping, and murder cases. He left the Office of the Public Defender and returned to private practice when his Public Defender workload increased to the point where he could no longer give each of his cases the time and attention they needed.
Allan belongs to the New Jersey State Bar Association. He is a past chair of its Criminal Law Section, as well as of its Municipal Court Practice Section. In 2006, he delivered a lecture at the Annual Meeting of the New Jersey State Bar Association concerning Challenging Laboratory Identification of Marijuana in Municipal Court. Law & Politics Magazine, and the publishers of New Jersey Monthly, have included Allan on its list of New Jersey's “Super Lawyers” in six different years. CNBC and other news outlets seek input from him on current legal issues.
Allan is a member of the Legal Committee of NORML (National Organization for Reform of Marijuana Laws). He has attended all of its December legal defense seminars in Key West, Florida, since 2001, except for a family emergency in 2010. He helped found NORML-NJ. He was one of its incorporators. He has served as its Legal Defense Coordinator. He continues to serve as an advisor to the Board of Directors of the Coalition for Medical Marijuana in New Jersey.
Allan belongs to the National Association of Criminal Defense Lawyers (NACDL). For several terms he was a member of the Board of Trustees of the Association of Criminal Defense Lawyers of New Jersey. In October 2009, he gave a presentation to the Association at its annual "Super Saturday" seminar. He completed a three-year term as trustee of the Middlesex County Bar Association. He is on the Middlesex County Assignment Judge's Criminal Lawyers Committee. He has served on the Editorial Advisory Board of James Publishing Incorporated, publisher of Relentless Criminal Cross Examination and numerous other litigation texts. He is a senior instructor on the faculty of Garden State Continuing Legal Education Services. He has been a presenter in its seminars to New Jersey attorneys of "Expungements under New Jersey Law". New Jersey County and local law enforcement agencies have sought his advice concerning application of New Jersey Statutes and Court Rules relating to expungements.The February 2005 "New Jersey Lawyers Magazine," published by the New Jersey State Bar Association, featured Allan's article entitled, "Expungement of Criminal Proceedings." He appears from time to time as a guest lecturer in criminology courses at Rutgers University.
Allan was graduated with honors in 1976 from Seton Hall University School of Law. He passed the New Jersey Bar and was admitted to practice that same year. He has been a guest lecturer at Seton Hall Law School. He has also instructed the Skills and Methods Course in Criminal Law for the New Jersey Institute for Continuing Legal Education. In a 2013 Joint Resolution, the New Jersey Legislature recognized him, stating, “Within all the spheres of his life and work, Allan Marain has established a model to emulate and set a standard of excellence towards which others might strive[.]”Personal Information
Allan lives with his wife Karen in Franklin Township, and in Nutley NJ. Their pure white Persian cats Penny and Jasper, alas, have both gone to that great capnip farm in the sky. Allan's hobbies include reading, mathematics, philosophy, sociology, computers, aviation, movies, and physics. He likes animals and music. He enjoys playing backgammon, bridge, checkers, chess, hearts, monopoly, and scrabble. He is the immediate past president of Compassion and Choices of New Jersey, Inc. (formerly the Hemlock Society of New Jersey). Some of his personal heroes are Marian Anderson, Julian Assange, Harry Belafonte, Leonard Bernstein, Julian Bond, Jackson Browne, Chester Carlson, Rachel Carson, Noam Chomsky, Howard Cosell, Charles Darwin, Dorothy Day, W.E.B. DuBois, Albert Einstein, Daniel Ellsberg, Epicurus, Philo T. Farnsworth, Richard Feynman, Amy Goodman, Woodrow Wilson “Woody” Guthrie, Hugh Hefner, Billie Holiday, Dr. Frances Oldham Kelsey, Rep. Barbara Lee, John Lennon, Lucretius, Patrice Lumumba, Bill Maher, Edward R. Murrow, Natalie Maines, Paul Newman, Louis Pasteur, Michael Ratner, Harold Henry “Pee Wee” Reese, Paul Robeson, Jackie Robinson, Morley Safer, Mario Savio, the Smothers Brothers, Edward Snowden, Crystal Lee Sutton, Officer Edward Thomas, Douglas Tompkins, Mordechai Vanunu, Gore Vidal, Earl Warren, Gary Webb, Jeffrey Wigand, Theodore (“Ted”) Williams, and Howard Zinn.
Allan's readings include both fiction and non-fiction. His non-fiction reading typically relates to the hobbies listed above. Allan's fiction readings include humor, science fiction, and courtroom dramas. His two favorite science fiction authors (now both deceased) are Robert Heinlein and Isaac Asimov. He has also accumulated a motley collection of quotations and irreverencies.
His three favorite courtroom novels are The Caine Mutiny, by Herman Wouk; To Kill a Mockingbird, by Harper Lee; and Anatomy of a Murder, by Robert Traver. John Grisham novels are not among Allan's favorites. He finds too much fantasizing in them. It's not that Allan has anything against fantasizing as such. For example, he's a real Batman fan, and he enjoyed the first three Terminator movies. (He found the fourth to be, to put it charitably, crap.) But what he dislikes is fantasizing in something that tries to present itself as plausible.
As a youngster, Allan spent summers on McGuffey's Friendly Farm, in Accord, New York. Its patriarch was Charles “Charlie” McGuffey. Activities there included swimming, softball, and hayrides. On the farm were typically one or two horses, two or three cows and pigs, roosters and chickens, and various dogs and cats. Now, sixty years later, Allan remains in touch with a couple of the lifelong friends he met there.
Allan has a Commercial Pilot's license and is a Certified Flight Instructor. He has flown both complex and high performance aircraft. His last significant aviation accomplishment was to gain total proficiency with and provide ground instruction for Bendix/King KLN89B and KLN94 Global Positioning Systems (GPS) navigating equipment. Over the years, Allan flew regularly from various airports in New Jersey, including Essex County Airport (CDW), Marlboro (2N8), Princeton (39N) and, most recently, Central Jersey Regional Airport (47N) in Manville; and Double Eagle II Airport (AEG), in Albuquerque, New Mexico. In Spring, 2002, he discontinued flying for a combination of reasons. These reasons included the fact that adequate insurance coverage has become unavailable; the proliferation of regulations and restrictions following the attack on the World Trade Center; and increasing difficulty finding time to fly often enough to maintain a comfortable level of proficiency. Allan looks forward to resuming his flying at some future time.
J.D., Seton Hall Law School, 1976
Graduated Cum Laude
B.A., Rutgers University, 1966
United States District Court for the District of New Jersey, 1976
United States Tax Court, 1980
United States Court of Appeals for the Third Circuit, 1982
United States Court of Appeals for the Federal Circuit, 1982
Association of Criminal Defense Lawyers of New Jersey
Middlesex County Bar Association
Pro Bono Practitioner of the Year award, Middlesex County Bar Association, 2013
State of New Jersey, Department of Corrections, Bureau of Parole, Volunteer in the Volunteers in Parole
Mentor young persons on parole