Wednesday, August 19, 2009

GUIDELINES FOR OPERATION OF PLEA AGREEMENTS IN THE MUNICIPAL COURTS OF NEW JERSEY

APPENDIX TO PART VII

GUIDELINES FOR OPERATION OF PLEA AGREEMENTS
IN THE MUNICIPAL COURTS OF NEW JERSEY

GUIDELINE 1. ... no change
GUIDELINE 2. ... no change
GUIDELINE 3. PROSECUTOR’S RESPONSIBILITIES.

Nothing in these Guidelines should be construed to affect in any way the
prosecutor's discretion in any case to move unilaterally for an amendment to the
original charge or a dismissal of the charges pending against a defendant if the
prosecutor determines and personally represents on the record the reasons in
support of the motion. The prosecutor shall also appear in person to set forth
any proposed plea agreement on the record [, except when the original charge is
listed on the Statewide or local Violations Bureau Schedule]. [In that event]
However, with the approval of the municipal court judge, in lieu of appearing on
the record, the prosecutor may submit to the court a Request to Approve Plea
Agreement, on a form approved by the Administrative Director of the Courts,
signed by the prosecutor and by the defendant. Nothing in this Guideline shall be
construed to limit the court's ability to order the prosecutor to appear at any time
during the proceedings.

GUIDELINE 4. ... no change

SUPREME COURT COMMENT ... no change