In light of the national emergency due to the outbreak of Coronavirus (COVID-19), courts and law enforcement agencies at every level of Government have taken extraordinary actions:
FEDERAL
- In the District of New Jersey, the Chief Judge has issued Standing Order 2020-08 facilitating the filing of motions for compassionate release of federal inmates. The Order authorizes the Office of the Federal Public Defender (“OFPD”) to represent defendants who were previously determined to be eligible for a public defender or who previously retained counsel and subsequently became indigent. It also authorizes Probation and the Clerk’s Office to disclose to the OFPD (but not to inmates) documents, including Presentence Investigation Reports, Judgments, and Statements of Reasons, relevant to determining whether a defendant is eligible for relief or whether a conflict of interest exists. Where a conflict of interest exists, the Clerk’s Office will appoint counsel pursuant to the Criminal Justice Act (“CJA”). The Court shall notify the OFPD of all pending and future pro se motions for compassionate release, and the OFPD and Probation shall notify the Court of all pro se motions which they become aware of.
- For more information, see our prior posts.
STATE OF NEW JERSEY
- The Judiciary has issued guidance as to the effect of the Supreme Court’s Omnibus Orders, which extended a number of deadlines and tolled time periods, on specific Appellate Division practices and procedures:
- Filing deadlines from before the tolling period are unaffected by the Orders, and are not included within the protection of those provisions. Notices of appeal, motions for leave to appeal, and briefs must be submitted and accompanied by a motion to file them as within time.
- Initial deadlines for a notice of appeal, motion for leave to appeal, or brief, in a regular non-expedited matter, that falls within the tolled period are extended to the first business day following expiration of the tolling period.
- In regular non-expedited appeals where an informal first 30-day extension to file a brief has been granted upon the adversary's consent and the new due date falls within the tolling period, the brief's due date is extended to the first business day following expiration.
- Deadlines fixed pursuant to orders filed in response to motions to extend brief due dates or to extend time to file a notice of appeal or motion for leave to appeal, and that fall within the tolled period, will be due on the date established by the court order. This includes current deadlines for brief extensions established by court order that fall within the tolled period. A party seeking any further relief must file an appropriate motion.
- Due dates for amicus curiae briefs set by the court are tolled.
- For more information, see our prior posts.
MUNICIPAL COURTS
- See our prior posts.