The New Jersey State Bar Association (NJSBA) urged sponsors of S-2794 (Pou)/A-4367 (Mukherji) to address concerns of municipal court practitioners leading to confusion among defendants in municipal court proceedings. The bill codifies existing municipal court procedures that have been developed by the Administrative Office of the Courts to permit defendants charged with certain offenses to enter into plea negotiations with a municipal prosecutor online.
“While we are generally supportive of the plea by mail system and the court’s recently launched online dispute resolution system, in working with defendants to use both methods of resolving their municipal court disputes, our practitioners have encountered certain issues that we urged be addressed in this litigation,” said the association in its Oct. 22 letter to Senators Nellie Pou and Nicholas P. Scutari.
The concerns and recommendations include:
- A clarification about how municipal courts are to determine and/or flag cases where a defendant is represented so that there are no ex parte communications with the defendant;
- A centralized method and repository — whether by phone, mail and/or email — to be established for contact information for all municipal prosecutors, which would also address methods of effective notice or service upon prosecutors;
- A requirement, as part of any negotiated plea offer by mail, through mail, email or online forum, of a written notice of the right to counsel and method by which a defendant can signify an affirmative waiver of counsel;
- Confirmation that in any matter where there is a consequence of magnitude, the prosecutor is prohibited from contacting a defendant until the defendant has been arraigned by a judge, advised of their right to counsel and provided an opportunity to obtain counsel or apply for a public defender, with a method for an attorney, by letter of representation, to waive such an arraignment;
- Confirmation and a requirement that all mail and/or email from municipal prosecutors does not, in any way, appear to suggest a direct affiliation or connection between the municipal prosecutors and the Judiciary;
- Clarification that a defendant’s right to pursue resolution of their matter in court is preserved should the defendant opt not to engage in the dispute resolution process, and assurance that the defendant is appropriately notified of that right
The bill was passed out of the Senate Judiciary Committee with amendments and awaits a full vote in the Assembly. While the initial version of the bill passed the Assembly, the Assembly will have to vote on the amendments. The association continues to monitor the bill.
Family Law Practitioners Urge Consistency in Application of Dissolution Matters
Echoing the sentiment in Directive #18-20, which outlines a uniform process for “divorce on the papers,” the NJSBA urged the court to reiterate the uniformity of process across all vicinages to avoid the necessity of personal appearances.
“Having the ability to obtain a ‘divorce on the papers’ when all parties agree, or when there is a defaulting party, is particularly important under the unusual circumstances we are confronting, which interfere with the ability to efficiently schedule in-person appearances,” said NJSBA President Kimberly A. Yonta in a letter to Acting Administrative Director of the Courts Judge Glenn A. Grant.
Directive #18-20, issued on June 5, outlines the process for entries of default and uncontested judgments without personal appearances in certain dissolution proceedings. In instances with the spouse who filed for dissolution is only asking the court to terminate the marriage, civil union or domestic partnership with no additional request for relief, or terminate the marriage, civil union or domestic partnership and include any signed property settlement agreement or existing court order that resolves all issues between the spouses, such relief is permitted to be entered on the papers without a formal appearance before the court.
Matrimonial law practitioners have reported to the association that not all vicinages are following the directive, leading to varying results by county.
“The NJSBA requests that you communicate further with the vicinages to clarify that, if all of the requirements outlined in the directive are met, a judgment of divorce should be issued and mailed as soon as possible,” noted Yonta. “Otherwise, litigants in certain counties will not be able to avail themselves of the streamlined procedure provided for in the directive.”
This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.