E584 1 What gives the Governor the power to close stores? 2. Sign a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE now 3. When Municipal courts re open, Municipal Court Defense by Certification Rule 7:12-3 relaxed andincreases ability for attorney to appear on your behalf without you going to court.

E584

1 What gives the Governor the power to close stores?

2. Sign a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE now

3. When Municipal courts re open, Municipal Court Defense by Certification Rule 7:12-3 relaxed andincreases ability for attorney to appear on your behalf without you going to court.  

1. I was wondering what gives the Governor authority to do anything without Senate approval.

I researched What gives the Governor the power to close stores, gyms, bars, VFW, Elks club, cancel weddings, running events, etc and impose restrictions in Executive Order 103. Well, he does have the power in an emergency.

   Here are some of the statutes that were invoked:

Disaster Control Act

App.A:9-33 .  

https://www.facebook.com/kenneth.vercammen/posts/10157760951235485

2. Sign a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE now

In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself. 

You will provide instructions concerning your health care preferences and wishes to your health care representative and others who will be entrusted with responsibility for your care, such as your physician, family members and friends. 

All States have declared that competent adults have the fundamental right in collaboration with their health care providers, to control decisions about their own health care. States recognize in their law and public policy, the personal right of the individual patient to make voluntary, informed choices to accept, to reject or to choose among alternative courses of medical and surgical treatment.

WHY LIVING WILLS AND ADVANCE DIRECTIVE

Modern advances in science and medicine have made possible the prolongation of the lives of many seriously ill individuals, without always offering realistic prospects for improvement or cure. For some individuals the possibility of extended life is experienced as meaningful and of benefit. For others, artificial prolongation of life may seem to provide nothing medically necessary or beneficial, serving only to extend suffering and prolong the dying process. States recognize the inherent dignity and value of human life and within this context recognize the fundamental right of individuals to make health care decisions to have life-prolonging medical or surgical means or procedures provided, withheld, or withdrawn.

States recognize the right of competent adults to plan ahead for health care decisions through the execution of advance directives, such as Living Wills and durable powers of attorney, and to have their wishes respected, subject to certain limitations.

PURPOSE OF LIVING WILLS AND ADVANCE DIRECTIVE

In order to assure respect for patients previously expressed wishes when the capacity to participate actively in decision making has been lost or impaired; to facilitate and encourage a sound decision making process in which patients, health care representatives, families, physicians, and other health care professionals are active participants; to properly consider patients interests both in self-determination and in well-being; and to provide necessary and appropriate safeguards concerning the termination of life-sustaining treatment for incompetent patients as the law and public policy of this State, the Legislatures have enacted Living Will/ Advance Directives for Health Care Acts. Source ABA’s book “Wills and Estate Administration”

http://shop.americanbar.org/eBus/Store/ProductDetails.aspx?productId=224827061

ADVANCE DIRECTIVE

1.  Can my healthcare representative make decisions for me if I am still able to make my own decisions? Answer: No, your healthcare representative can only make decisions for you if your physician has evaluated you and determined that you are unable to understand your diagnosis, treatment options or the possible benefits and harms of the treatment options.

2.  Can having an advance directive affect my life insurance, health insurance or the benefits I receive from a governmental benefits program?Answer: No. 

3.  Can my life insurance company, health insurance company, physician, hospital, nursing home or any other healthcare facility require me to have an advance directive?Answer: No. 

4.  Does New Jersey recognize an advance directive that is valid in another state?Answer: Yes. 

5.  What is the definition of "life-sustaining treatment"?Answer: Life sustaining treatment is any medical device or procedure that increases your life expectancy by restoring or taking over a vital bodily function. The medical device or procedure can be a drug, ventilator (breathing machine), surgery, therapy or artificially provided fluids and nutrition. 

6.  What is the definition of “permanently unconscious"?
Answer: Permanently unconscious means you have permanently lost the ability to interact with your environment and are completely unaware of your surroundings. 

7.  What is the definition of "terminal condition"?Answer: Terminal condition means the final stage of a fatal illness, disease or condition. To be in a terminal condition you do not have to be diagnosed as having less than a certain amount of time to live (e.g., six months or less).

8.  What happens if I regain the ability to make my own decisions?Answer: In that case, your physician must obtain your consent for all treatment. Once you have the ability to make healthcare decisions your healthcare representative will no longer have the authority to make decisions for you. 

9.  Who should have a copy of my advance directive?
Answer: You should give a copy to your primary healthcare representative, alternate healthcare representative(s), family members and physicians. If you are treated at a hospital or enter a nursing home you should also provide a copy when you are admitted.

Source http://www.state.nj.us/health/advancedirective/ad/forums-faqs/

EMAIL Kenneth Vercammen if you want us to prepare your documents.

More at 

http://www.njlaws.com/health_care_surrogate.html?id=2605

3. When Municipal courts re open, Municipal Court Defense by Certification Rule 7:12-3 relaxed and increases ability for attorney to appear on your behalf without you going to court.  Rule Relaxed to Remove Undue Hardship Requirement, effective March 16, 2020 without you going to court   

  Defense by Affidavit or Certification Program - We Go to Court if you don't want to go in Metuchen, Edison, East Brunswick, Woodbridge, North Brunswick, South Brunswick, Milltown

DEFENSE BY AFFIDAVIT OR CERTIFICATION PROGRAM - WE GO TO COURT IF YOU LIVE OUT OF AREA OR CANNOT APPEAR FOR COURT

The SUPREME COURT OF NEW JERSEY Order states in part

      In response to the growing public health crisis worldwide and in this state involving the COVID-19 coronavirus, the New Jersey Judiciary is implementing all possible measures to apply social distancing in current court operations consistent with the recommendations of the New Jersey Department of Health and the Centers for Disease Control. 

      Accordingly, it is ORDERED, pursuant to N.J. Const., Art. VI, sec. 2, par. 3, thateffective immediately and until further order, the provisions of Rule 7:6-3 and Rule 7:12-3 of the Rules Governing the Courts of the State of New Jersey are supplemented and relaxed so as to remove the "undue hardship" requirement….

        Therefore, we can go to court for you while you stay home. 

        Our office helps people with traffic/ municipal court tickets. We provide representation on most Central New Jersey traffic cases. Motor vehicle violations and criminal charges can cost you. If you plead guilty by mail for almost all traffic tickets, in addition to fines you will later receive points on your driver’s license. Both the DMV and your car insurance company will impose surcharges and eligibility points for three years.

        If you live out of New Jersey or will be traveling outside of New Jersey, contact our Law Office regarding us providing representation under the Defense by Certification Rule.

        Under the New Jersey Court Rules, a New Jersey Attorney can negotiate with the Municipal Court Prosecutor to attempt to reduce points, obtain dismissal of some tickets and provide other assistance. By reducing points and penalties you can reduce increases in your car insurance and surcharges.

        An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. Division of Motor Vehicles or have your license suspended. Don't give up! We can appear in court for you on most Central New Jersey traffic violations.

       Email us immediately if you need experienced legal representation in a traffic/municipal court matter. Kenneth Vercammen, Esq. Former Prosecutor for the Cranbury Municipal Court from 1991-1999, and Author Municipal Court Winning Strategies.

I re-read The Success Principles(TM) - 10th Anniversary Edition: How to Get from Where You Are to Where You Want to Be Paperback –2015 by Jack Canfield

Also on YouTube, listen to some of the free videos:

(3) The Power of the Subconscious Mind | Jack Canfield - YouTube

Jack Canfield and The 10 Success Principles to Create an Abundant Life with Lewis Howes - YouTube

(3) My Personal Vision Board | Jack Canfield - YouTube

THOUGHTS BECOME THINGS! - JACK CANFIELD - YouTube

(3) Money Magnet Mindset | Jack Canfield - YouTube

(3) Here's How to Earn More Money | Jack Canfield - YouTube

JACK CANFIELD ❤️Key to Living the Law of Attraction - YouTube

Jack Canfield and Ken Vercammen ABA Author at Charleston Leadership conference

   I am currently reading the digital version of Jack Canfield’s other book POWER OF FOCUS. I prefer the actual paper books, but bookstores and libraries closed.

 

Reminder Kenneth Vercammen’s Law Office new Will preparation online with follow up consults online and without having to travel to law office.

   To assist potential clients and seniors we now offer consults and document preparation remotely. We are concerned about your health and wellbeing.
1. For Wills, Power of Attorney, Living Wills, Deeds, Expungements please emailVercammenlaw@njlaws.com. We will email the interview form.

2. Type response/ Fill in details., email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com..  Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms.

3. Ken V will call to discuss after typed interview form received.

4. After persons by credit card online or payment confirmed from PayPal, legal plan or Barter Depot, we will draft documents and email to you.
5. Ken V will call to answer further questions
6. Sign documents in front of notary and two witnesses[ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries.

    Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE  Sign a Living Will with Power of Attorney for Health Care   In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

 

Spring 2020 Municipal Court cases

 Spring 2020 Municipal Court cases

1. No more phony stop for license plate holder partially obstructing Garden State name State v Roman- Rosado

2. Elimination of mandatory DL suspensions related to drugs and other offenses

3. Loss of license for the CDS in Motor Vehicle 39:4-49.1 eliminated   

4. No Insurance 39:6B-2  Mandatory suspension on no insurance eliminated

5. Repealed Driver’s license suspension for Failure to appear for disorderly persons offense

6. Driver’s license suspension for Failure to comply with installment order Repealed

7. Court claims parked car with engine running is operation. Attorney seeks Supreme court reversal

State v. Thompson

8. Roadside statements inadmissible where roadside stop was improper State v. Alessi

9. Order – Limited Relaxation of Prohibition on Plea Bargaining in Municipal Court DWI Cases Implicated by State v. Cassidy 

10. Annual Happy Hour & Networking Social July 10, 2020

11 photo Expungement seminar

1. No more phony stop for license plate holder partially obstructing Garden State words State v Roman- RosadoA-3703-17T4

Following the stop of defendant's car for allegedly violating N.J.S.A. 39:3-33 because the license plate frame on the car's rear license plate "concealed or otherwise obscured" the words "Garden State" at the bottom of the license plate, a warrantless search of the car uncovered an unloaded handgun. The trial court denied defendant's motion to suppress the search and seizure of the handgun, and defendant subsequently pled guilty to second-degree certain persons not to possess a weapon, N.J.S.A. 2C:39-7(b)(1).

In defendant's appeal, the court was asked to decide: (1) whether there was reasonable suspicion to stop defendant's car for violating N.J.S.A. 39:3-33; and (2) whether the subsequent search and seizure of the handgun was legally permissible.

Based upon the common understanding of the words "conceal" and "obscure," this court concludes there was no reasonable suspicion to stop defendant's car for violating N.J.S.A. 39:3-33 where the minimal covering of "Garden State" did not make the words indecipherable. Hence, the seized gun was inadmissible to prove a second-degree certain persons offense.

For the sake of completeness, the court further decides that even if there was reasonable suspicion to stop defendant's car for a N.J.S.A. 39:3-33 violation, the subsequent search was not legally permissible because it did not satisfy the State's proffered exceptions to conduct a warrantless search of an automobile, i.e., a search incident to arrest, or a protective sweep.

Accordingly, the court reverses and vacates the conviction for second-degree certain persons not to possess weapons, and remands so defendant can move to vacate his guilty plea and have the judgment of conviction vacated pursuant to Rule 3:9-3(f).

2. Elimination of mandatory DL suspensions related to drugs and other offenses

On December 20, 2019, Governor Murphy signed S1080 into law as L. 2019, c. 276. Two provisions of this new law, namely Section 12 and subsection b. of Section 20, took effect on December 27, 2019. The remainder of this new law will take effect on January 1, 2021. 

Section 12 and subsection b. of Section 20, took effect on December 27, 2019 when the Governor submitted a certification to the Secretary of Transportation expressing his opposition to the enactment or enforcement of a law requiring driver’s license suspension for drug offenses as set forth in 23 U.S.C. § 159(a)(3)(A).

 Section 12 amended N.J.S.A. 39:4-49.1 to eliminate the suspension, revocation or postponement of driving privileges for a person who operates a motor vehicle on a highway while knowingly having in the person’s possession or in the motor vehicle any controlled dangerous substance or prescription drug without a valid prescription. Regarding the fine, this section excludes those persons who violate the provisions of N.J.S.A. 2C:35-10 (Possession, use or being under the influence, or failure to make a lawful disposition) 

Also effective on December 27, 2019 is subsection b. of Section 20, which repealed N.J.S.A. 2C:35-16 and 39:5-30.13. New Jersey Statute 39:5-30.13 allowed for the suspension or postponement of driving privileges for persons convicted of or adjudicated delinquent for a drug offense in State court, federal court, or the District of Columbia. This law has been repealed. 

Also repealed effective December 27, 2019 is N.J.S.A. 2C:35-16 which provides for the forfeiture or postponement of driving privileges of anyone convicted of or adjudicated delinquent for an offense under Chapters 35 or 36 of Title 2C as well as the suspension, revocation or postponement of driving privileges for those persons admitted to supervisory treatment, i.e., conditional discharge under N.J.S.A. 2C:36A-1, or pretrial intervention under N.J.S.A. 2C:43-12, without a plea of guilty or finding of guilt. DL suspension for Conditional Discharge eliminated.

repealed 2C:35-16 - Forfeiture or postponement of driving privileges for conviction for a person convicted of or adjudicated delinquent for a violation of any offense defined in chapter  35 Drugs or chapter 36 Paraphernalia

3. Loss of license for the CDS in Motor Vehicle 39:4-49.1 eliminated   The legislature did away with loss of license for the CDS in motor vehicle 39:4-49.1.  New:A person shall not operate a motor vehicle on any highway while knowingly having in the person's possession or in the motor vehicle any controlled dangerous substance as classified in Schedules I, II, III, IV and V of the “New Jersey Controlled Dangerous Substances Act,” P.L.1970, c. 226 (C.24:21-1 et seq.) or any prescription legend drug, unless the person has obtained the substance or drug from, or on a valid written prescription of, a duly licensed physician, veterinarian, dentist, or other medical practitioner licensed to write prescriptions intended for the treatment or prevention of disease in humans or animals or unless the person possesses a controlled dangerous substance pursuant to a lawful order of a practitioner or lawfully possesses a Schedule V substance.

A person who violates this section, except a person who violates the provisions of N.J.S.2C:35-10, shall be fined not less than $50.

4. No Insurance 39:6B-2  Mandatory suspension on no insurance eliminated

33:1-81 Misrepresenting age to induce sale or delivery to minor; disorderly person –No more mandatory DL suspension

39:4-56.5 Abandonment of motor vehicle revised 2019- No more DL suspension 

5. Repealed Driver’s license suspension for Failure to appear for disorderly persons offense,a petty disorderly persons offense, a violation of a municipal ordinance, or a violation of any other law of this State N.J.S.2B:12-31

Repealed 2A:4A-43.3.Suspension, postponement of right to operate motor vehicle [was with 2A:4A-43) for an initial act of graffiti ] section 6 of P.L.1995, c.251 (C.2A:4A-43.3);

Repealed 2C:33-3.1 Penalties for juvenile violating N.J.S.2C:33-3.False public alarms. No more Driver license suspension section 2 of P.L.1999, c.195 (C.2C:33-3.1);

6. Driver’s license suspension for Failure to comply with installment order Repealed 39:4-203.2.

39:5-30.13. repealed Suspension, revocation, postponement of driving privilege for persons convicted of certain drug offenses in any federal court or other states

39:4-56.5 Abandonment of motor vehicle revised 2019

No more DL suspension 

7. Court claims parked car with engine running is operation. Attorney seeks Supreme court reversal

State v. Thompson

    In this appeal, the court held that an intoxicated defendant asleep and behind the wheel of a parked motor vehicle with its engine running is "operating" the vehicle within the meaning of N.J.S.A. 39:4-50(a).Docket A-1909-19T6  

     Defendant appealed from his convictions for DUI and refusing to submit to a breath test. Defendant argued that the state failed to present sufficient evidence to prove the statutory element that defendant was "operating" his vehicle under the influence of alcohol or that he had a conscious intent to do so. The court rejected defendant's argument and affirmed his conviction. The court noted that the evidence at trial showed that police were called to a convenience store where defendant was observed sleeping in his car with the engine running. As officers woke defendant, they noticed the strong odor of alcohol on his breath. Defendant acknowledged to officers that he had "a couple of drinks." After failing field sobriety tests, defendant was arrested. At the police station, defendant acknowledged that he had prescriptions for methadone, hydrocodone, Xanax, and Cymbalta and that he had consumed two alcoholic drinks within a three hours period. The court held that this evidence was sufficient for the factfinder to concluded that defendant was intoxicated while sleeping behind the wheel of his vehicle. The court ruled that defendant was "operating" his vehicle since operation of a motor vehicle could include sitting or sleeping behind the wheel of a vehicle with the engine running, even if the vehicle is not observed in motion. Finally, the court found defendant's other contentions on appeal to have insufficient merit to warrant discussion. 

     Source Daily Briefing, an exclusive New Jersey State Bar Association member benefit, in partnership with the New Jersey Law Journal. Join the NJSBA for this benefit!

https://www.law.com/njlawjournal/almID/1581570609NJA190919T/

8. Roadside statements inadmissible where roadside stop was improper State v. Alessi

The circumstances of this case do not legitimize the stop. Law enforcement must have reasonable and articulable suspicion of a traffic violation, the commission of a crime, or unlawful activity before executing a traffic stop. Accordingly, the roadside statement given by defendant during the unlawful stop should have been excluded at trial, and the Court affirms the Appellate Division’s reversal of her convictions for hindering apprehension and false reporting. Because defendant’s roadside statement permeated the trial, severely affecting her credibility and ability to mount a defense to the separate burglary charge, that conviction is reversed as well. 14-1-3686 

9. Order – Limited Relaxation of Prohibition on Plea Bargaining in Municipal Court DWI Cases Implicated by State v. Cassidy 

 SUPREME COURT OF NEW JERSEY  

Pursuant to N.J. Const. Art. VI., sec. 2 par. 3, it is ORDERED that, effective immediately and until further order, the "Guidelines for Operation of Plea Agreements in the Municipal Courts of New Jersey," which is an Appendix to Part VII of the Rules Governing the Courts of the State of New Jersey, are supplemented and relaxed so as to permit plea agreements in post-conviction relief cases affected by the Supreme Court decision in State v. Eileen Cassidy, 235 N.J. 482 (2018). 

This limited rule relaxation applies only to post-conviction relief proceedings in which evidential breath samples from defendants in driving while intoxicated (DWI) cases were procured using Alcotest machines calibrated without using a NIST-traceable thermometer, namely, the approximately 13,000 cases that involve findings of guilt, either by trial or by plea, referred to in the Court's January 29, 2019 order that designated a Special Master to make judicial and administrative decisions in matters affected by the Court's decision in Cassidy. 

In all other aspects, including for all cases not affected by the Court's decision in Cassidy, the "Guidelines for Operation of Plea Agreements in the Municipal Courts of New Jersey" remain in full force and effect. December 18, 2019 

10. Annual Happy Hour & Networking Social July 10, 2020 Co- sponsors requested

       Co-sponsored by NJ State Bar Association Sections & several Chambers of Commerce 

   For the past five years different Professional groups and Sections of the NJ State Bar Association have co-sponsored a Happy Hour and Social event for attorneys and business professionals. The Annual Summer Networking Happy Hour is July  10, 2020 at Bar Anticipation from 5:30-7:30. 

            We are requesting professional groups serve as co-sponsor for this Happy Hour.  There will be no cost to a professional group, and great benefit for your members.  It may even be a source of new members.  We only ask that you help publicize the event.  There will be a small table to greet members. 

Location: Bar Anticipation  

703 16th Avenue

Lake Como/ Belmar, NJ 07719 

Free food 5:15-7:15. The reduced price Happy Hour is 6-7PM with $2.00 House Drink, House Wine Special or Bud/Bud Light draft. We provide special VIP wristband.

     We ask each attendee to bring a canned food donation for the St. Matthews St. Vincent Food Bank.  

11 New trial ordered where police did not give full Miranda warning

State v Hager 

     The court considered whether the omission of one of the Miranda warnings during custodial interrogation adequately conveys the substance of the warnings and concluded it did not, notwithstanding the fact that defendant continuously interrupted the administration of the warnings. Acknowledging out-of-state authority holding that a suspect may waive Miranda warnings by interrupting their delivery, the court concluded that the suspect's interruption of the warnings does not discharge law enforcement of their duty to deliver them. Finding that the erroneous introduction of the partially unwarned statements was not harmless error, the court reversed defendant's conviction, which followed a bifurcated jury trial, and vacated his guilty plea on the weapons offense. Relying on United States v. Pagane, 542 U.S. 630 (2004), however, the court rejected defendant's contention that suppression of the weapon was mandated as a remedy for the Miranda violation despite the fact that the weapon was seized as a result of a search warrant based on the statements. (14-07-0678)

Allan Marain Esq. and Ken Vercammen speakers at Expungement seminar

Expungements to remove criminal arrests continue to be processed. The new Expungement law is starting in June 2020.

add if space

Mr. Marain notes on his website: Are you applying to nursing school? Would you like to be a teacher? Drive a school bus? Be a school crossing guard? Are you seeking a New Jersey firearms identification card? Perhaps you want to adopt a child or be a foster parent, or coach a Little League® baseball team. Maybe you're looking for a job in securities, or at Home Depot. Maybe you're just looking for a job, period. Any job. Were you ever charged with shoplifting? Or busted over a little weed?  Are any felony convictions, or even just arrests, on your record?

N.J. Municipal Court - Law Review SUBSCRIPTION INFO

      Please forward a check or voucher for $20.00 to receive the NJ Municipal Court Law Review.  This quarterly newsletter reports changes in New Jersey Court decisions, selected revised motor vehicle and criminal laws, cases, seminars, and information on Municipal Court practice.

      Vouchers accepted. Please send a stamped, self-addressed envelope for their return.  Multiple subscriptions encouraged.

      Please must send a $20.00 check payable to Vercammen & Associates, PC. 

Name:    ______________________________________

(or staple business card here)

Address:______________________________________

            

We also need your email address ________________________ 

Return to:

Kenneth A. Vercammen, Esq.,    

                Editor- NJ Municipal Court Law Review   

                2053 Woodbridge Ave.

                Edison, NJ 08817

                732-572-0500

               Tax ID # available

Criminal Articles from NJLaws Website and BeNotGuilty.com website

http://criminalarticle.blogspot.com

Criminal Law- Recent Cases

http://njcriminallaw.blogspot.com/

Cut & paste all reported and sometimes unreported criminal case squibs from NJ Judiciary.

Criminal Statutes and Criminal Jury Charges 

http://criminal-jury.blogspot.com/

Drug & DWI Law 

http://drugarrest.blogspot.com

Motor Vehicle Articles and NJ Title 39 Motor Vehicle laws http://njmotorvehicle.blogspot.com/

Municipal Court and Police Phone number and Directions 

http://njpolice.blogspot.com/ 

New NJ Statutes , Recent cases and Court Rules

http://njstatutes.blogspot.com

Traffic Law & Municipal Court- Articles from BeNotGuilty.com 

http://traffic-law.blogspot.com/

Defending DWI and Drug Possession (2020) Bound book

List Price: $59.00 USD

NJ State Bar’s new book

Written by: Kenneth A. Vercammen

     This informative handbook will provide you with guidance on how to handle everything pertaining to the drug and DWI defense - from the initial contact with the client, to walking into the courthouse, and managing the steps that follow. It is a “how to” manual that you and your staff can follow with checklists and forms.

This book is intended to help solo/small-firm attorneys and newly admitted attorneys prepare to handle these cases and to better represent their clients. This handbook will help attorneys represent persons charged with DWI, drug, and other criminal and traffic offenses.

Special Feature: Over 50 modifiable forms and motions

Over 50 forms and motions are included to help make you (and your staff) more efficient and productive, while also reducing the chance for mistakes.

Bonus!Also includes a section on marketing the DWI and drug defense practice.

Table of Contents:1 Pre-Interview
2 Office Interview and Preparing Notices to the Court and Prosecutor
3 Pretrial Motions
4 Trial Preparation
5 Trial
6 Sentencing and Post Trial
7 Supreme Court Caselaw and Federal Statutes
8 Marketing the DWI and Drug Defense Practice 

Book # 1177719   New Jersey Institute for Continuing Legal Education  A Division of the NJSBA One Constitution Square, New Brunswick, NJ 08901 (732) 214-8500 · CustomerService@njsba.com

https://tcms.njsba.com/personifyebusiness/njicle/Store/ProductDetails.aspx?productid=46708744

Rule 5:25-3. Child Support Hearing Officers

Rule 5:25-3. Child Support Hearing Officers

(a) Appointment. There shall be established within the Family Part of the Chancery
Division an Office of the Child Support Hearing Officer. The Office of the Child Support
Hearing Officer shall consist of a Chief Child Support Hearing Officer, and as many other
Child Support Hearing Officers as may be determined appropriate by the Supreme Court.
The Chief Child Support Hearing Officer and other Child Support Hearing Officers shall be
appointed by the Chief Justice and shall be under the direct supervision of the Family Part
Presiding Judge of the county in which the Child Support Hearing Officer is assigned. The
administrative supervision of the Child Support Hearing Officers shall be vested in the
Administrative Director of the Courts.

(b) Jurisdiction. The Child Support Hearing Officer shall hear and make
recommendations that the court enter orders based thereon in all Title IV-D, Federal Social
Security Act, cases concerning:

(1) Establishment of Paternity or the Parent/Child relationship only when the
matter is uncontested. When the issue of paternity is contested, the Child Support Hearing
Officer shall refer the paternity issue to the court.

(2) Establishment of the obligation and amount of child support.

(3) Establishment of any other financial obligation regarding the care and
maintenance of children as well as an obligation to provide medical coverage.

(4) Modification of the obligation of child support.

(5) Enforcement of the obligation of child support or any other support order.

(6) The establishment, modification and enforcement of support pursuant to
N.J.S.A. 2A:4-30.124 to 2A:4-30.201, the Uniform Interstate Family Support Act.

(7) If any establishment case involves a complex issue requiring judicial
resolution, the Child Support Hearing Officer shall recommend a temporary order
establishing the obligation of child support pending referral of the matter to the court.

(8) Advanced written and oral notice shall be given to the parties that their
case will be heard by a Child Support Hearing Officer, and they may object to the
recommendation of the Child Support Hearing Officer, which will result in an immediate
hearing before a Superior Court Judge pursuant to Rule 5:25-3(d)(2).

(c) Duties, Powers, and Responsibilities. The Child Support Hearing Officer shall
be responsible to the Presiding Judge in the establishment, modification, and enforcement
of all Title IV-D child-support actions. Such Child Support Hearing Officers shall serve at
the pleasure of the Chief Justice and his/her powers and duties shall be prescribed in the
order appointing him/her or in the Rules of Procedure of the Family Part. Such Child
Support Hearing Officers shall:

(1) regulate all proceedings before him/her;

(2) take testimony and establish a record;

(3) do all acts and take all measures necessary or proper for the efficient
performance of his/her duties;

(4) recommend that the court order the production before him/her of books,
papers, vouchers, documents, and writings;

(5) rule upon the admissibility of evidence;

(6) recommend the issuance of summonses or subpoenas for the
appearance of parties or witnesses, administer oaths, examine parties and witnesses
under oath;

(7) accept voluntary acknowledgment of support liability and stipulations or
agreements setting the amount of child support to be paid and/or admitting paternity;

(8) evaluate evidence and make recommendations as to the establishment
and enforcement of child-support orders;

(9) recommend entry of default judgments in appropriate cases;

(10) in appropriate cases and with the immediate review by the court, make
written findings, and based thereon may:

(A) recommend that the court adjudicate that a person has failed to comply
with an order in violation of litigant's rights, and recommend incarceration for failure to
comply with an order of the court that provided for the payment of support or the
performance of any other act;

(B) request that a witness or party be brought directly before the court for a
judicial hearing;

(11) recommend that the court issue a warrant upon the failure of a party or a
witness to appear after having been properly served, and recommend a release amount to
satisfy full arrears;

(12) recommend that the court order a party to participate in blood or genetic
tests for the purpose of establishing paternity.

(d) Review by Presiding Judge or Designee; Appeal; Time; Record.

(1) The Presiding Judge of the Family Part or a Judge designated by the
Presiding Judge shall immediately review all recommendations of a Child Support Hearing
Officer. Appropriate recommendations shall be signed and ratified by the Judge.

(2) A party not accepting a recommendation entered by the Child Support
Hearing Officer shall be entitled to an immediate appeal of the recommendation to the
Presiding Judge of the Family Part or a Judge designated by the Presiding Judge who
shall conduct a hearing forthwith. The appeal may be made by either party, and shall be
heard de novo not on the record below. Failure of a party to request a de novo appeal on
the day of the hearing shall require the filing of a motion before further relief can be
considered.

(3) Orders of the Family Part entered as a result of a Child Support Hearing
Officer's recommendation shall be recognized as a final order of the Superior Court.
Copies of the orders shall be provided to the parties or their attorneys. Orders may be
appealed to the Appellate Division of the Superior Court within the time and according to
the procedures prescribed by the Rules for appeals to the Appellate Division. The time for
appeal shall run from the date of the signing of the order by a Judge of the Superior Court.

(e) Service. All rules concerning service of notice and due process rights applicable
to the Family Part shall be applicable to the Child Support Hearing Officer hearings.

(f) Standards and Guidelines. The Child Support Hearing Officer shall use any
support-setting guidelines that may be approved by the Supreme Court.

(g) Qualifications and Compensation. The qualifications and compensation for
the Chief Child Support Hearing Officer and other Child Support Hearing Officers shall be
established by the Administrative Director of the Courts, subject to the approval of the
Supreme Court.

Note: Source-new. Adopted September 24, 1985 to be effective October 1, 1985; paragraph (c)(12) adopted June 28, 1996 to be effective September 1, 1996; paragraph (b)(6) amended May 25, 1999 to be effective July 1, 1999; paragraphs (c)(10) and (c)(11) amended June 15, 2007 to be effective September 1, 2007; paragraph (d)(2) amended July 16, 2009 to be effective September 1, 2009; subparagraph (b)(6) amended July 28, 2017 to be effective September 1, 2017.
Rule 5:25-4. Domestic Violence Hearing Officers Domestic Violence Hearing Officers may be appointed by the Judiciary to handle and make recommendations in matters under the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.) in accordance with the provisions of that Act, Rule 5:7A ("Domestic Violence: Restraining Orders"), and such other policies and procedures as are
applicable.

Rule 5:13-5. Reviews of Children in Placement; Court Orders; Submission of Placement Plan

Rule 5:13-5. Reviews of Children in Placement; Court Orders; Submission of
Placement Plan

(a) Enhanced Initial Reviews. In all cases involving a child placed by the Division
of Child Protection and Permanency ("Division"), the child placement review board shall
act on the court's behalf by conducting an enhanced review initiated 60 days after
placement, which includes the collection of information to be entered on a form prescribed
by the Administrative Director of the Courts. Upon completion of the enhanced 60-day
review, the board shall make its recommendations to the court on a form prescribed by the
Administrative Director of the Courts.

(b) Court Orders; Placement Plans. All orders entered by the court prior to the
enhanced 60-day review by the child placement review board placing a child in the custody
of the Division pursuant to N.J.S. 9:6-8.54, N.J.S. 30:4C-12, N.J.S. 2A:4A-43 or N.J.S.
2A:4A-46 shall be provided by the court to the board. The Division shall submit a
placement plan to the court within 30 days of the date of placement. In any case in which
the placement is the result of a court order, the notice of the enhanced 60-day child
placement review shall be made available to all counsel or parties appearing pro se who
have related matters pending before the Family Part of Superior Court. In addition, counsel
or parties appearing pro se shall receive timely notice of all subsequent proceedings and
orders under the Child Placement Review Act relating to that litigation.

Note: Source-R. (1969) 5:7B(e). Adopted December 20, 1983, to be effective December 31, 1983; amended November 5, 1986 to be effective January 1, 1987; caption amended, text amended and designated as paragraph (b), paragraph (b) caption adopted, and new paragraph (a) caption and text adopted July 9, 2013 to be effective September 1, 2013; paragraph (a) caption and text amended and paragraph (b) amended July 28, 2017 to be effective September 1, 2017.

Rule 5:10-5. Post-Complaint Submissions

Rule 5:10-5. Post-Complaint Submissions

(a) At least ten business days before a preliminary hearing the following shall be
filed with the court:

(1) For private stepparent adoptions and direct private placement
adoptions, fingerprint and Division of Child Protection and Permanency name checks.

(2) Proposed form of order for execution upon completion of preliminary
hearing.

(3) Proof of service on the biological or legal parent or parents or any of
the following if not previously submitted:

(A) Termination of parental rights judgment;

(B) Parent's death certificate;

(C) Affidavit of diligent inquiry to locate the parent or parents;

(D) Surrender of parental rights to agency;

(E) Judicial surrender order;

(F) Denial of paternity form;

(G) Evidence that the biological father does not appear on the child's birth
certificate, and he has not taken action pursuant to N.J.S.A. 9:3-45(b)(6);
(H) The notice of intent to place the child for adoption pursuant to N.J.S.A.
9:3-45(b)(3) with no objection having been filed;

(I) Affidavit executed by the placing parent that the parent cannot identify
or refuses to identify the other biological or legal parent.

(4) For private stepparent adoptions and direct private placement
adoptions, the Notice of Rights in an Adoption Proceeding (Private/Non-Agency
Placement) form as promulgated by the Administrative Director of the Courts, which is
to be served on a parent whose parental rights are subject to a termination proceeding.
If the Private/Non-Agency Placement form is served on, but not filed by, the parent,
proof of service on the parent must be filed.

(5) For private agency adoptions, the Notice of Rights in an Adoption
Proceeding (Agency Placement) form as promulgated by the Administrative Director of
the Courts. If the Agency Placement form is served on, but not filed by, the parent, proof
of service on the parent must be filed.

(b) At least ten business days before a final hearing, the following shall be filed
with the court, unless previously submitted:

(1) A proposed judgment of adoption for each child being adopted.

(2) Final agency report or reports.

(3) Consent from agency for private agency placements.

(4) Proof of service or affidavit of inquiry on a biological or legal parent or
parents in cases where the Division of Child Protection and Permanency did not place
the child, if parental rights have not been previously terminated, or irrevocably
surrendered in the case of an agency placement.

(5) An approved Interstate Compact for the Placement of Children request
if applicable.

(6) Report of adoption form from Bureau of Vital Statistics. For children
born outside of New Jersey, the plaintiff or plaintiff's attorney is responsible for obtaining
the amended birth certificate.

(7) Check payable to "Treasurer, State of New Jersey" if the child was
born in New Jersey or if the action seeks a foreign readoption or an adoption of a child
born in a foreign country.
(8) For adoptions in which a foreign country conveyed guardianship or
custody for the purpose of adoption in the United States:

(A) Post-placement reports from the approved adoption agency if required
by the court,

(B) The final court report of the approved New Jersey adoption agency
supervising the placement, and

(C) The final consent of adoption from the approved New Jersey adoption
agency supervising the placement.

(c) If a final hearing is waived in a non-agency private adoption pursuant to
N.J.S.A. 9:3-48(c)(4), the documents required in paragraph (b) must be provided to the
court at least ten business days before the preliminary hearing.
(d) For adoptions in which a foreign country conveyed guardianship or custody
for the purpose of adoption in the United States:

(1) If an approved New Jersey adoption agency is supervising the
placement, then the court rules relating to agency adoption shall apply.

(2) If the child is placed directly with the plaintiffs for purposes of a private
adoption in the United States, then the court rules relating to a direct private placement
adoption shall apply.

Note: New Rule 5:10-5 adopted (and former Rule 5:10-5 redesignated as Rule 5:10-8) July 21, 2011 to be effective September 1, 2011; subparagraphs (a)(1) and (b)(4) amended July 9, 2013 to be effective September 1, 2013; subparagraphs (a)(2) and (a)(3)(H) amended, and new subparagraphs (a)(4) and (a)(5) adopted May 30, 2017 to be effective immediately; subparagraph (a)(4) amended July 29, 2019 to
be effective September 1, 2019. 

Rule 5:10-4. Surrogate Action

Rule 5:10-4. Surrogate Action

(a) Review of Complaint Prior to Docketing. Prior to docketing, the Surrogate
shall review the complaint to ensure that proper venue is laid in accordance with R.
5:10-1, and that it contains the following:

(1) all information required by R. 5:10-3,

(2) a current address and any prior addresses within the last five years for
each plaintiff,

(3) the names, dates of birth and all residences within the past five years
of all other adults in the adoptive home,

(4) the marital, domestic union, or civil union status of each plaintiff and
the name of the spouse or partner, if such person is not also a plaintiff, and

(5) a home study report that is consistent with the information set forth in
the complaint.

(b) Jurisdiction.

(1) Upon the filing of a complaint for the adoption of a child, if it appears
therefrom that there is jurisdiction and that each plaintiff is qualified, as required by
statute, and that the complaint is substantially complete in all respects, the complaint
shall be docketed. At the time of docketing, the Surrogate's staff shall conduct a
party look-up in the Judiciary case management system to determine if any of the
parties exist in the court's system. If a party exists in the system, the party's
demographic information shall be copied into the adoption case using the process in the
Judiciary's case management system.

(2) The court shall fix a day for preliminary or final hearing as provided by
statute. The Surrogate shall provide the entire adoption file to the court for review no
later than five business days before the first adoption proceeding.

(3) Upon the court fixing a day for preliminary or final hearing in private
placement adoptions, the Surrogate shall append to the court's order a form
promulgated by the Administrative Director of the Courts informing the child's parents
whose parental rights are subject to a termination proceeding of the procedure to object
to the adoption, the right to legal counsel, and how to apply for a court-appointed
attorney. The signed order and form shall be returned to the plaintiff for service of the
form and notice of the hearing on the child's parents whose parental rights are subject
to a termination proceeding pursuant to N.J.S.A. 9:3-45. Service of the form on the
child’s parent whose rights are not being terminated shall not be required.

(4) If there is a lack of jurisdiction or lack of qualification on the part of a
plaintiff the court shall dismiss the complaint forthwith. If a complaint is not substantially
complete in all respects, the court shall order the plaintiff to file an amended complaint
or shall dismiss the complaint without prejudice, as the situation requires.

Note: Source - R. (1969) 4:94-3. Adopted December 20, 1983, to be effective December 31, 1983;
caption amended, former text redesignated as paragraph (b), paragraph (b) caption adopted, paragraph (b) amended, and new paragraph (a) adopted July 21, 2011 to be effective September 1, 2011; former subparagraph (b)(3) redesignated as subparagraph (b)(4) and new subparagraph (b)(3) adopted May 30, 2017 to be effective immediately; subparagraph (b)(3) amended July 29, 2019 to be effective September 1, 2019.