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
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