April 20 Supreme Court Order
COVID-19- UPDATED GUIDANCE ON REMOTE PROCEEDINGS IN THE TRIAL COURTS; OPTIONS FOR OBSERVING COURT EVENTS AND OBTAINING VIDEO AND AUDIO RECORDS; COURT AUTHORITY TO SUSPEND THE COMMENCEMENT OF CERTAIN CUSTODIAL TERMS
The Supreme Court has issued updated comprehensive updated guidance regarding remote proceedings in the trial courts during the COVID-19 pandemic. A copy of the Court's April 20, 2020 Order is online at https://njcourts.gov/notices/2020/n200420a.pdf?c=wa1
Most Proceedings to Continue Using Remote Options - Consent Required Only for Certain Matters
The Order reinforces that most court events that can be conducted using video or phone options will proceed, even over the objection of an attorney or party. However, the following court matters will proceed remotely only with the consent of all parties: (a) sentencing hearings in Criminal, Family, and Municipal matters; (b) juvenile delinquency adjudications; (c) evidentiary hearings and bench trials in Criminal matters; (d) evidentiary hearings and trials in Municipal matters that involve a reasonable likelihood of a jail sentence or loss or suspension of license; (e) termination of parental rights trials; and (f) hearings for an adjudication of incapacity and appointment of a permanent guardian. The Court's Order comports with current practice and supports the continuity of routine as well as emergent court functions during the COVID-19 crisis.
Livestreaming Technology Primarily Allocated for Criminal Matters
Over the past month, the New Jersey courts have leveraged technology to enable remote proceedings in all divisions of the trial courts as well as in the Supreme Court, Appellate Division, and Tax Court. Our utilization of technology to advance the work of the courts is considered to be a national model. Nevertheless, our resources are finite, and the Court has determined to prioritize livestreaming for most criminal matters and to permit livestreaming for court events in other divisions based on an individualized determination.
Real-Time Access to Court Events Available in All Divisions
The April 20 Order provides that interested persons may request real-time access to observe events that are not livestreamed (so long as those events are not proscribed from public access). Requests to observe an event that is not livestreamed should be directed to the judge handling the matter. Requests should be submitted in advance by email if possible. An individual permitted to observe a court event in real- time must comply with the Supreme Court Guidelines on Electronic Devices in the Courts and other applicable Judiciary policies that prohibit the unauthorized transmission of video, audio, or photographic records absent specific written permission of the Assignment Judge or designee.
Additional Options for Obtaining Audio or Video Records of Court Events
Records of remote court proceedings will continue to be available according to . longstanding Judiciary policies. Requests for an audio record on a CD should be submitted to the vicinage transcript office along with the required $10.00 fee.
In addition to this established process, the Order provides that individuals may obtain a video or an audio record of a remote court event, and the timeframe for providing that record will be expedited for victims. The Administrative Director will promulgate a form for individuals to request an electronic (video or audio) file of a court event, free of charge. Requests and responses will be submitted using email, and the requesting party will receive a password to access the electronic file. Individuals who obtain a video or audio record of a court event conducted remotely must comply with all applicable Judiciary policies, again including the Supreme Court Guidelines on Electronic Devices in the Courts.
Events Guidance for All Divisions
The Court has delegated to the Administrative Director responsibility to develop and maintain lists of typical events in each division of the trial courts (Civil, Criminal, Family, and Municipal) with information as to the remote options (Zoom, Scopia, Microsoft Teams, phone) that may be used for those events. A first iteration of this detailed events guidance will be posted in the attorney and self-help sections of the Judiciary's public website.
The lists are intended to provide guidance to attorneys and parties as to whether their court matter likely or possibly will be livestreamed, in part so that requests to livestream (or not livestream) can be addressed in advance. The lists also will assist attorneys in determining whether to request use of a particular technology, including to accommodate interpreting needs or other issues. The events guidance will be refined in the coming weeks, and court users should consult the Judiciary's website for the most current version.
Authority to Stay the Commencement of Certain Custodial Terms
The Court previously has recognized the harms attendant to detention in jails and other facilities during the COVID-19 pandemic. To that end, the April 20 Order authorizes judges to stay the commencement of certain custodial terms in Criminal, Family, and Municipal matters, as well as to stay adjudications to secure placements in juvenile delinquency matters. The Order requires detailed notice to victims to ensure an opportunity to participate in the sentencing hearing or to object to the scheduling or method of proceeding.
