The Supreme Court Criminal Practice Committee proposed amendments to New Jersey Court Rule 3:28-1(c) regarding eligibility for pretrial interventions (PTI). The proposal follows the Court’s decision in State v. Gomes to address whether PTIs are available for defendants who received conditional discharges for marijuana offenses before the 2021 adoption of the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA). The New Jersey State Bar Association participated as amicus in Gomes to advocate that those defendants would be eligible. The Court is soliciting comments on the proposed amendments.
In Gomes, the Court considered two consolidated cases involving defendants who received conditional discharges arising from a marijuana possession offense prior to the enactment of CREAMMA, under which certain marijuana possession is no longer unlawful. After the trial courts reached differing conclusions on whether the conditional discharges deemed the defendant ineligible for PTI, the Appellate Division ruled that the “one diversion only” general limitation of the PTI statute and the provisions of earlier expungement statutes deemed the defendants ineligible. The Supreme Court held that such offenses did not deem these defendants ineligible because the “manifest legislative intent” of CREAMMA implied that the law would apply to any case that arose before its enactment.
The Criminal Practice Committee has addressed Gomes in the court rules by proposing an amendment to R. 3:28-1(c) to add language exempting from the prior diversion rule conditional discharges that were expunged or vacated as a result of CREAMMA. The Court is accepting comments on the proposed amendment no later than Dec. 4. Comments may be submitted in writing to:
Glenn A. Grant
Administrative Director of the Courts
Comments on Proposed Amendments to Rule 3:28-1(c)
Hughes Justice Complex
Post Office Box 037
Trenton, New Jersey 08625-0037
You may also submit comments by email to [email protected]. For a full copy of the notice, go to njcourts.gov.
Judiciary Standardizes Pro Se Landlord Tenant Packets
Tenants seeking relief in landlord tenant actions on their own will be able to access a packet for post-judgment relief from eviction to help them navigate the system without legal representation. The packet offers information on:
-How to apply for an order for orderly removal to be used by a tenant who wants to request up to seven calendar days to pack and move out before being evicted or locked out of a rental premises.
-How to apply for a hardship stay to be used following a judgment of possession for a tenant who pays all of the past-due rent and request to remain in the property for up to six months while finding a new residence.
-How to apply for an order to show cause for a tenant seeking to ask the court to vacate, dismiss or stay a judgment for possession; stop an eviction or lock out before the eviction day; or to re-occupy the property within 10 days after a lockout.
The packets are available on njcourts.gov in the Forms Catalog.
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.