Our criminal part judges continue to handle criminal matters by utilizing technology to enable the parties to appear remotely.
Below are the assigned criminal part judges to handle emergent matters for the months of October, November, and December as set forth in the schedule below. Of course, this schedule is subject to any Phase changes that may be implemented.
The schedule is as follows:
Directive #23-06 (“Grand Jury Standards – Implementation and Questionnaire”) promulgated standard grand jury policies and procedures, including a standard charge to the grand jury (Attachment 3) and a standard oath of secrecy (Attachment 5). The grand jury standards as promulgated by directive #23-06 have been implemented statewide for over a decade.
In response to the ongoing COVID-19 coronavirus pandemic, the Supreme Court on May 14, 2020 authorized a pilot program for virtual (video) grand jury sessions in Mercer and Bergen counties. Consistent with the Court’s May 14, 2020 Order, the Judiciary on May 15, 2020 issued a supplement to directive #23-06, which promulgated on a temporary basis a supplement to Attachment A (grand jury charge) and a supplement to Attachment B (secrecy oath). Those approved supplements have been issued to all county and state grand jurors convening in a virtual format during COVID-19.
The Supreme Court by Order dated June 9, 2020 has required that all people who enter or occupy court facilities (including Judiciary areas of mixed-use facilities) must wear masks or other face coverings in community settings (e.g., entranceways, indoor parking garages) and common areas (e.g., courtrooms, elevators). It incorporates certain limited exceptions, including for medical need. The Court’s June 9, 2020 Order also references judicial discretion to remove their face coverings or masks when on the bench and to direct others to do so as long as social distancing is maintained.
The Supreme Court’s Post-Pandemic Plan (issued June 10, 2020) outlined in general terms the transition from Phase 1 (fully remote operations) to Phase 2 (incremental return of limited numbers of judges and court staff to Judiciary facilities). Based on current public health recommendations and COVID-19 trends, the New Jersey courts will be expanding the scope of on-site court events, including for new jury trials, but without transitioning fully to Phase 3 as previously anticipated. For lack of a better description, the courts are now moving to “Phase 2.5.” This notice provides additional guidance as to events that may under appropriate circumstances be conducted on-site even while our court system overall continues to follow a “remote first” model.
The Supreme Court has issued its Eighth Omnibus Order on Court Operations and Legal Practice during the ongoing COVID-19 pandemic. A copy of the Order is attached.
This September 17, 2020 Eighth Omnibus Order continues certain adjustments necessitated during the COVID-19 period, including the prioritization of remote proceedings and permission for electronic signatures, remote or socially distanced depositions, and electronic service on the State of New Jersey. It also reinforces provisions of the Court’s September 17, 2020 Order on the first jury trials, including as to the additional option of conducting voir dire in a fully virtual format with the consent of the attorneys and parties and the approval of the trial judge.
The September 17, 2020 Eighth Omnibus Order includes the following new or updated provisions:
Questions about this notice or the Court’s Eighth Omnibus Order may be directed to the Office of the Administrative Director of the Courts at (609) 376-3000.
/s/ Hon. Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Dated: September 17, 2020
NOTICE (FULL NOTICE) Eighth Omnibus Order on Court Operations and Legal Practice.pdf
The Supreme Court has provided additional guidance on the first new jury trials to resume since the mid-March suspension of trials resulting from the COVID-19 pandemic. As detailed in the Court’s July 22, 2020 Order and appended Plan for Resuming Jury Trials, new jury trials will be conducted in a hybrid format involving primarily virtual selection followed by socially distanced in-person trials.
The Court’s attached September 17, 2020 Order emphasizes that the resumption of jury trials is necessary to protect the rights of criminal defendants, including more than 2,500 indicted defendants who are detained awaiting trial, and for litigants in more than 9,000 ready civil cases. As with all aspects of COVID-19 court operations, the New Jersey courts will resume hybrid jury trials in a manner that supports the health and safety of all court users.
The Court’s September 17, 2020 Order clarifies and supplements the provisions of the Court’s July 22, 2020 Order as follows:
The COVID-19 pandemic forced the New Jersey courts to suspend jury trials in mid-March 2020. Since the onset of the public health crisis, the Supreme Court has authorized temporary modifications to jury operations in order to safely resume criminal and civil jury trials as necessary to protect the rights of the people of New Jersey. This notice provides a comprehensive update on the rollout of hybrid jury trials, which will include primarily virtual selections and socially distanced in-person trials, and answers questions posed by attorneys and jurors.
The New Jersey courts currently are conducting limited on-site court proceedings, with in-person socially distanced jury trials scheduled to begin in late September 2020. Consistent adherence to public health requirements remains critical to supporting the health and safety of all court users. At the same time, attorneys and clients must have appropriate methods to communicate with the judge and privately during in-person court proceedings. To that end, this notice provides a list of approved options for sidebar communications and confidential attorney-client communications during jury trials and other on-site proceedings. Additional options may be considered on a case-by-case basis, with court approval, taking into consideration facilities and individual participant needs (including language access services and ADA accommodations).
As of this date we would like to update you on COVID-19 procedures and information regarding the partial reopening of the courthouse. Please note the following:
There have been major safety and health measures taken with respect to the reopening:
We will continue to provide you with updates in the future. I wish to thank your President, Joseph Maurice and your Executive Executive Director, Frank O’Marra, for their efforts to bring updated information to the Bergen Bar members.