RECENT CHANGES IN MUNICIPAL COURT LAW: 2010 – Law Center- Seminar, Books and Audio CD for sale
Monday, May 03, 2010
5:30 PM to 9:00 PM
New Jersey Law Center, New Brunswick / S1507-15379
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Chair, ABA Elder Law Committee
Past GP Solo Section Attorney of the Year
2006 NJSBA Municipal Court Practitioner of the Year
K. Vercammen & Associates
Speakers include:
HON. JOAN ROBINSON GROSS, PJMC
(Union County)
Chair, Supreme Court Municipal Practice Committee (Union County)
WILLIAM G. BRIGIANI, ESQ.
NORMA M. MURGADO, ESQ.
Chief Prosecutor (Elizabeth)
Assistant Prosecutor (Woodbridge)
JOHN MENZEL, ESQ.
Moore & Menzel
Are you prepared to prosecute or defend your client in new Alcotest cases?
This informative guide to Municipal Court practice and procedure will familiarize you with the most recent developments affecting cases that are heard in Municipal Court.
An authoritative panel of experienced attorneys will be joined by a Presiding Municipal Court Judge to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.
Program Preview:
• Criminal Case Law and Legislative Update
• The Prosecutor’s Perspective: DWI, no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues
• Judicial Perspective: Expert arguments, important court rules, common errors by defense attorneys and prosecutors, how to impress the court and not annoy the court staff
• Recent developments in traffic law, merged traffic tickets and more
• DWI and Chun
• Ask the Experts
Tuition fees Reg. Fee Reg. Type Seminar # S1507-15378
GENERAL TUITION (REG) $169.00 REG
NJICLE SEASON TICKETS (STX) 1 Season Ticket(s) STX
MEMBERS, CO-SPONSORING SECTION (COS) $119.00 COS*
MEMBERS, NJSBA (NJB*) $129.00 NJB*
MEMBERS, NJSBA YLD (YLD*) $119.00 YLD*
Recent admittees (past 2 years) (YL) $145.00 YL
Paralegals (PAR) $119.00 PAR
Law Students (with Student ID) (STU) $0.00 STU
Full Time Judges (JUD) $0.00 JUD
Seminar number S1507-15379
DOOR REGISTRATIONS: $189
Advance registration closes at noon of the day preceding the program. After that time you may still register, space permitting, for the Door Registration Fee. PLEASE CALL FIRST to confirm the seminar schedule and space availability.
* NJSBA Member Price – To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order. If you place your order without providing your NJSBA Member#, you will be charged the regular price.
New Jersey Institute for Continuing Legal Education
The non-profit continuing education service of:
The New Jersey State Bar Association
Rutgers - The State University of New Jersey
Seton Hall University
One Constitution Square,
New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383 • CustomerService@njicle.com
Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers’ Division
Major Municipal Court and Criminal Cases
to be discussed
1. State in the Interest of J.A. 195 NJ 324
2. State v. Buda
195 NJ 278
2b State v. Coder 198 NJ 451 (2009)
3. State v. Sweet
195 NJ 357
4 State v. Moran 408 NJ Super. 412 (App Div. 2009)
5 Herring v United States
129 S. Ct. 695 (2009)
6. State v Smith 408 NJ Super. 484 (App. Div. 2009)
7. Patel v. MVC __ NJ __
(Sup Ct. 2009)
8. State v. Marquez 408 NJ Super. 273 (App. Div. 2009)
9 Melendez-Diaz v Mass
129 S. Ct. 2527 (2009)
10 State v. Reeds
197 NJ 280 (2009)
11. State v. Hewitt
400 NJ Super. 376 (2008)
12 State v. Spell
142 NJ 514 (2008)
13. State v. Bogan
200 NJ 61 (2009)
14. State v. Baum
199 NJ 407 (2009)
15. State v. Best 403 NJ. Super. 428 (App. Div. 2008) [cert granted]
16 State v. Amelio
197 NJ 207 (2008)
17. Arizona v Johnson
172 L. Ed. 2d 694 (2009)
18 State v. Bertrand 408 NJ
Super. 584 (App. Div. 2009)
19 State v. Nyhammer
197 NJ 383 (2009)
20 State v. Filson 409 NJ
Super. 246 (Law Div. 2009)
21 State v. Popovich
405 NJ Super. 392 (App. Div. 2009)
22. State v. Pena-Flores
198 NJ 6 (2009)
23 Arizona v. Gant
129 S. Ct. 1710 (2009)
Monday, April 26, 2010
Sunday, April 25, 2010
Thursday, April 22, 2010
Directive # 02-10 Authorizing Municipal Courts to Provide Payment Alternatives Implementation of L. 2009, c. 317
Directive # 02-10 Authorizing Municipal Courts to
Provide Payment Alternatives Implementation of L. 2009, c. 317
Date: March 2, 2010
Legislation authorizing municipal courts to provide payment alternatives was
enacted effective January 18, 2010. L. 2009, c. 317. This memorandum is intended to
provide the municipal courts with guidance on implementation of that enactment.
Establishment of a Time-Payment Order
L. 2009, c. 317 (emphasis added) provides that “if a municipal court finds that a
person does not have the ability to pay a penalty in full on the date of the hearing . . . ,
the court may order the payment of the penalty in installments for a period of time
determined by the court.” Thus, for the court to establish a time-payment plan under
this statute, the municipal court judge is required to first make a finding that the
defendant is unable to pay the full amount on the date of the hearing.
By memorandum of November 20, 2003 directed to Municipal Court judges, then
Administrative Director Richard Williams indicated that the “Financial Questionnaire to
Establish Indigency - Municipal Courts” (Financial Questionnaire) should be used “in
determining the indigency status of defendants . . . for payment of fines in installments.”
That policy remains unchanged. A completed Financial Questionnaire will contain the
financial information that a judge needs in order to be able to make a reasoned decision
Directive # 02-10
Directive # 02-10
Implementation of L. 2009, c. 217
(Payment Alternatives)
March 02, 2010
Page 2
as to whether the defendant has an ability to pay a penalty in full or whether to grant
defendant a time payment.
Additionally, judges also should continue to follow the long-established practice
of considering the federal poverty guidelines as one factor in determining whether a
defendant has the ability to pay fines and penalties in full on the day of the hearing. The
most recently distributed guidelines (copy attached) suggest in that regard that
defendants earning up to 250% of the federal poverty guidelines be considered for timepayment
orders. Updated guidelines for 2010 will be issued by this office in the spring.
Payment Alternatives After Default
The new statute also includes provisions to cover the situation where an
individual defaults on a previously ordered time-payment because the individual does
not have the ability to pay. In those situations the court is provided a number of options.
The statute specifically provides as follows:
If a person defaults on any payment and a municipal court
finds that the defendant does not have the ability to pay, the
court may:
(1) reduce the penalty, suspend the penalty, or modify
the installment plan;
(2) order that credit be given against the amount owed for
each day of confinement, if the court finds that the
person has served jail time for the default;
(3) revoke any unpaid portion of the penalty, if the court
finds that the circumstances that warranted the
imposition have changed or that it would be unjust to
require payment;
(4) order the person to perform community service in lieu
of payment of the penalty; or
(5) impose any other alternative permitted by law in lieu
of payment of the penalty. [L. 2009, c. 317, § 1.]
The two situations in which a defendant shall be considered to be in default are (a) if
defendant’s driver’s license has been suspended after a failure to pay (N.J.S.A. 2B:12-
31(a)(2)), or (b) if a warrant has been issued for defendant’s arrest after a failure to pay.
These payment alternatives may only be used under this statute after a
defendant defaults on an already established time-payment order. They may not be
used at a defendant’s initial sentencing hearing. Moreover, the court may resort to the
payment alternatives only after a finding that the defendant does not have the ability to
pay. Just as when determining whether to establish a time-payment order, a
Directive # 02-10
Implementation of L. 2009, c. 217
(Payment Alternatives)
March 02, 2010
Page 3
determination of ability to pay should be based on the financial information on a current
Financial Questionnaire completed by the defendant. Also as with time-payment order
determinations, the judge in determining ability to pay should consider, as one factor,
whether defendant’s income is less than 250% of the federal poverty guidelines (again,
see the attachment).
In addition, these payment alternatives may not be used to reduce, revoke or
suspend payment of restitution or of the $250 surcharge assessed for operating a
vehicle in an unsafe manner under N.J.S.A. 39:4-97.2(f). L. 2009, c. 317, § 1.
With specific regard to the court’s ability to revoke the unpaid portion of the
penalty (subsection 3 above), a judge before implementing this particular alternative
must make one of two additional findings. The judge must find either that “the
circumstances that warranted the imposition [of the penalty] have changed” or that it
would be unjust to require defendant to pay. The judge must place on the record the
facts upon which these findings are based. See R. 1:7-4(a).
If a judge wishes to implement a payment alternative for only a portion of the
outstanding balance, then the judge should merely designate the lump sum dollar
amount that is to be reduced, revoked or suspended, without indicating which individual
fines, penalties or assessments are to be affected. For example, a judge could order
that defendant’s time-payment order is reduced by $100. The judge should not specify
that $50 is reduced from VCCO and $50 from the fine. Any future payment of the
remaining portion of the penalty will be disbursed consistent with N.J.S.A. 2C:46-4.1.
As with all changes of sentence, the implementation of any of the payment
alternatives must be made in open court on notice to the defendant and the prosecuting
attorney. R. 7:9-4.
Any questions regarding this directive should be directed to Assistant Director
Debra A. Jenkins, Municipal Court Services Division, at 609-984-8241.
G.A.G.
attachment
cc: Chief Justice Stuart Rabner
AOC Directors and Assistant Directors
Lawrence Walton, Municipal Court Services Division
Steven Somogyi, Municipal Court Services Division
Carol A. Welsch, Municipal Court Services Division
Steven D. Bonville, Special Assistant
Francis W. Hoeber, Special Assistant
2009
Income Eligibility Guidelines for Establishing Time Payments
Data reflect 250% of the Federal poverty guidelines as defined by the U.S. Department of Health and Human Services
* If the household size exceeds eight, add $9,350.00 gross income per year, $779.17
per month, or $179.81 per week for each additional member of the household.
Source data:
Poverty Guidelines updated by the U.S. Department of Health and Human Services,
published in the Federal Register, Vol. 74, No.14, January 23, 2009, pp. 4200.
Household Size One Two Three Four Five Six Seven Eight
Annual Gross
Income
$27,075.00
$36,425.00
$45,775.00
$55,125.00
$64,475.00
$73,825.00
$83,175.00
$92,525.00
Monthly Gross
Income
$ 2,256.25
$ 3,035.42
$ 3,814.58
$ 4,593.75
$ 5,372.92
$ 6,152.08
$ 6,931.25
$ 7,710.42
Weekly Gross
Income
$ 520.67
$ 700.48
$ 880.29
$ 1,060.10
$ 1,239.90
$ 1,419.71
$ 1,599.52
$ 1,779.33
As distributed by May 14,
2009 memo from the
Administrative Director.
Provide Payment Alternatives Implementation of L. 2009, c. 317
Date: March 2, 2010
Legislation authorizing municipal courts to provide payment alternatives was
enacted effective January 18, 2010. L. 2009, c. 317. This memorandum is intended to
provide the municipal courts with guidance on implementation of that enactment.
Establishment of a Time-Payment Order
L. 2009, c. 317 (emphasis added) provides that “if a municipal court finds that a
person does not have the ability to pay a penalty in full on the date of the hearing . . . ,
the court may order the payment of the penalty in installments for a period of time
determined by the court.” Thus, for the court to establish a time-payment plan under
this statute, the municipal court judge is required to first make a finding that the
defendant is unable to pay the full amount on the date of the hearing.
By memorandum of November 20, 2003 directed to Municipal Court judges, then
Administrative Director Richard Williams indicated that the “Financial Questionnaire to
Establish Indigency - Municipal Courts” (Financial Questionnaire) should be used “in
determining the indigency status of defendants . . . for payment of fines in installments.”
That policy remains unchanged. A completed Financial Questionnaire will contain the
financial information that a judge needs in order to be able to make a reasoned decision
Directive # 02-10
Directive # 02-10
Implementation of L. 2009, c. 217
(Payment Alternatives)
March 02, 2010
Page 2
as to whether the defendant has an ability to pay a penalty in full or whether to grant
defendant a time payment.
Additionally, judges also should continue to follow the long-established practice
of considering the federal poverty guidelines as one factor in determining whether a
defendant has the ability to pay fines and penalties in full on the day of the hearing. The
most recently distributed guidelines (copy attached) suggest in that regard that
defendants earning up to 250% of the federal poverty guidelines be considered for timepayment
orders. Updated guidelines for 2010 will be issued by this office in the spring.
Payment Alternatives After Default
The new statute also includes provisions to cover the situation where an
individual defaults on a previously ordered time-payment because the individual does
not have the ability to pay. In those situations the court is provided a number of options.
The statute specifically provides as follows:
If a person defaults on any payment and a municipal court
finds that the defendant does not have the ability to pay, the
court may:
(1) reduce the penalty, suspend the penalty, or modify
the installment plan;
(2) order that credit be given against the amount owed for
each day of confinement, if the court finds that the
person has served jail time for the default;
(3) revoke any unpaid portion of the penalty, if the court
finds that the circumstances that warranted the
imposition have changed or that it would be unjust to
require payment;
(4) order the person to perform community service in lieu
of payment of the penalty; or
(5) impose any other alternative permitted by law in lieu
of payment of the penalty. [L. 2009, c. 317, § 1.]
The two situations in which a defendant shall be considered to be in default are (a) if
defendant’s driver’s license has been suspended after a failure to pay (N.J.S.A. 2B:12-
31(a)(2)), or (b) if a warrant has been issued for defendant’s arrest after a failure to pay.
These payment alternatives may only be used under this statute after a
defendant defaults on an already established time-payment order. They may not be
used at a defendant’s initial sentencing hearing. Moreover, the court may resort to the
payment alternatives only after a finding that the defendant does not have the ability to
pay. Just as when determining whether to establish a time-payment order, a
Directive # 02-10
Implementation of L. 2009, c. 217
(Payment Alternatives)
March 02, 2010
Page 3
determination of ability to pay should be based on the financial information on a current
Financial Questionnaire completed by the defendant. Also as with time-payment order
determinations, the judge in determining ability to pay should consider, as one factor,
whether defendant’s income is less than 250% of the federal poverty guidelines (again,
see the attachment).
In addition, these payment alternatives may not be used to reduce, revoke or
suspend payment of restitution or of the $250 surcharge assessed for operating a
vehicle in an unsafe manner under N.J.S.A. 39:4-97.2(f). L. 2009, c. 317, § 1.
With specific regard to the court’s ability to revoke the unpaid portion of the
penalty (subsection 3 above), a judge before implementing this particular alternative
must make one of two additional findings. The judge must find either that “the
circumstances that warranted the imposition [of the penalty] have changed” or that it
would be unjust to require defendant to pay. The judge must place on the record the
facts upon which these findings are based. See R. 1:7-4(a).
If a judge wishes to implement a payment alternative for only a portion of the
outstanding balance, then the judge should merely designate the lump sum dollar
amount that is to be reduced, revoked or suspended, without indicating which individual
fines, penalties or assessments are to be affected. For example, a judge could order
that defendant’s time-payment order is reduced by $100. The judge should not specify
that $50 is reduced from VCCO and $50 from the fine. Any future payment of the
remaining portion of the penalty will be disbursed consistent with N.J.S.A. 2C:46-4.1.
As with all changes of sentence, the implementation of any of the payment
alternatives must be made in open court on notice to the defendant and the prosecuting
attorney. R. 7:9-4.
Any questions regarding this directive should be directed to Assistant Director
Debra A. Jenkins, Municipal Court Services Division, at 609-984-8241.
G.A.G.
attachment
cc: Chief Justice Stuart Rabner
AOC Directors and Assistant Directors
Lawrence Walton, Municipal Court Services Division
Steven Somogyi, Municipal Court Services Division
Carol A. Welsch, Municipal Court Services Division
Steven D. Bonville, Special Assistant
Francis W. Hoeber, Special Assistant
2009
Income Eligibility Guidelines for Establishing Time Payments
Data reflect 250% of the Federal poverty guidelines as defined by the U.S. Department of Health and Human Services
* If the household size exceeds eight, add $9,350.00 gross income per year, $779.17
per month, or $179.81 per week for each additional member of the household.
Source data:
Poverty Guidelines updated by the U.S. Department of Health and Human Services,
published in the Federal Register, Vol. 74, No.14, January 23, 2009, pp. 4200.
Household Size One Two Three Four Five Six Seven Eight
Annual Gross
Income
$27,075.00
$36,425.00
$45,775.00
$55,125.00
$64,475.00
$73,825.00
$83,175.00
$92,525.00
Monthly Gross
Income
$ 2,256.25
$ 3,035.42
$ 3,814.58
$ 4,593.75
$ 5,372.92
$ 6,152.08
$ 6,931.25
$ 7,710.42
Weekly Gross
Income
$ 520.67
$ 700.48
$ 880.29
$ 1,060.10
$ 1,239.90
$ 1,419.71
$ 1,599.52
$ 1,779.33
As distributed by May 14,
2009 memo from the
Administrative Director.
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