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Category Archives: Criminal

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

STANDING ORDER 2020-12

IN RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19, SUPERSESSION OF STANDING ORDERS 2020-02, 2020-03, 2020-04 AND 2020-09

WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency in response to the coronavirus (COVID-19) pandemic;

WHEREAS, in response to the spread of COVID-19, on March 9, 2020, the Governor of the State of New Jersey declared a State of Emergency of indefinite duration and a Public Health Emergency, which the Governor has extended through at least June 5, 2020; Read More

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

STANDING ORDER 2020-13

IN RE: USE OF FACE COVERINGS/MASKS: DUE TO COVID-19

WHEREAS, the President of the United States has declared a National Emergency, and the Governor of the State of New Jersey has declared a State of Emergency and a Public Health Emergency throughout the State, in response to the coronavirus (COVID-19) pandemic;

WHEREAS, the U.S. Centers for Disease Control and Prevention (CDC) and other public health authorities have advised taking precautions to reduce the possibility of exposure to COVID-19 and to slow the spread of the disease; Read More

NOTICE TO THE BAR

In response to the ongoing COVID-19 public health emergency, 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. To that end, the Judiciary has transitioned to a court system in which many matters are proceeding via video or telephone during the COVID-19 coronavirus pandemic. Because this need may continue for many months based on current information, Megan’s Law proceedings should be conducted remotely by video or telephone for public safety and notification to the public about sex offenders. Therefore, I am issuing the attached guidance for judges to consider when deciding which Megan’s Law proceedings can be handled remotely by video or telephone during this COVID-19 crisis.

In making this determination, Megan’s Law judges and designated court staff should work with their Megan’s Law prosecutors and public defenders to review all cases pending judicial review. Private counsel should also be consulted, as matters with defense counsel for the most part should be able to proceed remotely by video or telephone. However, cases with expert testimony may need to be adjourned on a case-by-case basis at the court’s discretion. Where the registrant can only participate remotely by phone, the court should obtain the consent of the parties before conducting the hearing. Cases with registrants who do not have access to telephones, computers, or other electronic devices will need to be adjourned at this time. Alternatively, defense counsel may indicate that the matter can proceed because the registrant has waived the right to be present.

For pro se matters, court staff will need to work with the prosecutor’s office to obtain the registrant’s contact information to send the notices for the scheduled court date. Depending on local practices, the prosecutor’s office may be responsible for providing this information. In those counties, court staff should confirm that notices were sent by the prosecutor’s office, and whether there was a response by the registrant.

Additionally, court staff are responsible for providing the parties with the information on the technology that will be used for the remote proceeding (the link and the instructions to participate remotely via video or phone). The preferred technology for these proceedings is Microsoft Teams.

Any questions regarding Directive #16-20 may be directed to Assistant Director Sue Callaghan (Criminal Practice Division) via email at sue.callaghan@njcourts.gov or by phone at 609-815-2900 ext. 55300.

Directive #16-20 – _Guidance for Megan’s Law Proceedings During the COVID-19 Pandemic.pdf

NOTICE TO THE BAR

The Supreme Court has entered an order clarifying four provisions of the Court’s April 24, 2020 Second Omnibus Order regarding court operations during the COVID-19 crisis.

The May 15, 2020 Order, a copy of which is attached, clarifies the following aspects of remote court operations:

  1. The Office of Foreclosure will continue to review and recommend non-dispositive motions (e.g. , motions to substitute plaintiff, motion to enter default, motion for surplus funds and motions to correct defendant), but will not recommend judgments or dispositive motions received on or after March 1, 2020 pending further court order;
  2. The suspension of the requirement of courtesy copies as already applied to Civil matters also extends to Family matrimonial (FM) matters, meaning that courtesy copies are not required so long as the total submission (including appendices and attachments) does not exceed 35 pages;
  3. The ongoing suspension of trial calendars in Special Civil (DC) and Small Claims (SC) does not prevent attempts to settle those matters or requests in an individual case to proceed to trial. Judges may conduct DC and SC trials remotely with the consent of all parties; and
  4. In addition to certified copies and exemplified copies, and other categories covered by the March 27, 2020 First Omnibus Order, electronic signatures are permitted for documents to which the seal of the court is affixed by the Superior Court Clerk (including but not limited to orders, Judgments of Conviction, Judgments of Divorce, Qualified Domestic Relations Orders, and writs of execution).

Questions on this notice should be directed to the Office of the Administrative Director at (609) 376-3000.

/s/ Hon. Glenn A. Grant, J.A.D.

Administrative Director of the Courts

Dated: May 15, 2020

Notice and Order – Clarification of Four Provisions of the Court’s Second Omnibus Order Regarding Court Operations During the COVID-19 Crisis.pdf

NOTICE TO THE BAR

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 COVID-19 coronavirus pandemic, the New Jersey courts have transitioned from in-person to virtual court proceedings in nearly all areas. However, grand jury sessions have been suspended for two months and remain unable to resume in an in-person format based on public health risks.

The Supreme Court on May 14, 2020 authorized a pilot program for virtual (video) grand jury proceedings in Mercer and Bergen counties, as one method of enabling criminal matters to move forward during this unprecedented crisis. As outlined in the Court’s May 14, 2020 Order, a number of additional safeguards are required before those virtual (video) grand jury sessions can begin. Those precautionary measures include reissuance of the standard charge to the grand jury, plus an additional supplement to that charge, and the requirement that all grand jurors reaffirm their oath of secrecy and swear or affirm a supplement to that oath. Consistent with the Court’s May 14, 2020 Order, this Supplement to Directive #23-06 promulgates on a temporary basis a supplement to Attachment A (grand jury charge) and a supplement to Attachment B (secrecy oath). Those approved supplements will be issued to all grand jurors convening in a virtual (video) format in the pilot counties.

Questions or comments regarding this Directive Supplement should be directed to the Office of the Administrative Director at (609) 376-3000.

Attachments: (1) COVID-19 Supplement to the Charge for Grand Juries

Convening in a Virtual Format (2) COVID-19 Supplement to the Oath of Secrecy for Grand Juries Convening in a Virtual Format

***Please follow the link below to view these additional attachments.***

Supplement to Grand Jury Charge and Oath of Secrecy for the Virtual Grand Jury Pilot Project (Supplement to Directive #23-06).pdf

The Bergen County Criminal Part Judges are handling Criminal Matters by utilizing technology to enable the parties to appear remotely. Please the schedule below for the month of June for the assigned Criminal Part judges to handle emergent matters. Of course, this schedule is subject to change if the Courthouse opens to the public sooner.

  • June 1 and 2: Judge Vinci/Judge Sattely
  • June 3 and 4: Judge Catuogno/Judge McGrogan
  • June 5 and 8: Judge Kazlau/Judge Wilcox
  • June 9 and 10: Judge Foti/Judge Bachmann
  • June 11 and 12: Judge Vinci/Judge Sattely
  • June 15 and 16: Judge Catuogno/Judge McGrogan
  • June 17 and 18: Judge Kazlau/Judge Wilcox
  • June 19 and 22: Judge Foti/Judge Bachmann
  • June 23 and 24: Judge Vinci/Judge Sattely
  • June 25 and 26: Judge Catuogno/ Judge McGrogan
  • June 29 and 30: Judge Kazlau/Judge Wilcox
  • July 1 and 2: Judge Foti/Judge Bachmann
  • July 3: HOLIDAY

NOTICE TO THE BAR

By Order dated May 14, 2020, the Supreme Court authorized empaneled grand juries to reconvene in a virtual (video) format, subject to modified protocols to maintain the secrecy and solemnity of the proceedings. The pilot program will begin promptly in Mercer and Bergen Counties. A copy of the Court’s Order is attached.

The Court’s action implements the recommendation of the Working Group on Remote Grand Jury Operations (Working Group), which includes representatives of the Attorney General’s Office, the Office of the Public Defender, the County Prosecutors Association of New Jersey (CPANJ), the ACLU, the New Jersey State Bar Association (NJSBA), and the private defense bar. The Working Group recommended testing virtual grand jury operations as a first step in restarting those aspects of the criminal justice process that have been stalled due to the COVID-19 pandemic.

Virtual grand jury sessions will be conducted using secure Zoom technology. Court staff will provide training on how to participate in virtual proceedings and real-time technical assistance during sessions. Technological devices and supports also will be provided to jurors as needed to enable effective participation. Consistent with the Court’s Order, a supplemental charge will be issued to the grand jury, and all jurors will be required to swear or affirm a supplement to the standard oath of secrecy regarding confidentiality requirements in a virtual setting.

The Supreme Court will assess the results of the pilot program in determining whether and how to expand virtual grand jury operations to additional counties and State Grand Jury.

Virtual grand jury sessions are another way that the New Jersey courts are ensuring uninterrupted access to justice during the COVID-19 crisis and as we seek to establish a new kind of normal. Questions should be directed to the Office of the Administrative Director at (609) 376-3000.

/s/ Hon. Glenn A. Grant, J.A.D.

Administrative Director of the Courts

Dated: May 14, 2020

Notice and Order – Virtual Grand Jury Pilot Program – As Signed – 05-14-20.pdf

 

 

Follow the link below and read the updated policy from the Supreme Court of New Jersey in regards to the required usage of facemasks when inside courthouses and court facilities. This notice effectively supersedes memos and supplements established on April 3rd and April 17th.

Memo – COVID-19 – Revised Policy on Masks and Face Coverings – As Signed – 05-08-20.pdf

NOTICE TO THE BAR

The New Jersey courts are committed to continuing court operations during and after the COVID-19 public health emergency. Sustaining and expanding meaningful access to justice throughout this unprecedented emergency requires a careful and considered balancing of interests. To that end, by Order dated May 5, 2020, the Supreme Court confirmed that the Judiciary Electronic Document Submission (JEDS) system launched in early April is an approved electronic filing system, and that all documents submitted through JEDS are filed upon receipt and deemed electronically signed.

The JEDs system was established pursuant to Rule 1 :32-2A(a) and serves as an approved electronic filing system for the trial divisions of the Superior Court and for the Tax Court. The electronic signature of documents filed in JEDS, as with the electronic signature of documents filed in eCourts, satisfies the signature requirements of Rule 1:5-6.

By that same May 5, 2020 Order, the Court supplemented and relaxed the filing requirements of Rule 1 :5-6 during the COVID-19 pandemic. Documents are deemed filed once transmitted through eCourts or JEDS. The trial court will issue deficiency notices where a document submission is missing information necessary to proceed with the pending court matter. Filers will be provided ten (10) days following the notice to correct matters covered by Rule 1 :5-6(c)(1) pursuant to the Court’s rule relaxation. For a deficiency that is not corrected, the document will remain filed subject to objections by adversaries and pending a decision by the assigned judge.

Additionally, where a document is electronically filed in the wrong venue, the wrong division, or the wrong case type, the court will redirect that document to the correct venue, division or case type without the need for a court order.

Attorneys are required to file in eCourts where eCourts is available. Those case types for which eCourts is available include Criminal, Civil Law, Special Civil DC, Foreclosure, Family- Children in Court, and Tax Court. Where eCourts is not available for a case type, attorneys must electronically file all documents in JEDS with the trial divisions of the Superior Court and the Tax Court, except that probate and guardianship documents will continue to be filed with the County Surrogate. For non-eCourts case types, attorneys are required to file both emergent and non-emergent matters in JEDS. When an attorney files a document in JEDS where eCourts is available for that case type, the filing will be dismissed by the clerk without a refund of the filing fee.

***A copy of the Supreme Court’s May 5, 2020 Order is attached.*** 

Questions regarding this notice may be directed to Superior Court Clerk Michelle M. Smith at (609) 815-2900 ext. 54200 or michelle.smith@njcourts.gov.

/s/ Hon. Glenn A. Grant, J.A.D.

Acting Administrative Director of the Courts

Dated: May 8, 2020

Notice and Order – COVID-19 – Electronic Filing in eCourts and the Judiciary Electronic Document Submission (JEDS) System – Attorneys Required to File in eCourts Where Available.pdf