Wednesday, February 26, 2020

7:2-2. Issuance of Complaint-Warrant (CDR-2) or Summons

7:2-2. Issuance of Complaint-Warrant (CDR-2) or Summons

(a) Probable Cause.

(1) Finding of Probable Cause. A finding of probable cause by a judicial officer
that an offense was committed and that the defendant committed it must be made
before issuance of a Complaint-Warrant (CDR-2) or a summons except as provided in
paragraphs (a)(3) and (a)(4). The Complaint-Warrant (CDR-2) or summons may be
issued only if it appears to the judicial officer from the complaint, affidavit, certification or
testimony that there is probable cause to believe that an offense was committed and the
defendant committed it. The judicial officer’s finding of probable cause shall be noted on
the face of the Complaint-Warrant (CDR-2) or summons and shall be confirmed by the
judicial officer’s signature issuing the Complaint-Warrant (CDR-2) or summons.

(2) Finding of No Probable Cause. If the municipal court administrator or deputy
court administrator finds that no probable cause exists to issue a Complaint-Warrant
(CDR-2) or summons, or that the applicable statutory time limitation to issue the
Complaint-Warrant (CDR-2) or summons has expired, that finding shall be reviewed by
the judge. A judge finding no probable cause to believe that an offense occurred or that
the statutory time limitation to issue a Complaint-Warrant (CDR-2) or a summons has
expired shall not issue the Complaint-Warrant (CDR-2) or summons.

(3) Complaint by Law Enforcement Officer or Other Statutorily Authorized
Person. A summons on a complaint made by a law enforcement officer charging any
offense may be issued by a law enforcement officer or by any person authorized to do
so by statute without a finding by a judicial officer of probable cause for issuance. A law
enforcement officer may personally serve the summons on the defendant without
making a custodial arrest.

(4) Complaint by Code Enforcement Officer. A summons on a complaint made by
a Code Enforcement Officer charging any offense within the scope of the Code
Enforcement Officer’s authority and territorial jurisdiction may be issued without a
finding by a judicial officer of probable cause for issuance. A Code Enforcement Officer
may personally serve the summons on the defendant. Otherwise, service shall be in
accordance with these rules. For purposes of this rule, a “Code Enforcement Officer” is
a public employee who is responsible for enforcing the provisions of any state, county or
municipal law, ordinance or regulation which the public employee is empowered to
enforce.

(b) Authorization for Process of Citizen Complaints.

(1) Issuance of a Citizen Complaint Charging Disorderly Persons Offense, Petty
Disorderly Persons Offense, or Any Other Matter within the Jurisdiction of the Municipal
Court. A Complaint-Warrant (CDR-2) or a summons charging a disorderly persons
offense, petty disorderly persons offense or any other matter within the jurisdiction of
the municipal court, as set forth in N.J.S.A. 2B:12-17 and R. 7:1, made by a private
citizen may be issued only by a judge or, if authorized by the judge, by a municipal court
administrator or deputy court administrator of a court with jurisdiction in the municipality
where the offense is alleged to have been committed within the statutory time limitation.

(2) County Prosecutor Review of Citizen Complaints Charging Disorderly
Persons Offenses. Prior to a finding of probable cause and issuance of a ComplaintWarrant
(CDR-2) or a summons charging a disorderly persons offense made by a
private citizen against a candidate or nominee for public office or a person holding
public office as defined in N.J.S.A. 19:1-1, the Complaint-Warrant (CDR-2) or summons
shall be reviewed by a county prosecutor for approval or denial. Prior to approval, the
prosecutor has the authority to modify the charge. If the prosecutor approves the citizen
complaint charging a disorderly persons offense, the prosecutor shall indicate this
decision on the complaint and submit it to a judicial officer who will determine if probable
cause exists and whether to issue a Complaint-Warrant (CDR-2) or summons in the
Judiciary’s computerized system used to generate complaints. If the prosecutor denies
the citizen complaint charging a disorderly persons offense, the prosecutor shall report
the denial and the basis therefor to the Assignment Judge on the record or in writing
and shall notify the citizen complainant and the defendant. The absence of approval or
denial within the timeframe set forth in R. 7:2-2(b)(6) shall be deemed as not objecting
to the citizen complaint. The citizen complaint charging a disorderly persons offense
shall be reviewed by the judicial officer for a probable cause finding.

(3) Issuance of a Citizen Complaint Charging Indictable Offenses. A ComplaintWarrant
(CDR-2) or a Complaint-Summons (CDR-1) charging any indictable offense
made by a private citizen may be issued only by a judge.

(4) County Prosecutor Review of Citizen Complaints Charging Indictable
Offenses. Prior to a finding of probable cause and issuance of a Complaint-Warrant
(CDR-2) or a Complaint-Summons (CDR-1) charging any indictable offense made by a
private citizen against any individual, the Complaint-Warrant (CDR-2) or ComplaintSummons
(CDR-1) shall be reviewed by a county prosecutor for approval or denial.
Prior to approval, the prosecutor has the authority to modify the charge. If the
prosecutor approves the citizen complaint charging an indictable offense, the prosecutor
shall indicate this decision on the complaint and submit it to a judge who will determine
if probable cause exists and whether to issue a Complaint-Warrant (CDR-2) or a
Complaint-Summons (CDR-1) in the Judiciary’s computerized system used to generate
complaints. If the prosecutor denies the citizen complaint charging an indictable
offense, the prosecutor shall report the denial and the basis therefor to the Assignment
Judge on the record or in writing and shall notify the citizen complainant and the
defendant. The absence of approval or denial within the timeframe set forth in R. 7:2-
2(b)(6) shall be deemed as not objecting to the citizen complaint. The citizen complaint
charging an indictable offense shall be reviewed by the judge for a probable cause
finding.

(5) Probable Cause Findings - Citizen Complaints. The Complaint-Warrant
(CDR-2) or summons charging: (i) a disorderly persons offense, petty disorderly
persons offense or any other matter within the jurisdiction of the municipal court, as set
forth in N.J.S.A. 2B:12-17 and R. 7:1, made by a private citizen may be issued by a
judicial officer pursuant to (b)(1) of this rule, or (ii) any indictable offense made by a
private citizen may be issued by a judge pursuant to (b)(3) of this rule, only if it appears
from the complaint, affidavit, certification or testimony that there is probable cause to
believe that an offense was committed and the defendant committed it. The judicial
officer’s finding of probable cause shall be noted on the face of the Complaint-Warrant
(CDR-2) or summons and shall be confirmed by the judicial officer’s signature issuing
the Complaint-Warrant (CDR-2) or summons.

(6) Period of Time for County Prosecutor Review of Citizen Complaints Charging
Disorderly Persons and Indictable Offenses. The county prosecutor shall review citizen
complaints pursuant to R. 7:2-2(b)(2), 7:2-2(b)(4), and R. 3:2-1(a)(2) within a period of
no more than forty-five calendar days following receipt of the citizen complaint in the
Judiciary’s computerized system used to generate complaints. The prosecutor may
apply to the court to extend the period of review upon a showing of good cause for
additional periods of time no greater than ten calendar days each.

(c) Issuance of a Complaint-Warrant (CDR-2) or Summons

(1) Issuance of a Summons. A summons may be issued on a complaint
only if:

(i) a judge, authorized municipal court administrator or authorized
deputy municipal court administrator (judicial officer) finds from the complaint or an
accompanying affidavit or deposition, that there is probable cause to believe that an
offense was committed and that the defendant committed it and notes that finding on
the summons; or

(ii) the law enforcement officer or code enforcement officer who
made the complaint, issues the summons.

(2) Issuance of a Complaint-Warrant (CDR-2). A Complaint-Warrant
(CDR-2) may be issued only if:

(i) a judicial officer finds from the complaint or an accompanying
affidavit or deposition, that there is probable cause to believe that an offense was
committed and that the defendant committed it and notes that finding on the ComplaintWarrant
(CDR-2); and

(ii) a judicial officer finds that subsection (f) of this rule allows a
Complaint-Warrant (CDR-2) rather than a summons to be issued.

(d) Indictable Offenses. Complaints involving indictable offenses are governed
by the Part III Rules, which address mandatory and presumed warrants for certain
indictable offenses in Rule 3:3-1(e), (f).

(e) Offenses Where Issuance of a Summons is Presumed. A summons
rather than a Complaint-Warrant (CDR-2) shall be issued unless issuance of a
Complaint-Warrant (CDR-2) is authorized pursuant to paragraph (f) of this rule.

(f) Grounds for Overcoming the Presumption of Issuance of Summons.
Regarding a defendant charged on matters in which a summons is presumed, when a
law enforcement officer does not issue a summons, but requests, in accordance with
guidelines issued by the Attorney General pursuant to N.J.S.A. 2A:162-16, the issuance
of a Complaint-Warrant (CDR-2), the judicial officer may issue a Complaint-Warrant
(CDR-2) when the judicial officer finds that there is probable cause to believe that the
defendant committed the offense, and the judicial officer has reason to believe, based
on one or more of the following factors, that a Complaint-Warrant (CDR-2) is needed to
reasonably assure a defendant’s appearance in court when required, to protect the
safety of any other person or the community, or to assure that the defendant will not
obstruct or attempt to obstruct the criminal justice process:

(1) the defendant has been served with a summons for any prior
indictable offense and has failed to appear;

(2) there is reason to believe that the defendant is dangerous to self or
will pose a danger to the safety of any other person or the community if released on a
summons;

(3) there is one or more outstanding warrants for the defendant;

(4) the defendant’s identity or address is not known and a warrant is
necessary to subject the defendant to the jurisdiction of the court;

(5) there is reason to believe that the defendant will obstruct or attempt to
obstruct the criminal justice process if released on a summons;

(6) there is reason to believe that the defendant will not appear in
response to a summons;

(7) there is reason to believe that the monitoring of pretrial release
conditions by the pretrial services program established pursuant to N.J.S.A. 2A:162-25
is necessary to protect any victim, witness, other specified person, or the community.
The judicial officer shall consider the results of any available preliminary public
safety assessment using a risk assessment instrument approved by the Administrative
Director of the Courts pursuant to N.J.S.A. 2A:162-25, and shall also consider, when
such information is available, whether within the preceding ten years the defendant as a
juvenile was adjudicated delinquent for a crime involving a firearm, or a crime that if
committed by an adult would be subject to the No Early Release Act (N.J.S.A. 2C:43-
7.2), or an attempt to commit any of the foregoing offenses. The judicial officer shall
also consider any additional relevant information provided by the law enforcement
officer or prosecutor applying for a Complaint-Warrant (CDR-2).

(g) Charges Against Corporations, Partnerships, Unincorporated
Associations. A summons rather than a Complaint-Warrant (CDR-2) shall issue if the
defendant is a corporation, partnership, or unincorporated association.

(h) Failure to Appear After Summons. If a defendant who has been served
with a summons fails to appear on the return date, a bench warrant may issue pursuant
to law and Rule 7:8-9 (Procedures on Failure to Appear). If a corporation, partnership or
unincorporated association has been served with a summons and has failed to appear
on the return date, the court shall proceed as if the entity had appeared and entered a
plea of not guilty.

(i) Additional Complaint-Warrants (CDR-2) or Summonses. More than one
Complaint-Warrant (CDR-2) or summons may issue on the same complaint.

(j) Identification Procedures. If a summons has been issued or a ComplaintWarrant
(CDR-2) executed on a complaint charging either the offense of shoplifting or
prostitution or on a complaint charging any non-indictable offense where the identity of
the person charged is in question, the defendant shall submit to the identification
procedures prescribed by N.J.S.A. 53:1-15. Upon the defendant's refusal to submit to
any required identification procedures, the court may issue a Complaint-Warrant (CDR2).

Note: Source - R. (1969) 7:2, 7:3-1, 3:3-1. Adopted October 6, 1997 to be effective February 1, 1998;
paragraphs (b) and (c) amended July 10, 1998 to be effective September 1, 1998; paragraph (a)(1)
amended July 5, 2000 to be effective September 5, 2000; paragraph (a)(1) amended, new paragraph
(b)(5) added, and former paragraph (b)(5) redesignated as paragraph (b)(6) July 12, 2002 to be effective September 3, 2002; paragraph (a)(1) amended, and paragraph (a)(2) caption and text amended July 28, 2004 to be effective September 1, 2004; paragraph (a)(1) amended and new paragraph (a)(3) adopted July 16, 2009 to be effective September 1, 2009; caption amended, paragraph (a)(1) amended, former paragraph (b) deleted, new paragraphs (b), (c), (d), (e), (f) adopted, former paragraph (c) amended and redesignated as paragraph (g), former paragraph (d) caption and text amended and redesignated as paragraph (h), and former paragraph (e) amended and redesignated as paragraph (i) August 30, 2016 to be effective January 1, 2017; new paragraph (a) caption adopted, new subparagraphs (a)(1) and (a)(2) adopted, former paragraph (a) redesignated as paragraph (b) and caption amended, former subparagraph (a)(1) redesignated as subparagraph (b)(1) and caption and text amended, former subparagraphs (a)(2) and (a)(3) redesignated as subparagraphs (a)(3) and (a)(4), new subparagraphs (b)(2), (b)(3), (b)(4), (b)(5), and (b)(6) adopted, former paragraph (b) redesignated as paragraph (c) and amended, former paragraph (c) redesignated as paragraph (d), former paragraphs (d) and (e) redesignated as paragraphs (e) and (f) and amended, former paragraphs (f) and (g) redesignated as paragraphs (g) and (h), former paragraph (h) redesignated as paragraph (i) and caption amended, former paragraph (i) redesignated as paragraph (j) August 2, 2019 to be effective October 1, 2019, effective date extended to January 1, 2020 pursuant to Court order dated September 25, 2019.

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