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Category Archives: Criminal

NOTICE: New Jersey Courts Post-Pandemic Plan – Transition from Phase 1 (Remote Operations) to Phase 2 (Limited Onsite Presence and In-Person Court Events)

Author By J.G.Posted on

NOTICE TO THE BAR

The Supreme Court has approved the first part of the New Jersey Courts Post-Pandemic Plan (Plan) for transitioning from fully remote court operations (Phase 1) to the gradual return to courthouse and court facilities (Phase 2). The New Jersey courts will begin the incremental implementation of Phase 2 starting on Monday, June 22, 2020.

The Judiciary developed the comprehensive plan for safely resuming in-person court services in collaboration with Judiciary stakeholders, including representatives and Families, as well as the Attorney General, Public Defender, Sheriff Association, Warden Association, State Bar Association, and Legal Services, as well as judges and court staff.

The Plan memorializes our current Phase 1 status and the factors considered in determining to proceed to Phase 2. Iy outlines the precautions that have been and will be implemented before our buildings are opened for any in-person proceedings, including requirements to wear masks in non-private areas and to maintain social distancing as set forth in the Court’s June 9, 2020 Order. As noted, the Plan also lists those events that in Phase 2 will continue to be conducted remotely and those events that may, consistent with Supreme Court guidance, be conducted onsite.

The Plan for moving forward to Phase 2 is posted on the New Jersey courts public website (njcourts. gov).

As we have throughout the COVID-19 public health emergency, the Judiciary will continue to provide information and guidance to attorneys, litigants, and members of the Public regarding the status of court facilities and operations. We will issue additional information, including on the subsequent transitions to Phase 3 and 4, as soon as available.

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

Acting Administrative Director of the Courts

Dated: June 10, 2020

Notice – NJ Courts Post-Pandemic Plan – Transition from Phase 1 to Phase 2 – Notice Dated 06-10-20.pdf

NJ Courts Post Pandemic Plan Powerpoint Slides – Transition from Phase 1 to Phase 2 – As Issued 06-10-20.pdf

NOTICE: COVID-19 All Persons in Judiciary Facilities for Judiciary Business Required to Wear Masks or Face Coverings and Maintain Social Distancing

Author By J.G.Posted on

NOTICE OF THE BAR

The Supreme Court by Order dated June 9, 2020 is requiring that all persons who enter or occupy courthouses or court facilities for Judiciary business, 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). The Court’s June 9, 2020 is attached.

The Court’s Order applies statewide, including in courtrooms in the Municipal Courts. Its provides for exceptions for persons who require accommodations. The Order permits removal of face masks by judges and court staff in private areas so long as social distancing guidelines are maintained. The Order also provides that judges have discretion to remove their face coverings or masks when on the bench, and to direct others to do so, so long as social distancing are maintained.

The June 9, 2020 Order is effective immediately.

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

Acting Administrative Director of the Courts

Dated: June 10, 2020

Notice and Order – Requirement That All Persons in Judiciary Facilities for Judiciary Business Wear Masks or Face Coverings and Maintain Social Distancing – 6-10-20 notice and 06-09-20 order – corrected.pdf

NOTICE: Virtual Grand Jury Pilot Program – Consent Not Required to Proceed

Author By J.G.Posted on

The Supreme Court by Notice and Order dated May, 14, 2020 authorized a pilot program for virtual (video) grand jury sessions, starting in Bergen and Mercer counties. Grand jurors in the pilot program are administered a supplement to the standard grand jury charge and required to swear or affirm a supplement to the secrecy oath regarding participation in virtual (video) grand jury proceedings. In furtherance of exploring this virtual option for grand juries to convene during the ongoing COVID-19 crisis, the Supreme Court has modified the parameters of the pilot program so as to eliminate the requirement that cases can only be presented to a grand jury convening remotely if the defendant has consented to proceeding remotely.

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

Acting Administrative Director of the Courts

Dated: June 8, 2020

Notice – Virtual Grand Jury Pilot Program – Elimination of Consent Requirement – As Signed – 06-08-20.pdf

Order – Virtual Grand Jury Pilot Program – Elimination of Consent Requirement – Order Dated 06-04-20.pdf

NOTICE: Virtual Grand Jury Pilot Program – Elimination of Consent Requirement

Author By J.G.Posted on

SUPREME COURT OF NEW JERSEY

     The Supreme Court by Order dated May 14, 2020 authorized a pilot program for virtual (video) grand jury proceedings, as recommended by the Supreme Court Working Group on Remote Grand Jury Operations (Working Group). The pilot program incorporates safeguards to ensure the secrecy and solemnity of grand jury proceedings, including supplements to the grand jury charge and oath of secrecy, as codified in a May 15, 2020 supplement #23-06.

The identified pilot counties (Bergen and Mercer) have taken all necessary steps to prepare for implementation of virtual grand jury proceedings. Working with the County Prosecutors, the grand juries have received additional orientation on the virtual (video) process. The supplemental charge to the grand jury has been administered, and all grand jurors have sworn or affirmed the supplement to the oath of secrecy. Read More

NOTICE: In the Matter of the Request to Modify Prison Sentences, Expedite Parole Hearings, and Identify Vulnerable Prisoners

Author By J.G.Posted on

SUPREME COURT OF NEW JERSEY

This matter having come before the Court on the request for relief filed jointly by the New Jersey Office of the Public Defender and the American Civil Liberties Union of New Jersey, seeking the Court’s consideration of a proposed Order to Show Cause designed to address the release of certain individuals serving sentences in state prisons and juvenile facilities; and

The parties having filed briefs consistent with the Court’s order dated May 11,2020; and Read More

NOTICE: Third Omnibus Order on Court Operations & Legal Practice

Author By J.G.Posted on

NOTICE TO THE BAR

The Supreme Court today issued its Third Omnibus Order on Court Operations and Legal Practice in response to the ongoing COVI D-19 pandemic. A copy of the Order is attached.

This May 28, 2020 Third Omnibus Order addresses all provisions of the April 24, 2020 Second Omnibus Order (and the May 15, 2020 clarification order). It continues some of those provisions through June 14, 2020, affirms that other provisions remain in full force and effect, and lists those provisions that have concluded. Read More

NOTICE: STANDING ORDER 2020-12 – Court Operations Under the Exigent Circumstances Created by COVID-19

Author By J.G.Posted on

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

NOTICE: STANDING ORDER 2020-13 – Use of Face Covering/Masks Due to COVID-19

Author By J.G.Posted on

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: Guidance for Megan Law’s Proceedings During the COVID-19 Pandemic

Author By J.G.Posted on

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 [email protected] or by phone at 609-815-2900 ext. 55300.

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

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