Case Disposition Conference Order
(former Arraignment/Status Conference Order) - Revisions to
Address Amendments to R. 3:9-1.
May 26,2016
This Supplement to Directive# 6-03 promulgates a new ArraignmenUinitial Case
Disposition Conference Order to be used for indictments filed on or after May 20, 2016.
For indictments filed prior to May 20, 2016, the existing ArraignmenUStatus Conference
Order should continue to be utilized until further notice.
Directive# 6-03, entitled "Implementation of Criminal Division Court Event Forms," originally issued July 22, 2003, promulgated an ArraignmenUStatus Conference Order and a Plea Cut-Off Exception form. Since then the ArraignmenUStatus Conference Order form was revised by Supplements to Directive #6-03 issued on August 20, 20"1 0 and on June 26, 2013. This Supplement, which only addresses the form order, not the Plea Cut- Off Exception Form, reissues the June 26, 2013 form order (for use with indictments filed prior to May 20, 2016) (Attachment B) and promulgates the new form order (for use with indictments filed on or after May 20, 2016) (Attachment A).
The Supreme Court, on the recommendation of the Criminal Practice Committee, amended R. 3:9-1, effective May 20, 2016, to change post-indictment procedures for indictments filed on or after that date. Specifically, the prearraignment conference has been eliminated and certain procedures from that conference have been incorporated in the procedures governing the arraignment. SeeR. 3:9-1 (b). New paragraph (e) of R. 3:9- 1 limits the number of status conferences to two, with a third conference available on a showing of good cause and in the judge's discretion. The three conferences are the Initial Case Disposition Conference (ICDC), the Final Case Disposition Conference (FCDC), and the Discretionary Case Disposition Conference (DCDC).
A. Indictments Filed Prior to May 20, 2016
Because the amendments toR. 3:9-1 became effective May 20, 2016, the existing Richard J. Hughes Justice Complex· PO Box 037 · Trenton, New Jersey 08625-0037
Directive# 6-03, entitled "Implementation of Criminal Division Court Event Forms," originally issued July 22, 2003, promulgated an ArraignmenUStatus Conference Order and a Plea Cut-Off Exception form. Since then the ArraignmenUStatus Conference Order form was revised by Supplements to Directive #6-03 issued on August 20, 20"1 0 and on June 26, 2013. This Supplement, which only addresses the form order, not the Plea Cut- Off Exception Form, reissues the June 26, 2013 form order (for use with indictments filed prior to May 20, 2016) (Attachment B) and promulgates the new form order (for use with indictments filed on or after May 20, 2016) (Attachment A).
The Supreme Court, on the recommendation of the Criminal Practice Committee, amended R. 3:9-1, effective May 20, 2016, to change post-indictment procedures for indictments filed on or after that date. Specifically, the prearraignment conference has been eliminated and certain procedures from that conference have been incorporated in the procedures governing the arraignment. SeeR. 3:9-1 (b). New paragraph (e) of R. 3:9- 1 limits the number of status conferences to two, with a third conference available on a showing of good cause and in the judge's discretion. The three conferences are the Initial Case Disposition Conference (ICDC), the Final Case Disposition Conference (FCDC), and the Discretionary Case Disposition Conference (DCDC).
A. Indictments Filed Prior to May 20, 2016
Because the amendments toR. 3:9-1 became effective May 20, 2016, the existing Richard J. Hughes Justice Complex· PO Box 037 · Trenton, New Jersey 08625-0037
Arraignment/Status Conference Order (Attachment B) should continue to be used for
indictments filed prior to that date, until further notice.
B. Indictments Filed On or After May 20, 2016
The Arraignment/Initial Case Disposition Conference Order (Attachment A), which has been approved by the Conference of Criminal Presiding Judges and the Conference of Criminal Division Managers, should be used for indictments filed on or after May 20, 2016. This order has been modified to conform with the changes toR. 3:9-1. Specifically, references to the "arraignment/status conference" on the first page have been updated to specify the "Arraignment" and the "Initial Case Disposition Conference," and the three options for the status conferences have been listed in paragraph 8 on page 2.
In advance of the criminal justice reform requirements, effective January 1, 2017, the order includes "monetary" bail and "pretrial release" in the defendant status options on the first page, and forfeiture of "monetary" bail is now referenced in the statement on the consequences for failure to appear on page 2. Additionally, the Conferences agreed that a question should be added to this form due to the defendant's criminal record being such a fundamental component of this reform. Therefore, paragraph 10 requires confirmation by the State that a defendant has been fingerprinted and the case is properly reflected on his or her criminal history (Computerized Criminal History (CCH)).
Paragraph 7a has been changed from an advisory statement into a direct question by the court to ensure that defense counsel has discussed with the defendant the issues raised by State v. Nunez-Valdez, 200 N.J. 129 (2009), i.e., his or her immigration status and the potential consequences of a guilty plea or conviction, including the right to seek legal advice regarding their immigration status. Place of birth was also added in this question to assist in compliance with Nunez-Valdez.
Paragraph 7b was modified into a direct question to ensure that defense counsel has taken affirmative steps to discuss drug court with the defendant, and includes references to both mandatory and voluntary drug court pursuant to N.J.S.A. 2C:35-14.2 and 2C:35-14, respectively.
Former Paragraph 9, which required cases to be scheduled for trial immediately after disposition of dispositive motions, has been removed from the form. The plea cut off date (former Paragraph 8) has been moved to Paragraph 9, after the options for the status conference dates for a more practical flow.
Judges should also be mindful at the Initial Case Disposition Conference to address specific issues and motions that could lead to interruptions in case processing, such as those that may require ordering psychiatric examinations. Further, while the pretrial intervention program (PTI) is not included in this form order, confirmation should be sought as to whether the defendant was advised of the PTI program and that, if applicable, the application was filed.
Again, the Arraignment/Initial Case Disposition Conference Order (Attachment A) should be used for indictments filed on or after May 20, 2016. For indictments filed prior
B. Indictments Filed On or After May 20, 2016
The Arraignment/Initial Case Disposition Conference Order (Attachment A), which has been approved by the Conference of Criminal Presiding Judges and the Conference of Criminal Division Managers, should be used for indictments filed on or after May 20, 2016. This order has been modified to conform with the changes toR. 3:9-1. Specifically, references to the "arraignment/status conference" on the first page have been updated to specify the "Arraignment" and the "Initial Case Disposition Conference," and the three options for the status conferences have been listed in paragraph 8 on page 2.
In advance of the criminal justice reform requirements, effective January 1, 2017, the order includes "monetary" bail and "pretrial release" in the defendant status options on the first page, and forfeiture of "monetary" bail is now referenced in the statement on the consequences for failure to appear on page 2. Additionally, the Conferences agreed that a question should be added to this form due to the defendant's criminal record being such a fundamental component of this reform. Therefore, paragraph 10 requires confirmation by the State that a defendant has been fingerprinted and the case is properly reflected on his or her criminal history (Computerized Criminal History (CCH)).
Paragraph 7a has been changed from an advisory statement into a direct question by the court to ensure that defense counsel has discussed with the defendant the issues raised by State v. Nunez-Valdez, 200 N.J. 129 (2009), i.e., his or her immigration status and the potential consequences of a guilty plea or conviction, including the right to seek legal advice regarding their immigration status. Place of birth was also added in this question to assist in compliance with Nunez-Valdez.
Paragraph 7b was modified into a direct question to ensure that defense counsel has taken affirmative steps to discuss drug court with the defendant, and includes references to both mandatory and voluntary drug court pursuant to N.J.S.A. 2C:35-14.2 and 2C:35-14, respectively.
Former Paragraph 9, which required cases to be scheduled for trial immediately after disposition of dispositive motions, has been removed from the form. The plea cut off date (former Paragraph 8) has been moved to Paragraph 9, after the options for the status conference dates for a more practical flow.
Judges should also be mindful at the Initial Case Disposition Conference to address specific issues and motions that could lead to interruptions in case processing, such as those that may require ordering psychiatric examinations. Further, while the pretrial intervention program (PTI) is not included in this form order, confirmation should be sought as to whether the defendant was advised of the PTI program and that, if applicable, the application was filed.
Again, the Arraignment/Initial Case Disposition Conference Order (Attachment A) should be used for indictments filed on or after May 20, 2016. For indictments filed prior
to May 20, 2016, the existing Arraignment/Status Conference order (Attachment B)
should continue to be used until further notice.
source http://www.judiciary.state.nj.us/notices/2016/n160531a.pdf
source http://www.judiciary.state.nj.us/notices/2016/n160531a.pdf
