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Category Archives: Criminal

NOTICE TO THE BAR: DISCLOSURE OF TRAVEL TO IMPACTED STATE

Author By J.G.Posted on

The Bergen County Judiciary, in conjunction with the New Jersey Judiciary, is continuing to take preventive measures to reduce risks of exposure to and transmission of the COVID-19 coronavirus.  We continue to handle as many matters as possible by telephone, Zoom or Teams platforms.  However, during Phase II of operations certain in-person proceedings are being scheduled.

This is a reminder, especially during the peak of the vacation season, that should you have an in-person proceeding scheduled and have travelled to a quarantine impacted state as contained on New Jersey’s updated Quarantine Advisory, it is incumbent upon you to inform the court as soon as possible to allow for an appropriate quarantine time period.

Please know that you will not be permitted entry into the courthouse facilities until the required 14 day quarantine period has expired from the time of your last contact within the identified state.

We are being vigilant in our efforts to ensure the safety of all in the courthouse.  Therefore, in addition to the disclosure of travel to an impacted state, you have an obligation to disclose whether you have experienced:

  1. Fever (A Temperature of 100.4 degrees Fahrenheit or greater);
  2. Symptoms (Cough, shortness of breath, difficulty breathing, chills, sore throat, muscle aches and pains, loss of taste or smell, any other unexplained illness);
  3. Close contact with anyone who has exhibited any of these symptoms; or
  4. Whether someone in your household or someone you have been in close contact that has tested positive for COVID-19 (Close contact with an infected person means within 6 feet for 10 minutes or more).

Your cooperation in keeping our courthouse safe for all who enter is much appreciated.

/s/ Bonnie J. Mizdol, A.J.S.C.

Dated: August 26, 2020

NOTICE: Motion Calendar Changes

Author By J.G.Posted on

The new clerks will begin their 53 weeks of service on August 25th.  There will be overlap of law clerks from August 25th to August 31st.

Due to the change in the date for the Bar Examination, now October 5th and 6th, the new clerks will be off from September 28th through October 2nd  to study and the additional two days for the exam on October  5th and 6th.

Because the rescheduling of the Bar impacts motion calendars, the motion calendars will be adjusted as follows:

Original Dates         New Dates

August 7th                     August 7th to remain the same

August 21st                   August 28th to allow for a motion day overlap

September 4th             September 11th to allow new clerks to prepare 1st motion calendar

September 18th           September 25th

October 2nd                 October 16th to allow law clerks to study and take the exam

October 30th               October 30th to remain the same

NOTICE: Seventh Omnibus Order on Court Operations and Legal Practice – Concluding Certain General Extensions; Continuing Individualized Adjustments

Author By J.G.Posted on

The Supreme Court has issued its Seventh Omnibus Order on Court Operations and Legal Practice during the ongoing COVID-19 pandemic. A copy of the Order is attached.

This July 24, 2020 Seventh Omnibus Order continues certain adjustments necessitated during the COVID-19 period, including the prioritization of remote proceedings and permission for electronic signatures, remote depositions, and electronic service on the State of New Jersey. It also concludes certain blanket suspensions and extensions (including as to discovery involving experts, affidavits of merit, relaxation of Rule 4:86 regarding guardianships of incapacitated persons, and depositions and appearances by medical professionals) while permitting extensions based on the facts and circumstances of an individual case.

The July 24, 2020 Seventh Omnibus Order includes the following key provisions:

  • Jury Trials. Authorizing new jury selections and new jury trials starting on or after September 21, 2020, with selections to be conducted in a primarily virtual format and trials to be conducted in person with social distancing, consistent with the Court’s July 22, 2020 Order;
  • Grand Jury. Providing for the virtual selection of new grand jury panels on or after September 21, 2020;
  • Criminal. Continuing excludable time provisions through September 20, 2020;
  • Special Civil Part. Clarifying that Special Civil Part (DC) and Small Claims (SC) proceedings including trials can be conducted remotely with or without consent;
  • Family – Quasi-Criminal. Providing that Family quasi-criminal (FO) trials shall proceed remotely only with the consent of the parties, and in the absence of consent such matters will proceed in person;
  • Family – Domestic Violence. Amending Phase 2 of the Judiciary’s Post Pandemic Plan to allow applicants seeking a domestic violence restraining order to appear at court without an appointment; and
  • Municipal Courts. Confirming that Municipal Court sessions will be conducted primarily using remote technologies, although in limited circumstances in-person sessions may be conducted, including for complex matters such as DWI trials and certain cases involving a consequence of magnitude.

Questions about this notice or the Court’s Seventh Omnibus Order may be directed to the Office of the Administrative at the Courts at (609) 376-3000.

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

Acting Administrative Director of the Courts

Dated: July 24, 2020

NOTICE Seventh Omnibus Order on Court Operations and Legal Practice – Concluding Certain General Extensions; Continuing Individualized Adjustments.pdf

NOTICE: Emergent Covid Criminal Judges’ Calendar for August, 2020

Author By J.G.Posted on

Our Criminal Part judges continue to handle criminal matters by utilizing technology to enable the parties to appear remotely.

I have assigned our Criminal Part judges to handle emergent matters for the month of August as set forth in the schedule listed below.  Of course, this schedule is subject to any Phase 3 changes that may be implemented.

The schedule is as follows:

August

3,4 – Judge Kazlau/Judge Wilcox/ Judge Steele

5,6 – Judge Foti/Judge Bachmann/Judge Steele

7 – Judge Vinci/Judge Steele

10 – Judge Catuogno/Judge Wilcox/Judge Sattely

11,12 – Judge Catuogno/Judge McGrogan/Judge Sattely

13,14 – Judge Kazlau/Judge Wilcox/Judge Sattely

17,18 – Judge Foti / Judge Bachmann / Judge Sattely

19,20 – Judge Vinci / Judge Sattely

21,24 – Judge Catuogno / Judge McGrogan / Judge Sattely

25,26 – Judge Kazlau / Judge Wilcox / Judge Sattely

27,28 – Judge Foti / Judge Bachmann

NOTICE: Criminal and Civil Jury Trials to Resume Incrementally Using a Hybrid Process With Virtual (Video) Jury Selection and Socially Distanced In-Person Trials

Author By J.G.Posted on

The Full Order and Notice is attached below for your convenience.

The Supreme Court has authorized the incremental resumption of new Civil and Criminal jury trials, which have been suspended for more than four months because of the ongoing COVID-19 pandemic. Attached to this notice are the Court’s July 22, 2020 Order and the Report on Resuming Jury Trials.

Atlantic/Cape May, Bergen, and Cumberland/Gloucester/Salem will be the first Vicinages to resume certain jury trials, beginning with Criminal trials involving a single detained defendant. Over the coming months, trials will gradually resume in all counties and will expand to include Civil as well as Criminal cases.

Overview

Read More

NOTICE: Relaxation to Rule 1:40-12(b) – Virtual (Video) Training For Complementary Dispute Resolution – Temporary Relaxation of Rule 1:40-12(b) (“Mediator Training Requirements”)

Author By J.G.Posted on

The Supreme Court by Order dated June 30, 2020 has relaxed Rule 1 :40-12(b) (“Mediator Training Requirements”) to temporarily allow mediator training to be conducted virtually (by video) rather than only in an in-person classroom format. The Court’s June 30, 2020 Order is attached.

Rule 1 :40-12(b) establishes mediator training requirements, including the 18-hour basic mediation training and an additional 22 hours (for a total of 40 hours) for mediators on the family roster and the civil, general equity, and probate roster. The rule requires “classroom” courses for the basic and specialized mediation and complementary dispute resolution (CDR) trainings, which courses historically have been conducted in person.

In-person trainings have been suspended during the COVID-19 crisis based on public health requirements. Over the past several months, the Judiciary has converted classroom-based curricula to support virtual mediation and CDR courses, including by using virtual breakout rooms to enable small groups to engage in interactive exercises and role plays. The Court’s June 30, 2020 Order will enable mediator trainings to resume in a virtual format during the COVID-19 crisis while social distancing requirements restrict in-person gatherings.

Questions on this notice should be directed to Kathleen Gaskill, Manager of CDR and Volunteer Programs, at [email protected].

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

Acting Administrative Director of the Courts

Dated: July 7, 2020

NOTICE: Mediator Training to be Conducted Virtually.pdf

Emergent Covid Calendar for Criminal Judges for the Month of July, 2020

Author By J.G.Posted on

Our Bergen County Criminal Part Judges are handling Criminal matters by utilizing technology to enable the parties to appear remotely.  In addition, our Criminal Part judges are assigned to handle emergent matters for the month of July. Of course, this schedule is subject to change if the Courthouse opens to the public sooner. The schedule is as follows:

 

JULY

  • 1,2                         Judge Foti/Judge Bachmann
  • 3                            Holiday
  • 6,7                         Judge Vinci/Judge Sattely
  • 8,9                         Judge Catuogno/Judge McGrogan
  • 10,13                     Judge Kazlau /Judge Wilcox
  • 14,15                     Judge Foti/Judge Bachmann
  • 16,17                     Judge Vinci/Judge Sattely
  • 20,21                     Judge Catuogno/Judge McGrogan
  • 22,23                     Judge Kazlau/Judge Wilcox
  • 24,27                     Judge Foti/Judge Bachmann
  • 28,29                     Judge Vinci/Judge Sattely
  • 30,31                     Judge Catuogno/Judge McGrogan

NOTICE: Virtual Grand Jury Pilot Program – Expansion to State Grand Jury

Author By J.G.Posted on

The Supreme Court by Orders dated May 14, 2020 and June 4, 2020 authorized a pilot program for virtual grand jury sessions, starting in Bergen and Mercer Counties. By Order dated June 9, 2020, the Court expanded that pilot program to also permit selection (empanelment) of grand juries in a virtual format.

In both pilot counties, matters have been presented and indictments returned. Based on the results in the two pilot counties, the Division of Criminal Justice in the Department of Law and Public Safety expressed interest in conducting State Grand Jury proceedings in a virtual format. Accordingly, the Court has authorized the expansion of the virtual grand jury pilot program to enable existing State Grand Jury panels to reconvene in a virtual format.

Technology funded by the Attorney General and configured and administered by the Judiciary will be supplied to State grand jurors where necessary to enable participation in the virtual grand jury proceeding.

The Court’s June 25, 2020 Order is attached.

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

Acting Administrative Director of the Courts

Dated: June 25, 2020

NOTICE Virtual Grand Jury Pilot Program – Expansion to State Grand Jury.pdf

NOTICE: Fifth Omnibus Order on Court Operations and Legal Practice

Author By J.G.Posted on

The Supreme Court has issued its Fifth Omnibus Order on Court Operations and Legal Practice during the ongoing COVID-19 pandemic. A copy of the Order is attached.

This June 25, 2020 Fifth Omnibus Order follows the format of the earlier Omnibus Orders. It continues certain suspensions and extensions through July 12, 2020 and affirms that other provisions remain in full force and effect.

The Fifth Omnibus Order concludes the restrictions on the Office of Foreclosure as established in earlier Omnibus Orders, meaning that in addition to non-dispositive motions (e.g., motions to substitute plaintiff, motions to enter default, motions for surplus funds and motions to correct defendant), the Office of Foreclosure now may recommend judgments or dispositive motions received on or after March 1, 2020.

As the COVID-19 pandemic continues and based on developments in the coming weeks, the Court will revisit the provisions of the Fifth Omnibus Order and make adjustments as appropriate.

Questions about this notice or the Court’s Fifth 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: June 25, 2020

NOTICE Fifth Omnibus Order on Court Operations and Legal Practice.pdf

NOTICE: Virtual Grand Jury Pilot Program – Expansion to Grand Jury Selection (In Addition to Sessions)

Author By J.G.Posted on

NOTICE TO THE BAR

The Supreme Court by Orders dated May 14, 2020 and June 4, 2020 authorized a pilot program for virtual grand jury sessions, starting in Bergen and Mercer Counties.

By Order dated dated June 9, 2020, the Court expanded that pilot program to also permit selection (empanelment) of grand juries in a virtual format, either in the initial pilot counties or in other counties. To bridge the digital divide, technology configured and administered by the Judiciary will be supplied to grand jurors where necessary to enable participation in the virtual selection using a smartphone or other technology with camera functionality, although a larger-screen device must be used for grand jury sessions.

The Court’s June 9, 2020 Order is attached.

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

Acting Administrative Director of the Courts

Dated: June 12, 2020

Virtual Grand Jury Pilot Program – Expansion to Grand Jury Selection (In Addition to Sessions).pdf

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