Criminal Law through Spanish Eyes - tcms.njsba.com · PDF fileCriminal Law through Spanish...

Criminal Law through Spanish Eyes

Moderator/Speaker:

Robert J. Brass, Esq.

Aloia Law Firm, LLC, Bloomfield

Speakers:

Hon. Mark J. Nelson, J.S.C., Hudson

Hon. Siobhan Teare, J.S.C., Essex

Edward W. Cillick, Esq.

Cillick & Smith, Attorneys at Law, Hackensack

Michelle Gasparian, Supervising Assistant Prosecutor

Mercer County Prosecutor’s Office

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eCourts Criminal Release Notes – October 6, 2017 Automated Trial Court Services Unit

Version 0.1 Date 05/06/2015

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Table of Contents

UPLOAD DOCUMENT .......................................................................................................................................................................... 3

Additional Filing Types Added When Filing Role is Court........................................................................................................... 3

Access Restriction Tool Tip Has Been Updated to Reflect Appropriate Document Access Restriction Definitions .................... 5

Case Jacket Will Display Appropriate Indictment Filing Details Based on Filer Selections ......................................................... 6

Probation Officers Can File Probation – PTI Termination Motions .............................................................................................. 8

CASE MANAGEMENT .......................................................................................................................................................................... 9

Bail and Violation of Probation Motion Type Filings Are Automatically Removed from Worklist upon Saving of Motion

Result and Date .............................................................................................................................................................................. 9

Signed Order Date for Manual Signature Order Upload Cannot Have a Date Prior to the Motion Result Date .......................... 11

Ability for Court Staff to Remove CDR Filings from the Worklist When a P/G Case Will Not Be Created .............................. 12

Pretrial Detention and Revoke Release Motion Filing Case Management Processing ................................................................ 15

“Refresh List” Worklist Button Renamed to “Apply Filter” ........................................................................................................ 18

ATTORNEY FILING ............................................................................................................................................................................ 19

Pretrial Detention and Revoke Release Motion Types can be Searched by the PROMIS/Gavel Case Number When Filing ..... 19

Pretrial Detention Motion Certification Statement in Support of Pretrial Detention Character Limit Increase ........................... 20

Access Restriction Reason(s) Pop-Up is Updated to Correctly Display as per Court Rule 1:38-3 .............................................. 21

CASE JACKET/NOTIFICATIONS .................................................................................................................................................... 23

Notification Is Sent When a Motion Result Is Deleted ................................................................................................................ 23

Notification Is Sent to the General Mailbox of the County Prosecutor for all eCourts Filings, Events, Signed Orders, etc. ...... 24

Notification Is Sent to the General Mailbox of the County Public Defender on Specific Conditions ......................................... 25

Notification Displays the Defendant’s Name Represented by Attorney ...................................................................................... 26

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UPLOAD DOCUMENT Additional Filing Types Added When Filing Role is Court

Additional documents have been added to the Filing Type drop-down menu when the Filing Role selected is “Court.” Some documents have a default access restriction and reason. Only court staff with the Administrator role have the ability to change the default access restriction and reason for the appropriate Filing Types.

NOTE: Although available as options, Presentence Investigation Reports (PSIs) and Victim Letters should

not be uploaded at this time.

Document Description Access Restriction Rule 1:38 Reason

Accusation Public

Adjournment Request Public

Appellate Division Opinion Public

Appellate Division Order Public

Arraignment/Initial Case Disposition Conference Order Public

Avenel Report Restricted 1:38-3(c)(8)

Bail Order Public

Bail Recognizance Restricted 1:38-3(a)

Bail Source Inquiry Form Restricted 1:38-3(a)

Bench Warrant Restricted 1:38-3(a)

Bench Warrant Execute Public

Bench Warrant Vacate Public

Complaint Summons (CDR-1) Restricted 1:38-3(a)

Complaint Warrant (CDR-2) Restricted 1:38-3(a)

Comprehensive Enforcement Program (CEP) Order

Public

Confirming Letter Public

Consent Judgment Public

Court Minutes Protected 1:38-3(a)

Court Notice Public

Demand for Bill of Particulars Public

Drug Court Application Restricted 1:38-3(c)(5)

Drug Offender Restraining Order (DORO) Public

Indictment Public

Judgment of Acquittal Public

Judgment of Conviction Public

Judgment of Dismissal Public

Mandatory Drug Court Screening Tool Restricted 1:38-3(c)(5)

Manual PSA Restricted 1:38-3(a)

Motion Related n/a

Motor Vehicle Tickets Restricted 1:38-3(a)

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Notice of Appeal Rights Public

Notice of Appearance Public

Notice of Defense Public

Order Public

Other Public

Plea Cutoff Exception Form Public

Plea Forms Public

Presentence Investigation Report (PSI) Restricted 1:38-3(a)

Pretrial Memorandum Public

PTI Application Restricted 1:38-3(c)(5)

PTI Order of Dismissal Public

PTI Order of Postponement Public

PTI Rejection Letter (Court) Restricted 1:38-3(c)(5)

PTI Rejection Letter (Prosecutor) Restricted 1:38-3(c)(5)

PTI Report Restricted 1:38-3(c)(5)

PTI Termination Order Public

Scheduling Orders Public

Sex Offender Restraining Order (SORO) Restricted 1:38-3(c)(12)

Special Form of Complaint and Summons Restricted 1:38-3(a)

Stalking Restraining Order Restricted 1:38-3(a)

Status Conference Form Public

Supreme Court Opinion Public

Trial Memo Public

VCCO Letter Restricted 1:38-3(a)

Verdict Sheet Public

Victim Letter Restricted 1:38-3(a)

Violation of Probation Order Public

Waiver of Appearance Public

Waiver of Criminal Jury Trial Public

Waiver of First Appearance Public

Written Acknowledgment of Trial Public

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Filing Types can be searched by directly typing the document description. For example, to file a Manual

PSA, simply type the word “Manual” into the drop-down text box to limit your search accordingly.

Access Restriction Tool Tip Has Been Updated to Reflect Appropriate Document Access Restriction Definitions

The access restriction tool tip has been updated to more accurately reflect document access restriction definitions:

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Before this change, the access restriction tooltip displayed the below:

Case Jacket Will Display Appropriate Indictment Filing Details Based on Filer Selections

The docket text for an indictment filing will include the indictment discovery details (location and/or date) that are entered during upload. If the additional details are not entered, then the docket text will only display that an indictment was filed. Indictment Filing Details:

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In the below example, the discovery available date and location was entered, so the docket text reflects this information.

If no details are entered, the below docket text will display.

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Probation Officers Can File Probation – PTI Termination Motions

A new motion type has been added for the Probation Officer role via the Upload Document functionality. “Probation - PTI Termination” is available for selection in addition to the Violation of Probation motion type.

To upload the PTI Termination motion type, there are four required documents.

PTI Termination Statement of Charges

PTI Termination Summary (Note: This document has a default access restriction of Restricted and cannot be changed)

PTI Termination Summons

Proposed Form of Order (Note: Must be a Microsoft Word format)

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CASE MANAGEMENT Bail and Violation of Probation Motion Type Filings Are Automatically Removed from Worklist upon Saving of Motion Result and Date

When a motion result and date are entered for any “Bail” or “Violation of Probation” motion type, and the court user clicks "Save", the filing will automatically be removed from the work list. There will be a pop-up message indicating such for the user.

Reminder: eCourts does not require a signed order when processing “Bail” or “Violation of Probation”

motion types.

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eCourts will display an error message if a motion result and date is added and an open schedule exists. An event must be entered for the open eCourts schedule before the motion result and date will be saved and removed from the worklist.

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Signed Order Date for Manual Signature Order Upload Cannot Have a Date Prior to the Motion Result Date

Additional date validation logic has been introduced when uploading an order as a Manual Signature. The Signed Date cannot be a date prior to the Motion Result date.

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Ability for Court Staff to Remove CDR Filings from the Worklist When a P/G Case Will Not Be Created

Court staff can now select a new Review Status of 'Filing Withdrawn' from the Filing Review tab on a CDR only case when a PG case is not found or created (Filing status To Be Entered).

On the Filing Review tab, a Review Status of Filing Withdrawn can be selected and saved. The filing status will change and the filing will not appear on the general worklist as an “active” worklist item.

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When the filing status is changed to Filing Withdrawn a case jacket entry will be entered.

To search for filings with the Filing Withdrawn status, choose the appropriate “Status” and filter the worklist by this status.

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Reversing the Filing Withdrawn Status The Filing Withdrawn status can be reversed via two different methods. When the filing status is reversed, a correction entry will be added to the case jacket. The initial Filing Withdrawn Status will display the word “Deleted” when the filing status is reversed.

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1. Filings assigned this status can be reverted by the court staff with the Administrator role. This is done via the Filing Review tab under the Review Status drop-down.

2. A filing with a Filing Withdrawn status will automatically result in a correction entry and new status when a P/G case is created and associated to the CDR filing.

Pretrial Detention and Revoke Release Motion Filing Case Management Processing

Several updates have been made to Pretrial Detention and Revoke Release motion filing case management processing. a. When a motion result of Granted is entered for a Pretrial Detention and Revoke Release motion

type, the Most Recent Commitment Date is required.

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b. Granted in Part/Reserved Decision motion results are not valid options for Pretrial Detention or Revoke Release motion types.

c. When an order is uploaded, the Judge/Signed By field must be entered.

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d. An error message will display if court staff try to upload an order to a motion filing and an open schedule exists.

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“Refresh List” Worklist Button Renamed to “Apply Filter”

The Refresh List button on the worklist has been renamed to “Apply Filter”. There is no change to the functionality of the button.

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ATTORNEY FILING Pretrial Detention and Revoke Release Motion Types can be Searched by the PROMIS/Gavel Case Number When Filing

Pretrial Detention and Revoke Release motions now support searching by the PROMIS/Gavel (P/G) case number when filing them. Previously, to file a Pretrial Detention or Revoke Release motion, filers had to search by the complaint number (CDR). When these motion types are selected and searched by the P/G case number, the complaint number(s) (CDR) associated to the selected defendant must be selected (at least one complaint number must be selected to continue filing).

NOTE: If more than one CDR number is associated with a defendant on a P/G case, there will be a separate, individual filing and case jacket entry for each CDR number.

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Pretrial Detention Motion Certification Statement in Support of Pretrial Detention Character Limit Increase

The “Statement in Support of Pretrial Detention” section of the Pretrial Detention Certification pop-up box has had its character limit increased from 500 to 3,000 characters. An error message will display if more than 3,000 characters are entered.

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Access Restriction Reason(s) Pop-Up is Updated to Correctly Display as per Court Rule 1:38-3

The access restriction Rule 1:38-3 pop-up window has been modified to correctly display the rule sub-sections. The number one (1) has been removed from sub-sections (a) and (e).

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Access restriction reasons for documents on the case jacket have also been updated to display correctly.

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CASE JACKET/NOTIFICATIONS Notification Is Sent When a Motion Result Is Deleted

All case attorneys will receive an email notification from eCourts when a motion result is deleted. Please note that eCourts already sends notifications when a motion result is entered or modified.

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Notification Is Sent to the General Mailbox of the County Prosecutor for all eCourts Filings, Events, Signed Orders, etc.

All eCourts notifications will be sent to the general mailbox of the County Prosecutor’s Office. This includes (but is not limited to) filings, schedules, deficiency notices and signed orders.

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Notification Is Sent to the General Mailbox of the County Public Defender on Specific Conditions

All eCourts notifications will be sent to the general mailbox of the Public Defender’s county office when:

Defendant on a P/G case does not have an attorney of record assigned

Defendant on a P/G case has a County Public Defender assigned as their attorney of record This includes (but is not limited to) filings, schedules, deficiency notices and signed orders.

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Notification Displays the Defendant’s Name Represented by Attorney

All eCourts notifications will now display the defendant name represented by the attorney for which an email is being sent.

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY

PART I. RULES OF GENERAL APPLICATION

CHAPTER I. PROCEDURE

RULE 1:11. WITHDRAWAL, SUBSTITUTION, TERMINATION OF RESPONSIBILITY OF

ATTORNEY

Rule 1:11-1. Death, Removal or Disbarment of Attorney

In the event an attorney dies, or ceases to be authorized by R. 1:21-1 to practice in

this State, or is disbarred, suspended or resigns, any party to a pending action may notify

the client in the manner prescribed by R. 1:5-2 to appoint another attorney and, if the client

fails to do so within 20 days after the notice, any party may proceed with the action. A new

attorney retained by the client shall file an appearance promptly.

Note: Source-R.R. 1:12-7; amended July 13, 1994 to be effective September 1, 1994.

Rule 1:11-2. Withdrawal or Substitution

(a) Generally. Except as otherwise provided by R. 5:3-5(e) (withdrawal in a civil

family action),

(1) prior to the entry of a plea in a criminal action or prior to the fixing of a trial

date in a civil action, an attorney may withdraw upon the client's consent provided a

substitution of attorney is filed naming the substituted attorney or indicating that the client

will appear pro se. If the client will appear pro se, the withdrawing attorney shall file a

substitution. An attorney retained by a client who had appeared pro se shall file a

substitution. If a mediator has been appointed, the attorney shall serve a copy of the

substitution of attorney on that mediator simultaneously with the filing of the substitution

with the court, and

(2) after the entry of a plea in a criminal action or the fixing of a trial date in a

civil action, an attorney may withdraw without leave of court only upon the filing of the

client's written consent, a substitution of attorney executed by both the withdrawing

attorney and the substituted attorney, a written waiver by all other parties of notice and the

right to be heard, and a certification by both the withdrawing attorney and the substituted

attorney that the withdrawal and substitution will not cause or result in delay.

(3) In a criminal action, no substitution shall be permitted unless the

withdrawing attorney has provided the court with a document certifying that he or she has

provided the substituting attorney with the discovery that he or she has received from the

prosecutor.

(b) Professional Associations. If a partnership or attorney assumes the status of a

professional corporation, or limited liability entity, pursuant to Rules 1:21-1A, 1:21-1B or

1:21-1C, respectively, or if a professional corporation or a limited liability entity for the

practice of law dissolves and reverts to an unincorporated status, it shall not be necessary

for the firm to file substitutions of attorney in its pending matters provided that the firm

name, except for the addition or deletion of the entity designation, is not changed as a

result of the change in status.

(c) Appearance by Attorney for Client Who Previously Had Appeared Pro Se.

Where an attorney is seeking to appear representing a client who previously appeared pro

se, the attorney must file a notice of appearance, not a substitution of attorney, and pay

the appropriate notice of appearance fee.

Note: Source - R.R. 1:12-7A; amended July 16, 1981 to be effective September 14, 1981; amended

November 7, 1988 to be effective January 2, 1989; amended June 28, 1996 to be effective September 1,

1996; amended July 10, 1998 to be effective September 1, 1998; amended and paragraph designations

and captions added January 21, 1999 to be effective April 5, 1999; paragraphs (a)(1) and (a)(2) amended

July 27, 2006 to be effective September 1, 2006; subparagraph (a)(1) amended July 19, 2012 to be

Effective September 4, 2012; new paragraph (a)(3) adopted December 4, 2012 to be effective January 1,

2013; paragraph (a) amended and new paragraph (c) added July 28, 2017 to be effective September 1,

2017.

Rule 1:11-3. Termination of Responsibility in the Trial Court; Responsibility on

Appeal

The responsibility of an attorney of record in any trial court with respect to the

further conduct of the proceedings shall terminate upon the expiration of the time for

appeal from the final judgment or order entered therein. For purposes of appeal or

certification, however, the attorney of record for the adverse party in the court below shall

be considered as attorney for the respondent, and notice and papers served upon that

attorney shall be deemed good service until the appellant or petitioner is notified of an

appearance entered by a new attorney or is given written notice by the respondent naming

another attorney.

Note: Source-R.R. 1:12-3(a), 2:10; amended July 13, 1994 to be effective September 1, 1994

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SIOBHAN A. TEARE, J.S.C.

Siobhan A. Teare, is a Superior Court Judge for the State of New

Jersey. She currently sits in the Criminal Division of the Essex County

Vicinage and presides over Criminal Jury trials. She previously sat in the

Civil Division and presided over cases involving Special Civil Part, District

Court and Landlord/Tenant matters. She also handled Law division motions

along with Prerogative Writs. Ms. Teare also sat in the Family Division for

four years where she presided over Juvenile, Domestic Violence, Non-

Dissolution cases and Post Judgment divorce motions. She previously sat in

the Criminal Division and served as the Drug Court Judge for the Essex

County Vicinage.

Immediately before joining the bench, she was a Director of Legal

Management, for the University of Medicine & Dentistry of New Jersey.

Before joining UMDNJ, she served as the Chief Assistant Prosecutor

of Administration for the Essex County Prosecutor’s Office. Among her

duties in that capacity, she oversaw all labor and employment matters

involving the ECPO employees. Additionally, she was the liaison to all

outside counsel representing ECPO in civil lawsuits.

Prior to joining the Prosecutor’s Office, she practiced law in New

Jersey in various capacities. She has served as Corporation Counsel for the

Cities of East Orange and Plainfield. She was an Associate with the firm of

Weiner Lesniak and Legal Counsel for the Police Department of the City of

Newark.

In addition, Ms. Teare served as Assistant Corporation Counsel for the

City of Newark and Assistant Deputy Public Defender in the Essex County

Adult Trial Region. She started her legal career as a Law Clerk for the

Honorable Harry H. Hazelwood Jr., Judge of the Superior Court of Essex

County.

Active in a number of professional organizations, Ms. Teare is a past

president of the Garden State Bar Association, a past Treasurer and Trustee

of the Essex County Bar Association, a past member of the Supreme Court

Committee on the Americans with Disabilities Act and the Supreme Court

Arbitration Advisory Committee. She is currently serving on the Supreme

Court Criminal Practice Committee.

She is active in various Bar Associations, including the Essex County

Bar Association, the Association of Black Women Lawyers, the Garden

State Bar Association, the New Jersey State Bar Association, the National

Bar Association, the American Bar Association and the National Association

of Women Judges. She is a past recipient of the Professional Lawyer of the

Year Award given by the New Jersey State Bar Association and the

Criminal Trial Attorney Achievement Award given by the Essex County Bar

Association.

Ms. Teare is a frequent panelist for Continuing Education Courses.

She has served as a panelist for the Essex County Bar, the New Jersey State

Bar Association and the National Bar Association. Ms. Teare has served as

an active Board member on various Non-Profit Organizations. These

organizations include, The Carter G. Woodson Foundation, The Aisha

Shakir Liver Foundation, the Harambee Community Development

Organization. Judge Teare was a member of the New Jersey Planning

Committee for the National Association of Women Judges’ (NAWJ) 33rd

Annual Conference which was held in Newark, New Jersey from October 12

-16, 2011.

She is a past member of the Board of Trustees for the Morristown-

Beard School and is the Immediate Past President of the Hon. Anne E.

Thompson (HAET) Inn of Court. Under her leadership the HAET Inn,

which was founded by the ABWL in 2008, was recognized to have achieved

Silver level status by the Achieving Excellence program of the American

Inns of Court. This level of achievement ranked the Inn in the top 22% of

Inns across the Country.

Ms. Teare received a B.A. degree in History and Political Science from

Tufts University and earned her J.D. from Rutgers Law School in Newark.

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