Municipal Court Law Updates

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Revised Standard on Implied Consent 07-2012

In response to the Supreme Court's recommendation in State v. Schmidt, 206 NJ 71 (2010), the Attorney General has released an updated version of the DWI standard statement usually referred to as "Paragraph 36." The new form is the first significant change to the standard statement since 2004. Among the changes in the new form are the following:

1. Greatly simplified language
2. A warning about the requirement of the ignition interlock device upon conviction
3. A warning that the obligation to submit to the test includes following instructions, properly performing the test and providing sufficient breath samples, all of which were in play in the Schmidt decision.

The new form does not mention the loss of a civil cause of action under NJSA 39:6A-4.5 upon conviction nor does it provide advice to those defendant who, because of language issues, do not understand the standard statement (State v. Marquez, 202 NJ 485 (2010)) or the officer's instructions on how to take the test. (See Generally State v. Rodriguez-Alejo, 419 NJ Super. 33 (App. Div. 2011)).

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New Court Rules for September 1, 2011 Released

The New Jersey Supreme Court has released the amendments to the Rules of Court that will become effective on September 1, 2011. For municipal courts, only four rule changes are in play. They include discovery, scheduling, sentencing and the use of acting judges. Among the major changes is a procedure where a defense attorney can challenge in municipal court the reasonableness of the cost for discovery that has been ordered by the court. The section relating to the four municipal court rule amendments begins at page 99 of the report.
Download the report of the new Rules of Court effective September 1, 2011

Supremes Approve Trial Certification for Municipal Court Attorneys

The New Jersey Supreme Court has authorized trial certification in the area of municipal court practice. The new trial certification will become available on September 1, 2011. Attached are the Rule amendments and regulations that implement this change. The regulations begin on Appendix page 9.
Download the report of the new Rules of Court effective September 1, 2011