Criminal -Case Disposition Conference Order (former Arraignment/Status Conference Order)

 Criminal -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 Arraignmen/initial 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 Arraignmen-Status 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 Arraignmen-Status Conference Order and a Plea Cut-Off Exception form. Since then the Arraignment-Status 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. See R. 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 to R. 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 to R. 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. Any questions or comments regarding this Supplement may be directed to the Criminal Practice Division at 609-292-4638.

Attachments (Arraignmen-initial Case Disposition Conference Order and Arraignment-Status Conference Order)

cc: Chief Justice Stuart Rabner 
Steven D. Bonville, Chief of Staff
AOC Directors and Assistant Directors
 Melaney S. Payne, Special Assistant
Ann Marie Fleury, Special Assistant
Trial Court Administrators
Criminal Division Managers
Sue Callaghan, Chief, Criminal Practice
Maria Pogue, Assistant Chief, Criminal Practice

ATTACHMENT A
Arraignment/Initial Case Disposition Conference Order For Use with Indictments Filed on or After May 20, 2016

(To be executed on day of Arraignment/Initial Case Disposition Conference)

State of New Jersey

vs.

(Defendant)

~In-d~i-ct~m-e-n~t7N~u-m-b~e-r_:_ _ _ _ _ _ _ _ _ _

0 Monetary Bail Arraignment date:- - - - - - 20

Initial Case Disposition Conference (!CDC) date: _ _ _ _ _ _ _ _ , 20 As a result thereof, it is hereby ORDERED:

Status: 0 Jail

0 Pretrial Release

1. Plea Offer:

2. Discovery:

Terms of plea agreement offered by the State:

State: 0 All Discovery has been provided.
0 The following Discovery is to be provided:

Defense: 0 No Discovery has been provided. 0 All Discovery has been provided.

0 The following Discovery is to be provided:

All Discovery shall be completed no later than 20

3  C o - Defendant Status:

4  Motion: With the exception of Sands/Brunson, all Dispositive motions shall be heard prior to the imposition of the plea cutoff and execution of the Trial Memo. 
Dispositive Motions: 
Non-Dispositive Motions:

Form Promulgated on 05/26/2016 by Supplement to Directive #6-03 (07/22/2003), CN: 12030

page I of2

Superior Court of New Jersey Law Division, Criminal Part

Vicinage Prosecutor's Number_:_____________________

(Check appropriate event)
0 Arraignment/ 0 Initial Case Disposition Conference Order

5. All motions must be filed no later than 20 The State's brief must be filed no later than 20

The Defense brief must be filed no later than

20

6. Hearings on motions in this case shall be conducted as follows:
Dispositive Motions-on 20 at ____AM or____PM

Non Dispositive Motions
immediately before trial on =-20:___at _ _ _ AM or _ _ _ PM

7a. Did defense counsel discuss with the defendant his/her immigration status, the potential consequences of a guilty plea or conviction and his/her right to seek legal advice on his/her immigration status. (State v. Nunez-Valdez, 200 N.J. 129 (2009))?

Place of Birth _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

7b. Did defense counsel discuss with the defendant whether he/she is mandated for sentencing to drug court pursuant to N.J.S.A. 2C:35-14.2 or wishes to voluntarily apply for drug court pursuant to N.J.S.A. 2C:35-14?

0 Yes

0 Yes

0 No

0 No

8. The parties shall next appear and be ready for the Initial Case Disposition Conference on:

20

20

Final Case Disposition Conference on:
Discretionary Case Disposition Conference on: _ _ _ _ _ _ _ _ , _2_0_ _

9. Plea Cut Off Date:

20

10. The State confirms that the defendant has been fingerprinted and the case is properly reflected on the defendant's criminal history (CCH).

D Y e s

D No

A Failure to Appear on the Date and Time Specified Herein Will Result in the Issuance of a Bench W arrant and the Forfeiture of Monetary Bail.

11. Other:

Prosecutor (print name)

Signature

Original: Court File Pink: Prosecutor
Form Promulgated on 05/26/2016 by Supplement to Directive #6-03 (07/22/2003), CN: 12030

Gold: Defense Counsel

Copy: Criminal Division

Defense Counsel (print name)

Signature

Honorable

,J.S.C.

page 2 of2

ATTACHMENT 8 Arraignment/Status Conference Order
For Use with Indictments Filed Before May 20, 2016

SUPERIOR COURT OF NEW JERSEY, LA W DIVISION, CRIMINAL P ART,.,---_ _ _ _ _ VICINAGE

(To be executed on day of Arraignment/Status Conference)

STATE OF NEW JERSEY INDICTMENT NO. ____________________ vs. PROS. NO. _________________________

(Defendant)
Status: Jail Bail_______

ARRAIGNMENT/STATUS CONFERENCE ORDER

An arraignment/status conference was held on _ _ _ _ _ _ _ _ _ _ _ _ , 20____. As a result thereof, it is hereby ORDERED:

1.

2.

PLEA OFFER: Terms of plea agreement offered by the State: _ _ _ _ _ _ _ _ _ _ __

DISCOVERY: STATE D All Discovery has been provided.
D The following Discovery is to be provided: _ _ _ _ _ _

DEFENSE D No Discovery has been provided. D All Discovery has been provided.

D The following Discovery is to be provided: _ _ _ _ __

All Discovery shall be completed no later than _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, 20 ___

CO-DEFENDANTST A TUS:

MOTION: With the exception of Sands/Brunson, all DISPOSITIVE motions shall be heard prior to the imposition of the plea cutoff and execution of the TRIAL MEMO.

Dispositive Motions: ____________________________ Non-Dispositive Motions: __________________________

3.

4.

5.

All motions must be filed no later than
The State's brief must be filed no later than

-------------------------' 20___

Revised form o f order promulgated by June 26, 2013 Supplement to Directive # 6-03 (CN 11427)

source: http://www.judiciary.state.nj.us/notices/2016/n160531a.pdf

39:3-40 Penalties for driving while license suspended NJ

39:3-40  No person to whom a driver's license has been refused or whose driver's license or reciprocity privilege has been suspended or revoked, or who has been prohibited from obtaining a driver's license, shall personally operate a motor vehicle during the period of refusal, suspension, revocation, or prohibition.

No person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor vehicle during the period of such revocation.

Except as provided in subsections i. and j. of this section, a person violating this section shall be subject to the following penalties:

a.Upon conviction for a first offense, a fine of $500.00 and, if that offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);

b.Upon conviction for a second offense, a fine of $750.00, imprisonment in the county jail for at least one but not more than five days and, if the second offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended and that second offense occurs within five years of a conviction for that same offense, revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);

c.Upon conviction for a third offense or subsequent offense, a fine of $1,000.00 and imprisonment in the county jail for 10 days. If the third or a subsequent offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended and the third or subsequent offense occurs within five years of a conviction for the same offense, revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);

d.Upon conviction, the court shall impose or extend a period of suspension not to exceed six months;

e.Upon conviction, the court shall impose a period of imprisonment for not less than 45 days or more than 180 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in bodily injury to another person;

f. (1) In addition to any penalty imposed under the provisions of subsections a. through e. of this section, any person violating this section while under suspension issued pursuant to section 2 of P.L.1972, c.197 (C.39:6B-2), upon conviction, shall be fined $500.00, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be imprisoned in the county jail for not more than 90 days.

(2)In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraph (1) of this subsection, any person violating this section under suspension issued pursuant to R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a) or P.L.1982, c.85 (C.39:5-30a et seq.), shall be fined $500, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, and shall be imprisoned in the county jail for not less than 10 days or more than 90 days.

(3)In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraphs (1) and (2) of this subsection, a person shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, which period shall commence upon the completion of any prison sentence imposed upon that person, shall be fined $500 and shall be imprisoned for a period of 60 to 90 days for a first offense, imprisoned for a period of 120 to 150 days for a second offense, and imprisoned for 180 days for a third or subsequent offense, for operating a motor vehicle while in violation of paragraph (2) of this subsection while:

(a)on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(b)driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(c)driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph.

It shall not be relevant to the imposition of sentence pursuant to subparagraph (a) or (b) of this paragraph that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing.  Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session;

g.(Deleted by amendment, P.L.2009, c.224);

h.A person who owns or leases a motor vehicle and permits another to operate the motor vehicle commits a violation and is subject to suspension of his license to operate a motor vehicle and to revocation of registration pursuant to sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5) if the person: 

(1)Knows that the operator's license or reciprocity privilege to operate a motor vehicle has been suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a); or

(2)Knows that the operator's license or reciprocity privilege to operate a motor vehicle is suspended and that the operator has been convicted, within the past five years, of operating a vehicle while the person's license was suspended or revoked.

In any case where a person who owns or leases a motor vehicle knows that the operator's license or reciprocity privilege of the person he permits to operate the motor vehicle is suspended or revoked for any violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the person also shall be subject to the following penalties: for a first or second offense, a fine of $1,000, imprisonment for not more than 15 days, or both; and for a third or subsequent offense, a fine of $1,000, imprisonment for not more than 15 days, or both, and forfeiture of the right to operate a motor vehicle over the highways of this State for a period of 90 days;

i.If the violator's driver's license to operate a motor vehicle has been suspended pursuant to section 9 of P.L.1985, c.14 (C.39:4-139.10) or for failure to comply with a time payment order, the violator shall be subject to a maximum fine of $100 upon proof that the violator has paid all fines and other assessments related to the parking violation that were the subject of the Order of Suspension, or if the violator makes sufficient payments to become current with respect to payment obligations under the time payment order;

j.If a person is convicted for a second or subsequent violation of this section and the second or subsequent offense involves a motor vehicle moving violation, the term of imprisonment for the second or subsequent offense shall be 10 days longer than the term of imprisonment imposed for the previous offense.

For the purposes of this subsection, a "motor vehicle moving violation" means any violation of the motor vehicle laws of this State for which motor vehicle points are assessed by the chief administrator pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).