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.
