CONTEMPT IN SUPERIOR COURT Processing of 2C:29-9(b) Complaints NJ

CONTEMPT IN SUPERIOR COURT Processing of 2C:29-9(b) Complaints NJ

6.4.1

6.4.2

When a Defendant has been arrested for Violating a TRO or FRO - Upon allegation of a violation of a restraining order, a warrant should be issued immediately and the CDR should be completed at that time. Upon arrest, the CDR-2 should be immediately forwarded to the Criminal Division, the Prosecutor’s Office and as otherwise described at the bottom of the CDR. Initial screening by the Assistant Prosecutor assigned to the Domestic Violence unit should be at the first appearance, or no later than the plea hearing date. If the contempt is non-indictable and/or downgraded, it shall be sent to Family Court and docketed as an FO case. This should be done at the first appearance.

Bail

A. An initial bail must be set by a Superior Court Judge pursuant to Rule 3:26-2. The CDR should be provided, along with the DV Incident/Police Report.

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6.4.4

B. During regular court hours, bail should be set by a Family Division Judge, who will have access to the underlying FV file along with other relevant FV, FO and FD files, and the FACTS printout regarding other Family Court history.

C. When the Superior Court is not in session, the on-call bail judge should be contacted and provided with all available information on the defendant and the underlying case information from the DVCR.

NOTE: If the contempt has been initially screened as a disorderly persons offense, bail may be set by a Municipal Court Judge if the Assignment Judge in that vicinage has issued a directive/order allowing this practice.

D. The CDR shall serve as the moving document as the case proceeds through the court. In Municipal Court, all bail decisions are reflected on the CDR, along with all screening and downgrade decisions, which must be dated. Conditions of bail or release such as prohibitions against contact should be noted in the appropriate section of the CDR as well. (In Superior Court, Criminal Division, there are separate court orders for bail decisions.)

Responsibility for arraignments/bail reviews/first appearances - Responsibility for arraignments/bail reviews/first appearances should rest with the Division or Part of the Superior Court that has jurisdiction over the case at that time, either the Family Division or in Criminal Division so long as the Assistant Prosecutor assigned to the Domestic Violence Unit is available. Daily jail lists should be provided to both the Criminal Division and the Family Division each morning with N.J.S.A. 2C:29-9b indictable and non-indictable violations identified as such. The judge conducting the hearing should be provided with pertinent information from the underlying FV file as required by N.J.S.A. 2C:29-26e.

The prescreening of matters, to determine whether the matter is indictable is strongly encouraged where at all possible.

Scheduling of Subsequent Proceedings - As contempt cases are high impact offenses, each county Prosecutor should screen these cases as expeditiously as possible.

A. Following arrest, defendants should be given the CDR with the first appearance/arraignment date noted in the appropriate section, along with any other Notice to Appear, where applicable. Thus, even if bail is posted, the defendant has the date of the first appearance/arraignment.

B. If the defendant is in custody the first appearance and bail review must be scheduled within 72 hours in accordance with Rule 3:4-2.

C. Where defendant is not incarcerated, the first appearance/arraignment/case management conference should be scheduled no later than 20 days after the

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6.4.6

issuance of a contempt complaint. Notice of the court date should be sent to the defendant by the appropriate court.

D. An assistant prosecutor should be required to appear at the first appearance/arraignment and should provide the court with a preliminary determination as to whether the case is being referred to the Criminal Division as an indictable case or is being graded/downgraded and heard in the Family Division. Scheduling of subsequent hearings, including bail review hearings at regular intervals, is the responsibility of the Part or Division in which the case will be heard.

E. All contempt matters are subject to Speedy Trial Guidelines, and must be scheduled accordingly. There is a 90-day disposition guideline that applies as well in Family and Municipal Court.

F. When the case is referred to the Family Division, the 5A (Financial Questionnaire to Establish Indigency) should be completed, counsel appointed and a pretrial conference scheduled at the first appearance/arraignment. These cases will then be docketed in FACTS, tracked accordingly and disposed within 90 days of docketing.

Where there is more than one charge on a CDR -2.

A. If, upon screening, there is a determination that there is no basis for a contempt charge, the companion charges may be referred to the Criminal or Municipal Court for disposition.

B. Where the matter is docketed in Family Division, and there are both contempt and underlying charges, if the contempt is dismissed as part of a plea, the Family Division judge shall dispose of the underlying charge.

C. The contempt charge and the underlying charge should never be bifurcated and heard by different courts.

D. After the bail review/first appearance, these matters must be promptly scheduled for a plea hearing/calendar. In Family Division, the plea hearing should be held within two weeks if the defendant is incarcerated, and within four weeks if the defendant is out on bail.

E. At the plea hearing, the defendant should, after consultation with counsel, enter a plea.

F. Where defendant pleads guilty, [s]he should be sentenced immediately, unless the court needs additional information and adjourns the sentencing to a date certain.

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6.4.7

6.4.8

G. Where a defendant pleads not guilty, a non-jury trial must be scheduled expeditiously before a Family Division Judge, keeping the 90-day disposition guideline in mind.

H. At the trial, the Prosecutor’s Office will present the case against the defendant. Discovery must be obtained by the prosecutor. Subpoenas for witnesses must be issued by the prosecutor.

I. At sentencing, the disposition must be noted in the FO file and entered into FACTS.

J. The completed CDR-2 and any ancillary paperwork must immediately be forwarded by Family Division for routing of orders of commitment, probation, fines, VCCA payments to the appropriate case management clerical or probation office.

Incarceration of Sole Caretaker of Children - Whenever a person has been convicted of a violation which will result in incarceration, the court must follow the procedures set forth in N.J.S.A. 2C:44-6.2, et.seq., and Directives 4-04 and 8-95.

Domestic Violence Surcharge - Pursuant to N.J.S.A. 2C:25-29.4, any person convicted of an act of domestic violence (as that term is defined in N.J.S.A. 2C:25- 19) shall be subject to a surcharge in the amount of $100. This surcharge is in addition to other penalties, fines and/or charges imposed pursuant to law.