This Supplement to Directive # 6-03 (“Implementation of Criminal Division Court Event
Forms,” issued July 22, 2003) promulgates a revised Arraignment/Status Conference Order form
(Attachment 1 to Directive #6-03).
In State v. Nuñez-Valdẽz, 200 N.J. 129 (2009), the Supreme Court instructed that the plea
form should inform a non-citizen defendant that "if your plea of guilty is to a crime considered an
aggravated felony under federal law you will be subject to deportation/removal." 200 N.J. at 144.
The Court also determined "that the form should instruct defendants of their right to seek legal
advice regarding their immigration status." Ibid. Those revisions to the plea forms have been
promulgated by Directive #08-09.
The Conference of Criminal Presiding Judges is of the view that the defendant and
defense counsel should be aware of and discuss potential immigration consequences early in the
court process before a guilty plea or trial is considered. So doing will reduce the chances that this
issue will delay case-processing. The Conference thus recommended a revision to the
Arraignment/Status Conference Order form as well so as to include a statement (#7 on the form)
alerting counsel to the issues raised by the Nuñez-Valdẽz decision, including the defendant’s
right to seek advice on his/her immigration status. Attached is the revised Arraignment/Status
Conference Order form reflecting this additional language. This revised form of order supersedes
the version attached to Directive # 6-03, effective immediately.
Any question or comments regarding this revised form of Arraignment/Status Conference
Order may be directed to the Criminal Practice Division at 609-292-4638.
[Revised form of order promulgated by August 20, 2010 Supplement to Directive # 6-03.]
SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, CRIMINAL PART, ___________ VICINAGE
(To be executed on day of Arraignment/Status Conference)
STATE OF NEW JERSEY INDICTMENT NO. __________________________
vs. PROS. NO. _________________________________
_________________________
(Defendant)
ARRAIGNMENT/STATUS CONFERENCE ORDER
Status: Jail _______ Bail _________
An arraignment/status conference was held on ___________________________, 20_____. As a result thereof,
it is hereby ORDERED:
1. PLEA OFFER: Terms of plea agreement offered by the State: __________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
2. DISCOVERY: STATE All Discovery has been provided.
The following Discovery is to be provided: ____________
________________________________________________________________
________________________________________________________________
DEFENSE No Discovery has been provided.
All Discovery has been provided.
The following Discovery is to be provided: ____________
________________________________________________________________
________________________________________________________________
All Discovery shall be completed no later than _____________________________________, 20 ____.
3. CO – DEFENDANT STATUS: _______________________________________________________
___________________________________________________________________________________
4. MOTION: With the exception of Sands/Brunson, all DISPOSITIVE motions shall be heard prior to the
imposition of the plea cutoff and execution of the TRIAL MEMO.
Dispositive Motions: _________________________________________________________________
___________________________________________________________________________________
Non-Dispositive Motions: _____________________________________________________________
___________________________________________________________________________________
5. All motions must be filed no later than _________________________________, 20____
The State's brief must be filed no later than _________________________________, 20____
[Revised form of order promulgated by August 20, 2010 Supplement to Directive # 6-03.]
The Defense brief must be filed no later than _________________________________, 20 ___
6. Hearings on motions in this case shall be conducted as follows:
Dispositive Motions – on _________________, 20___ at ________AM or ________PM
Non Dispositive Motions
immediately before trial on _________________, 20___ at ________AM or ________PM
7. Defense counsel is to discuss with the defendant his/her immigration status, the potential consequences
of a guilty plea or conviction and his/her right to seek legal advice on his/her immigration status.
(State v. Nunez-Valdez, 200 N.J. 129 (2009).)
8. PLEA CUT OFF DATE: __________________________________, 20___.
9. Immediately upon conclusion of the hearing and disposition of DISPOSITIVE motions, all cases as to
all defendants that are not disposed of by plea or dismissal shall be immediately scheduled for trial, with
the plea cutoff imposed.
10. STATUS CONFERENCE: The parties shall next appear and be ready for the next Status
Conference on: _____________________________, 20___.
_
A FAILURE TO APPEAR ON THE DATE AND TIME SPECIFIED HEREIN WILL RESULT
IN THE ISSUANCE OF A BENCH WARRANT AND THE FORFEITURE OF BAIL.
11. OTHER: ___________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________ ___________________________________
Prosecutor (print name) Defense Counsel (print name)
___________________________________ ___________________________________
Signature Signature
___________________________________________________
HONORABLE , J.S.C.
Original: Court File Pink: Prosecutor Gold: Defense Counsel COPY: CCMO
