Directive# 33-17
(1) Revised Arraignment/ Initial Case Disposition Conference
Order and (2) Plea Cut-Off Exception Form December 18, 2017
This superseding Directive promulgates (1) the revised form Arraignment/Initial Case Disposition Conference Order and (2) the revised form Request to Plead Case off the Trial List as a Plea Cut-Off Exception (Plea Cut-off Exception). The two revised forms supersede the forms as originally promulgated by Directive # 6-03 ("Implementation of Criminal Division Court Event Forms").
Directive # 6-03, issued on July 22, 2003, promulgated an Arraignment/Status Conference Order form and a Plea Cut-Off Exception form. Those forms were issued in response to a series of recommendations regarding the use of standardized statewide forms in the Report of the Conference of Criminal Presiding Judges and Criminal Division Managers on Backlog Reduction (Backlog Report). That Report was approved by the Judicial Council on October 31, 2002.
(1) Arraignment/Initial Case Disposition Conference Order
The original Arraignment/Status Conference Order form was promulgated to conform with the requirements for that court proceeding in R. 3:9-1(c). Thereafter, that form order was superseded by the forms issued in the Supplements to Directive # 6-03 dated on August 20, 2010, June 26, 2013, and the May 26, 2016.1 All prior versions are superseded by the attached
Paragraph #7 was added in the August 20, 2010 order upon the recommendation of the Conference of Presiding Judges in accordance with State v. Nunez-Valdez, 200 N.J. 129, 144 (2009), in which the Supreme Court requested that the plea form instruct defendants of their right to seek legal advice regarding their immigration status. The Conference was of the view that the defendant and defense counsel should discuss potential immigration consequences early in the court process. Paragraph # 7 was added to alert defense counsel to discuss with the defendant his/her immigration status, the potential consequences of a guilty plea or conviction and the right to seek legal advice on his/her immigration status .
RichardJ.HughesJusticeComplexO POBox037°Trenton,NewJersey08625-0037
Administrative Office of the Courts
Directive# 33-17
Criminal - (1) Revised Arraignment/ Initial Case Disposition Conference Order and (2) Plea Cut-Off Exception Form Page2
Criminal - (1) Revised Arraignment/ Initial Case Disposition Conference Order and (2) Plea Cut-Off Exception Form Page2
Arraignment/Initial Case Disposition Conference Order form. This new version includes the following revisions recommended by the Conference of Criminal Presiding Judges: (1) the place of birth question was eliminated in paragraph 7a; and (2) "review of conditions of pretrial release" was added to the list of consequences for a failure to appear in court in paragraph 10.
(2) Plea Cut-Off Exception Form
The original form Request to Plead Case off the Trial List as a Plea Cut-Off Exception was recommended by the Conference of Presiding Judges in November 2002. It was the view of the Conference, as expressed in the Backlog Report, that the "key to a solid trial list is strict adherence to the policy established by the Supreme Court in the plea cut-off rule." R. 3:9-3(g). Only formatting revisions are being made to this form.
Attached are the revised form Arraignment/Initial Case Disposition Conference Order (Attachment 1) and the Plea Cut-Off Exception form (Attachment 2). The June 26, 2013 order added new paragraph #7b advising defense counsel to discuss with the defendant whether he or she may be a candidate for sentencing to drug court.
The May 26, 2016 order included a series of amendments because of Criminal Justice Reform: (1) replaced "arraignment/status" conference with the "arraignment" and initial, final, and discretionary disposition conferences to conform with amendments to R. 3:9-1; (2) updated references to "monetary" bail and "conditions of pretrial release" in the defendant's status optlons; (3} added place of birth in paragraph 7a; (4} eliminated former paragraph 9, which required cases to be scheduled for trial immediately after disposition of dispositive motions, and designated former paragraph 10 on the plea cutoff date as paragraph 9; and (5} added paragraph 10 to confirm that the defendant was fingerprinted and the case was included in the defendant's criminal history.
source http://www.judiciary.state.nj.us/notices/2017/n171220i.pdf
