Monday, September 6, 2021

State Court Locations Fully Open as of August 2, 2021

 State Court Locations Fully Open as of August 2, 2021

All state court locations will reopen to the public as of August 2, 2021, thus concluding the temporary restrictions on public access to the courthouses implemented in response to the COVID-19 pandemic. As of that August 2, 2021 date, individuals may be present in court locations regardless of their involvement in a scheduled court proceeding and without the need for an appointment.

Continued Increase in Staff On-Site Presence; Gradual Expansion of Scheduled In- Person Events

Based on continued improvements in COVID-19 trends throughout New Jersey, on-site presence of judges and state court employees is continuing to increase. As of that same August 2, 2021 date, the Judiciary will resume 75% on­ site court presence in all state court locations. As of September 7, 2021, the Judiciary will increase to 100% on-site staff presence in all state court locations.

Additionally, scheduled in-person court events will continue to expand gradually, with the support of those additional on-site court personnel and consistent with any necessary social distancing considerations.

Public Access to Court Events

Consistent with pre-pandemic practices, individuals who seek to observe court events- including fully in-person, hybrid, and virtual proceedings - in general should be physically present in the court location. Judges will continue to exercise discretion to permit remote viewing options in limited situations, including for interested parties and others who require an accommodation based on individual health needs.

COVID-19 Precautionary and Responsive Measures

Point-of-entry protocols at state court locations instituted during the COVID-19 public health emergency will conclude statewide as of August 2, 2021.

NOTICE TO THE BAR AND PUBLIC

COURT ACCESS -ALL STATE COURT LOCATIONS TO REOPEN TO THE PUBLIC AS OF MONDAY, AUGUST 2, 2021; ON-SITE STAFF PRESENCE TO INCREASE TO 100% AS OF SEPTEMBER 7, 2021

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Individual court locations may continue to require enhanced health and safety measures as applicableincluding if required by the building owner.

To the extent practicablethe Judiciary will continue to provide precautionary notifications to individuals who are identified as having had close contact with a person in a court location who has tested positive for COVID-19 or without other explanation developed symptoms ofthe virus.

Judges will continue to address issues related to COVID-19 based on the circumstancesofanindividualcase. Forexample,ifaparticipantwhois scheduled to appear for an in-person court event advises the court that they have tested positive for the virus, the judge may convert that particular event from an in- person format to a virtual format, or may reschedule the eventas appropriate.

In-Person Jury Proceedings

The Judiciary at present will continue to require face masks (subject to existing exceptions) and social distancing of six feet for in-person jury proceedings. Theserequirementsextendtothein-personphaseofcriminaljury selections, all in-person jury trials, and in-person grand jury sessionsHealth and safety protocols for jury proceedings remain under review and may be adjusted.

Questions about this notice may be directed to the Office ofthe Administrative Director ofthe Courts at (609) 376-3000.

Dated: July 16, 2021

Hon. Glenn A. GrantJ.A.D.
Acting Administrative Director of the Courts

https://www.njcourts.gov/notices/2021/n210716b.pdf?c=o9e

Still required to wear mask at courthouse

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NOTICE TO THE BAR AND PUBLIC
COVID-19 REQUIREMENT TO WEAR MASKS AND MAINTAIN SOCIAL

DISTANCING IN JUDICIARY AREAS OF COURT LOCATIONS

The Supreme Court in its June 9, 2020 Order required that all persons who enter or occupy Judiciary areas of court locations must wear masks and maintain social distancing. The requirement to (1) wear a mask and (2) maintain social distancing is subject to narrow exceptions, including for persons who require accommodations. The Judiciary in a June 17, 2021 notice confirmed the continuation ofthe policy and provided further direction as to the circumstances in which a judge may permit individuals in a courtroom to remove or lower their mask. This notice is to advise as to the consequences for willful violation ofthe Court's policy, which is intended to mitigate against the risks to public health and safety posed by the COVID-19 virus.

A person who enters or occupies a Judiciary location and refuses to wear a mask or maintain social distancing in willful violation of the Supreme Court's policy as set forth in the above-referenced order and notice may be excluded from the court location. Such individual also may be held in contempt of court (Rule

1:10-1). Those provisions do not apply to individuals who are exempted from the policy, including persons who require medical accommodations and children under the age of two years. Nor do they apply if an individual has been permitted by a judge to remove their mask in a courtroom.

County Sheriffs may be called to assist in any situation in which an individual is in willful violation of those health and safety requirements.

Questions should be directed to the Office ofthe Administrative Director of the Courts at (609) 376-3000.

Dated: July 30, 2021

Hon. Glenn A. Grant, J.A.D.
Acting Administrative Director 
of the Courts

Sunday, September 5, 2021

COVID-19 - REQUIREMENT TO WEAR MASKS AND MAINTAIN SOCIAL DISTANCING IN JUDICIARY AREAS OF COURT LOCATIONS

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NOTICE TO THE BAR AND PUBLIC
COVID-19 REQUIREMENT TO WEAR MASKS AND MAINTAIN SOCIAL

DISTANCING IN JUDICIARY AREAS OF COURT LOCATIONS

The Supreme Court in its June 9, 2020 Order required that all persons who enter or occupy Judiciary areas of court locations must wear masks and maintain social distancing. The requirement to (1) wear a mask and (2) maintain social distancing is subject to narrow exceptions, including for persons who require accommodations. The Judiciary in a June 17, 2021 notice confirmed the continuation ofthe policy and provided further direction as to the circumstances in which a judge may permit individuals in a courtroom to remove or lower their mask. This notice is to advise as to the consequences for willful violation ofthe Court's policy, which is intended to mitigate against the risks to public health and safety posed by the COVID-19 virus.

A person who enters or occupies a Judiciary location and refuses to wear a mask or maintain social distancing in willful violation of the Supreme Court's policy as set forth in the above-referenced order and notice may be excluded from the court location. Such individual also may be held in contempt of court (Rule

1:10-1). Those provisions do not apply to individuals who are exempted from the policy, including persons who require medical accommodations and children under the age of two years. Nor do they apply if an individual has been permitted by a judge to remove their mask in a courtroom.

County Sheriffs may be called to assist in any situation in which an individual is in willful violation of those health and safety requirements.

Questions should be directed to the Office ofthe Administrative Director of the Courts at (609) 376-3000.

Thursday, August 26, 2021

App.A :9-50 . Aiding or abetting violation

 App.A :9-50 .  Aiding or abetting violation

    Any person who shall knowingly aid or abet another in the violation of any provision of this act shall also be adjudged a disorderly person and punishable  in the same manner as the violation aided or abetted.

    L.1942, c. 251, p. 688, s. 18.

 

 

App.A :9-49.  Violations as disorderly conduct;  penalty;  prosecution

    Any person who shall:

    a.  Commit any unauthorized or otherwise unlawful act during the threat or imminence of danger in any emergency that jeopardizes the health, welfare and safety of the people;  or

    b.  Commit any unauthorized or otherwise unlawful act during the threat or imminence of danger during any emergency that contributes to the loss of or destruction to property;  or

    c.  Hamper, impede, or in any way interfere with any person who is performing any function authorized under this act;  or

    d.  Drive any motor vehicle in a prohibited area during a black-out or while  an air raid alert is in progress or in any other manner contrary to the rules  and regulations covering any period of danger or any emergency; or

    e.  Go within a prohibited area contrary to rules and regulations;  or

    f.  Refuse to obey the lawful orders of any air raid warden, civilian protection worker, or other person who is duly authorized to perform any act or  function during the threat or imminence of danger or any emergency;  or

    g.  Refuse to cooperate with any air raid warden, civilian protection worker, or other person who is duly authorized to perform any act or function in connection with activities during the threat or imminence of danger or any emergency;  or

    h.  Violate any order, rule or regulation adopted by the Governor and promulgated as provider by this act;  or

    i.  Violate any other provision of this act declared herein to be unlawful--shall be adjudged a disorderly person and shall be subject to imprisonment for a term not to exceed 6 months or shall pay a fine not to exceed $1,000.00 or to both a fine and imprisonment, in the discretion of the court.

    Prosecution for the imposition of a penalty pursuant to this section shall be commenced in the municipal court of the municipality wherein the offense is alleged to have occurred.  The State shall be required to prove all elements of  the offense beyond a reasonable doubt in order to obtain a conviction.

    L.1942, c. 251, p. 687, s. 17.  Amended by L.1953, First Sp.Sess., c. 438, p.  2412, s. 21;  L.1982, c. 108, s. 1, eff. Aug. 4, 1982.

Aiding and abetting requires “active and purposeful conduct.”  Cicchetti v. Morris County Sheriff’s Office, 194 N.J. 563, 595 (2008).

 

Aiding and Abetting. In aiding and abetting cases, the underlying offense has to be completed and the accused needs to take some substantive step toward the completion of the crime. In a conspiracy case the crime does not have to be completed. An aidor and abettor can be liable as a principal, and so can a conspirator.

 

Thursday, July 29, 2021

39:3-29.5 Expiration of card, renewal.

  4. a. Except as provided in subsection b. of this section, each original identification card authorized by section 2 of P.L.1980, c.47 (C.39:3-29.3) shall, unless canceled earlier or otherwise provided, expire during the fourth calendar year following its date of issuance and on the same calendar day as the person's date of birth.  If the date of birth of the bearer of the identification card does not correspond to a calendar day of the fourth calendar year, the identification card shall expire on the last day of the birth month of the bearer of the card.

   The identification card shall be renewable upon the request of the bearer of the card, pursuant to terms of license renewal established by the New Jersey Motor Vehicle Commission, and upon payment of a fee as required by section 6 of P.L.1980, c.47 (C.39:3-29.7). An identification card issued pursuant to P.L.1980, c.47 (C.39:3-29.2 et seq.) to an applicant who is blind or who has a disability shall be valid for the life of the holder unless canceled by the holder.  Cards issued prior to October 16, 1989 and valid upon the effective date of P.L.1990, c.30 shall be valid for the life of the holder unless canceled by the holder. Cards issued to persons with blindness or disabilities between October 16, 1989 and the effective date of P.L.1990, c.30, and which are valid on the effective date of P.L.1980, c.47 (C.39:3-29.2 et seq.), shall be made valid for the life of the holder unless canceled by the holder, upon presentation of proof that the person's blindness or disability existed at the time of the original application.  The chief administrator is authorized to require periodic verification of information included on any identification card issued for or valid for the life of the holder.  Nothing in this section shall be construed to alter or change any expiration date on any New Jersey identification card issued prior to the operative date of P.L.2001, c.391 (C.39:3-10f4 et al.) and any such identification card shall remain valid until its expiration date.

   As a condition for the renewal of an identification card, the chief administrator shall provide that the photograph of a holder of an identification card be updated, except that the chief administrator may elect to use a stored photograph for two consecutive four-year renewal periods.  The chief administrator shall not use a stored photograph for more than 12 years except as otherwise provided in this section.  The fee shall be $18 for a standard identification card per renewal and $29 for a REAL ID identification card per renewal, in addition to the digitized photograph fee.

   The holder of a standard identification card who is 65 years of age or older shall not be required to update the person's identification card photograph upon renewal and shall be eligible to use a stored photograph for each standard identification card renewal.

   b.   If the chief administrator issues a REAL ID identification card to a person who has demonstrated authorization to be present in the United States for a period of time shorter than the standard periods of identification cards, the chief administrator shall fix the expiration date of the REAL ID identification card at a date based on the period in which the person is authorized to be present in the United States under federal immigration laws.  The chief administrator may renew such REAL ID identification card only if it is demonstrated that the person's continued presence in the United States is authorized under federal law.

   L.1980, c.47, s.4; amended 1989, c.52, s.4; 1990, c.30, s.1; 1993, c.34, s.6; 1999, c.28, s.8; 2001, c.391, s.7; 2017, c.91, s.2; 2017, c.131, s.153; 2019, c.271, s.17; 2020, c.77, s.2.

39:3-10f Licenses, initial, renewal, photograph; fees.

 1.   In addition to the requirements for the form and content of a motor vehicle driver's license under R.S.39:3-10 and a probationary license issued under section 4 of P.L.1950, c.127 (C.39:3-13.4), on and after the operative date of P.L.2001, c.391 (C.39:3-10f4 et al.), each initial New Jersey license, each renewal of a New Jersey driver's license, and each probationary license shall have a digitized photograph of the licensee. All licenses issued on and after January 1, 2000 shall be valid for a period of 48 calendar months. However, the chief administrator may, at the chief administrator's discretion, issue licenses and endorsements that shall expire on a date fixed by the chief administrator.  The fee for those licenses or endorsements shall be fixed in amounts proportionately less or greater than the fee otherwise established. Notwithstanding the provisions of this section to the contrary, a person 70 years of age or older may elect to have a license issued for a period of two or four years, which election shall not be altered by the chief administrator.  The fee for the two-year standard license shall be $9, in addition to the fee for a digitized photograph established in section 4 of P.L.2001, c.391 (C.39:3-10f4).  The fee for a two-year REAL ID license shall be $14.50, in addition to the fee for a digitized photograph established in section 4 of P.L.2001, c.391 (C.39:3-10f4).  The chief administrator may, for good cause, extend a license and any endorsement thereon beyond their expiration dates for periods not to exceed 12 additional months.  The chief administrator may extend the expiration date of a license and any endorsement thereon without payment of a proportionate fee when the chief administrator determines that the extension is necessary for good cause.  If any license and endorsements thereon are so extended, the licensee shall pay upon renewal the full license fee for the period fixed by the chief administrator as if no extension had been granted.

   Each initial driver's license issued to a person under the age of 21 after the effective date of P.L.1999, c.28 (C.39:3-10f1 et al.) shall be conspicuously distinct, through the use of color and design, from the driver's licenses issued to persons 21 years of age or older. The chief administrator, in consultation with the Superintendent of State Police, shall determine the color and the manner in which the license is designed to achieve this result.  The license shall bear the words "UNDER 21" in a conspicuous manner.  The chief administrator shall provide that, upon attaining the age of 21, a licensee shall be issued a replacement driver's license or a new license, as appropriate.  The fee for a replacement license shall be $5 in addition to the digitized photograph fee.

   As a condition for the renewal of a driver's license, the chief administrator shall provide that the photograph of a licensee be updated, except that the chief administrator may elect to use a stored photograph for two consecutive four-year renewal periods for $18 for a standard license per renewal and $29 for a REAL ID license per renewal, in addition to the digitized photograph fee.  The chief administrator shall not use a stored photograph for more than 12 years except as otherwise provided in this section. 

   The holder of a standard basic driver's license who is 65 years of age or older shall not be required to update the person's driver's license photograph upon renewal and shall be eligible to use a stored photograph for each standard driver's license renewal.

   In addition to any other extension, the chief administrator shall allow a person to use a stored photograph to renew a license for a period not exceeding one year if the person presents documentation by a licensed physician that the person is undergoing medical treatment for an illness and the treatment results in temporary changes to the person's physical characteristics.  The fee for this extension shall be $18 for a standard license and $29 for a REAL ID license and the person shall not be required to pay the digitized photograph fee pursuant to section 4 of P.L.2001, c.391 (C.39:3-10f4).

   Whenever a person has reconstructive or cosmetic surgery which significantly alters the person's facial features, the person shall notify the chief administrator who may require the photograph of the licensee to be updated for $5 in addition to the digitized photograph fee.

   Nothing in this section shall be construed to alter or change any expiration date on any New Jersey driver's license issued prior to the operative date of P.L.2001, c.391 (C.39:3-10f4 et al.) and, unless a licensee's driving privileges are otherwise suspended or revoked, except as provided in R.S.39:3-10, that license shall remain valid until that expiration date.

   Specific use of the driver's license and any information stored or encoded, electronically or otherwise, in relation thereto shall be in accordance with P.L.1997, c.188 (C.39:2-3.3 et seq.) and the federal "Driver's Privacy Protection Act of 1994," Pub.L.103-322.  Notwithstanding the provisions of any other law to the contrary, the digitized photograph or any access thereto or any use thereof shall not be sold, leased, or exchanged for value.

   L.1979, c.261, s.1; amended 1981, c.322, s.1; 1985, c.264, s.1; 1990, c.103, s.26; 1999, c.28, s.3; 2001, c.391, s.3; 2003, c.204, s.1; 2009, c.38, s.3; 2015, c.306; 2019, c.271, s.10; 2020, c.77, s.1.

2A:158A-5 Duties of public defender.

2A:158A-5  Duties of public defender.
   5.   It shall be the duty of the Public Defender to provide for the legal representation of any indigent defendant who is formally charged with the commission of an indictable offense.

   All necessary services and facilities of representation (including investigation and other preparation) shall be provided in every case.  The factors of need and real value to a defense may be weighed against the financial constraints of the Public Defender's office in determining what are the necessary services and facilities of representation.

   Representation as herein provided for shall include any direct appeal from conviction and such post-conviction proceedings as would warrant the assignment of counsel pursuant to the court rules.

   Representation for indigent defendants (a) may be provided in any federal court in any matter arising out of or relating to an action pending or recently pending in a court of criminal jurisdiction of this State and (b) may be provided in any federal court in this State where indigent defendants are charged with the commission of a federal criminal offense and where the representation is under a plan adopted pursuant to the Criminal Justice Act of 1964 (18 U.S.C. s. 3006A).

   The Public Defender also shall provide for the legal representation of any eligible inmate who is serving a custodial prison sentence and requests assistance in petitioning the Superior Court for compassionate release in accordance with section 1 of P.L.2020, c.106 (C.30:4-123.51e).

   L.1967, c.43, s.5; amended 1987, c.170, s.2; 2020, c.106, s.2.

2A:4A-44.4 Actions of prosecutor, Attorney General.

2A:4A-44.4  Actions of prosecutor, Attorney General.
   7.   Notwithstanding the provisions of any law to the contrary, upon receipt of notice from the Executive Director of the Juvenile Justice Commission that a juvenile is scheduled to be released from the custody of the Juvenile Justice Commission within 365 days based on the award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100), the prosecutor or Attorney General, prior to the juvenile's scheduled release date, may:

   a.   use any reasonable means available to notify any identifiable victim of the crime for which the juvenile is serving a sentence in a State correctional facility operated by the Juvenile Justice Commission of the juvenile's scheduled release date;

   b.   notify the identifiable victim that the law prohibits the juvenile from having any contact with the victim unless a petition is filed with the court to dissolve the prohibition in accordance with the procedures established by the court;

   c.   notify the victim of the duration of the prohibition against the juvenile having contact with the victim;

   d.   notify the victim of the penalties imposed for the juvenile's violation of the prohibition against contact;

   e.   provide information to the victim concerning how a petition may be filed with the court to dissolve the prohibition against the juvenile having contact with the victim; and

   f.   provide information to the victim concerning the procedures for filing an application for a restraining order pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.), and resources for victims of domestic violence.

   L.2020, c.111, s.7.
 

2A:4A-44.3 Identification of juveniles scheduled for release.

2A:4A-44.3 Identification of juveniles scheduled for release.

   6. a. The Executive Director of the Juvenile Justice Commission shall immediately identify any juvenile who is scheduled to be released from the custody of the Juvenile Justice Commission within 365 days as a result of the award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100).   

   b.   Notwithstanding any provisions of law to the contrary, the Executive Director of the Juvenile Justice Commission shall provide notice to the prosecutor of the county in which the juvenile was adjudicated delinquent or the Attorney General if the matter was prosecuted by the Attorney General.  The notice shall include:

   (1)   the name of any juvenile who, due to the expiration of the juvenile's term of commitment, is scheduled to be released from the custody of the Juvenile Justice Commission within 365 days as a result of the award of public health emergency credits;

   (2)   the date on which the juvenile is scheduled to be released from custody based on the award of public health emergency credits; and

   (3)   the date on which the juvenile was scheduled to be released from custody prior to the award of public health emergency credits.

   c.   The Executive Director of the Juvenile Justice Commission shall make available to the public on the Internet website of the Juvenile Justice Commission, in both English and Spanish, information concerning:

   (1)   the procedures for filing an application for a restraining order pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.);

   (2)   resources for victims of domestic violence; and

   (3)   procedures for filing with the court a petition to dissolve the prohibition established pursuant to section  5 of P.L.2020, c.111 (C.30:4-123.103) prohibiting a juvenile from making contact with any victim of the crime for which the juvenile was serving a sentence.

   L.2020, c.111, s.6.

2A:4A-44.2 Application of public health emergency credits to juvenile.

2A:4A-44.2  Application of public health emergency credits to juvenile.
   2. a. Except as provided in subsection b. of this section, the award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100) shall apply to any juvenile serving a sentence in a State correctional facility operated by the Juvenile Justice Commission who due to the expiration of the juvenile's term of commitment is scheduled to be released from custody within 365 days .

   b.   Public health emergency credits shall not be awarded to any juvenile serving a sentence in a State correctional facility operated by the Juvenile Justice Commission for:

   (1)   murder pursuant to N.J.S.2C:11-3;

   (2)   aggravated sexual assault pursuant to subsection a. of N.J.S.2C:14-2; or

   (3)   any offense enumerated in N.J.S.2C:47-1 and who is deemed a repetitive, compulsive sex offender.

   c.   A juvenile who was serving a sentence in a State correctional facility operated by the Juvenile Justice Commission during the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the coronavirus disease 2019 pandemic shall receive public health emergency credits in accordance with section 1 of P.L.2020, c.111 (C.30:4-123.100).

   d.   A juvenile scheduled to be released from the custody of the Juvenile Justice Commission following an award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100) shall be released on the scheduled release date based on the award of public health emergency credits.

   e. (1) Notwithstanding the provisions of subsection d. of this section, a juvenile scheduled to be released from the custody of the Juvenile Justice Commission following an award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100) whose scheduled release date is less than 45 days after the effective date of P.L.2020, c.111 (C.30:4-123.100 et al.) shall be released within 45 days after the effective date, in order to allow the Juvenile Justice Commission to devise and implement a release plan for the juvenile and arrange for services to be provided to the juvenile upon release.

   (2)   A juvenile who is released from custody following an award of public health emergency credits pursuant to this section shall be prohibited from making contact with a victim as set forth in section 5 of P.L.2020, c.111 (C.30:4-123.103), which prohibition shall remain in force until the time that the juvenile was scheduled to be released prior to the award of public health emergency credits .

   f.   Prior to releasing a juvenile from the custody of the Juvenile Justice Commission following an award of public health emergency credits pursuant to section 1 of P.L.2020, c.111 (C.30:4-123.100), the Executive Director of the Juvenile Justice Commission shall:

   (1)   notify the juvenile in writing of the prohibition against making contact with any victim of the crime for which the juvenile was serving a sentence pursuant to section  5 of P.L.2020, c.111 (C.30:4-123.103);

   (2)   notify the juvenile that a violation of the prohibition against contact with the victim is a crime of the fourth degree; and

   (3)   require the juvenile to acknowledge in writing the receipt of the notifications provided pursuant to this subsection .

   L.2020, c.111, s.2.