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Category Archives: Criminal

NOTICE: Clarifying that Prior Orders Extending Deadlines and Tolling Time Periods Did Not Apply to Pretrial Detention Appeals

Author By J.G.Posted on

SUPREME COURT OF NEW JERSEY

     In response to the ongoing COVID-19 coronavirus pandemic and the need to adhere to crucial social distancing measures recommended by the New Jersey Department of Health (“NJ DOH”) and the Centers for Disease Control (“CDC”), the Court has entered orders, including Orders dated March 17, 2020 and March 27, 2020 (“Omnibus Order”), that inter alia extended deadlines and tolled time periods.

This Order is to clarify that the Court’s extension of deadlines and tolling of time periods as set forth in those earlier orders did not apply to pretrial detention filings, including appeals filed pursuant to Rule 2:9-13 (“Appeals from Orders Granting Pretrial Detention”), responses to those appeals, and motions for leave to appeal pursuant to Rule 2:5-6 (“Appeals from Interlocutory Orders, Decisions and Actions”).

To the extent that a party may have interpreted the tolling provisions of prior orders otherwise, that party may pursue an appeal and submit an accompanying motion to file as within time.

For the Court,

/s/ Stuart Rabner

Chief Justice

Dated: April 9, 2020

Order – COVID-19 – Clarifying That Prior Orders Extending Deadlines and Tolling Time Periods Did Not Apply to Pretrial Detention Appeals.pdf

NOTICE: Sexual Assault Survivor Protection Act of 2015 – Procedure for Obtaining a Temporary Protective Order – Modified to Address COVID-19

Author By J.G.Posted on

NOTICE

     In response to the COVID-19 coronavirus pandemic, 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. Accordingly, the procedures for applying for a SASPA protective order have been temporarily modified.

As part of the new temporary procedures, the Judiciary created the attached application packet to be used by the plaintiff/victim or the parent of a victim to request a SASPA temporary protective order. A parent or guardian may file on behalf of the victim in any case in which the victim (1) is less than 18 years of age; or (2) has a developmental disability or a mental disease or defect that renders the victim temporarily or permanently incapable of understanding the nature of the victim’s conduct, including, but not limited to, being incapable of providing consent.

The packet, which also is posted on the Judiciary’s website (www.njcourts.gov), includes the required forms as well as instructions on how to complete the forms. Once the plaintiff has completed the forms in the packet, they must email them to the Family Division either in the county in which the victim resides, the county in which the defendant resides, or the county where the act occurred. The list of email addresses by each county to be used for this purpose is on page 5 of the Sexual Assault Survivor Protection Act Intake Kit (CN 12590). Family Division staff will promptly review the submitted paperwork that plaintiff has submitted and will contact the plaintiff to coordinate a time for a telephonic or video hearing on the application before a Superior Court judge.

If you are a victim of domestic violence and want to file for a domestic violence restraining order, please contact your local law enforcement agency.

Questions about this notice may be directed to the AOC’s Family Practice Division
at 609-815-2900 ext. 55350.

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

Acting Administrative Director of the Courts

Dated: April 2, 2020

Notice – Sexual Assault Survivor Protection Act of 2015 (SASPA) – Procedure for Obtaining a Temporary Protective Order – Modified to Address COVID-19 – Application Packet.pdf

***Please be advised this packet is intended to only be used during the COVID-19 crisis.***

NOTICE: Directive 10-20 – Process for Search Warrants and Communication Data Warrants in Response to COVID-19

Author By J.G.Posted on

Please follow the link below and the read the attached notice from Hon. Glenn A. Grant, J.A.D. of the Supreme Court of New Jersey published on April 1, 2020. This notice responds to the COVID-19 public health emergency in regards to the process for search warrants and communication data warrants.

Directive 10-20 – Process for Search Warrants and Communications Data Warrants in Response to COVID-19 – 04-01-20.pdf

BERGEN COUNTY JAIL OPERATIONS: Inmate Telephone Conferences

Author By J.G.Posted on

Effective Wednesday, April 1, 2020, at 0800 hours, the Bergen County Jail, in conjunction with the Bergen County Bar Association, will begin to coordinate telephone conferences between attorneys and their incarcerated clients. Attorneys requesting a telephone conference will email the following information for Ms. Keisha McLean ([email protected]):

1)      Attorney’s name

2)      Client’s name

3)      Requested date and time of call

4)      Approximate duration of the call

While we cannot guarantee a particular time slot, we will do our best to accommodate your request, and Ms. McLean will advise of you the approximate time of your scheduled call. Telephone conferences will run from 0800 hours until 1900 hours. We are not placing any restrictions on the duration of the scheduled calls, but please be mindful of the need of your fellow attorneys’ access to their clients. Please contact Frank O’Mara with any questions who will address them with me. Thank you.

/s/ Warden Steven Ahrendt

Office of the Bergen County Sheriff

NOTICE: Continuing the Suspension of Court Proceedings, Extending Deadlines, and Timeframes

Author By J.G.Posted on

COVID-19 CORONAVIRUS – SUPREME COURT’S MARCH 27, 2020 OMNIBUS ORDER CONTINUING THE SUSPENSION OF COURT PROCEEDINGS AND EXTENDING DEADLINES AND TIMEFRAMES THROUGH APRIL 26, 2020

The Supreme Court on March 27, 2020 issued an omnibus order regarding the Judiciary’s response to the COVID-19 Coronavirus public health crisis.

Over the past few weeks, the Court entered a series of orders and notices suspending certain court proceedings, extending deadlines, and tolling time periods because of the practical impossibility of continuing business as usual during this unprecedented emergency caused by the COVID-19 pandemic. The omnibus order extends numerous of those provisions – including the suspension of jury trials, Landlord/Tenant calendars, and all Municipal Court sessions – through April 26, 2020.

In addition to those continuations, the Court’s March 27 Order also takes a number of new steps. In Civil matters, the Order extends deadlines to additional areas, including for filing affidavits of merit in medical and professional malpractice cases and various types of discovery, and it tolls time periods for lack of prosecution dismissals and discovery end dates. Read More

SUPREME COURT: Omnibus Order on COVID-19 from Friday, March 27, 2020

Author By J.G.Posted on

SUPREME COURT OF NEW JERSEY

In response to the growing public health crisis worldwide and in this state involving the COVID-19 coronavirus, the New Jersey Judiciary has implemented various modifications to court operations, including an ongoing transition to video and phone proceedings instead of in-person appearances and related measures intended to minimize in-person contact and adhere to crucial social distancing measures recommended by the New Jersey Department of Health (“NJ DOH”) and the Centers for Disease Control (“CDC”).

In conjunction with those operational changes, the Court has entered a series of orders suspending certain court proceedings, extending deadlines, and tolling time periods because of the practical impossibility of continuing business as usual during this public health crisis. Since the entry of those orders and notices, the effect of the COVID-19 corona virus has continued to increase exponentially, prompting emergency declarations at the national, -state, and county levels, and further disrupting the practice of law and the normal operations of the courts. The Court has reviewed its interim measures and determined that, in the interest of justice, the effective periods must be extended based on current restrictions on movement and activity recommended by the NJ DOH and CDC, as well as provisions of Executive Order 107 (March 21, 2020). Read More

NOTICE: Bergen County Courthouse Emergent Phone Numbers

Author By J.G.Posted on

As you know, there are currently no in-person court proceedings, except for limited emergent matters, because of concerns related to COVID-19. In the event you have an emergent matter in the Bergen Vicinage please call our main telephone number (201) 221-0700.

For Family Division matter per docket type please use the following extension:

DV Matters – 25168

FM Matters – 25237

FJ Matters – 25205

CIC Matters – 25216

For Criminal Division Trial matters please call either extension 25007 or 25008.

For Pretrial matters call extension 25009.

For Civil Division matters please use the following extensions: 25722.

For Child Support matters, please call (877) 655-4371.

For the Fiance Division please call extension 25135 or 25136.

These extensions are being constantly monitored. In the event you leave a voice mail message, you will receive a call back from staff.

 

/s/ Laura Simoldoni,

Trial Court Administrator

Dated: March 24, 2020

NOTICE: In the Matter of Request to Commute or Spend Certain County Jail Sentences

Author By J.G.Posted on

This matter having come before the Court on the request for relief by the Office of the Public Defender (see attached letter dated March 19, 2020), seeking the Court’s consideration of a proposed Order to Show Cause (see attached) designed to commute or suspend county jail sentences currently being served by county jail inmates either as a condition of probation for an indictable offense or because of a municipal court conviction; and

The Court, on its own motion, having relaxed the Rules of Court to permit the filing of this request for relief directly with the Supreme Court, based on the dangers posed by COVID-19, and the statewide impact of the nature of the request in light of the Public Health Emergency and State of Emergency declared by the Governor. See Executive Order No. 103 (2020) (Mar. 9, 2020);

And for good cause shown; it is Read More

NOTICE: Supreme Court-Ordered Mediation Yields Agreement on Release of Low-Risk County Jail Inmates

Author By J.G.Posted on

The Supreme Court issued an order late Sunday night that will suspend or commute county jail sentences for low-risk inmates in light of the public health emergency caused by coronavirus COVID-19.

The order commutes or suspends county jail sentences currently being served by county jail inmates either as a condition of probation for an indictable offense or because of a municipal court conviction. It directs their release no later than 6 a.m. Tuesday.

The Supreme Court on Friday relaxed the rules of the court to accept a petition from the Office of the Public Defender in response to concerns about the spread of COVID-19 in county jails. Read More

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