I. State Issues
a. Governor Signs Bill Revising Effective Dates of Certain Sections of
Revised Animal Cruelty Law
Yesterday, Governor Murphy signed A-4225 into law. A-4225 revises the effective dates of certain sections of the recently enacted reforms to the Animal Cruelty Laws (P.L. 2017, C.331). Specifically, Section 6 (which pertains to the appointment of certified animal control officers) and Section 32 (which pertains to county societies for the prevention of cruelty to animals) of P.L. 2017, c.331, will no longer become effective August 1, 2018 and now become effective February 1, 2019. In addition, Section 8 of P.L. 1997, c.247, (which outlines the authority of a certified animal control officer to enforce all animal cruelty laws, investigate and sign complaints, and make arrests) which was scheduled to be repealed on August 1, 2018, will now be repealed on February 1, 2019.
While the effective dates of the law changes have been adjusted it is important to note that no substantive changes have been made to recent reforms to the Animal Cruelty Law. You should review the change in the effective dates of these sections with your municipal attorney for further information on how it impacts your municipality.
Contact: Frank Marshall, Esq., League Staff Attorney, FMarshall@njlsom.org, 609-695-3481 x137.
b. State AG to Issue Guidance on Charging Marijuana-Related Offenses
in Municipal Court
On Tuesday, State Attorney General, Gurbir Grewal circulated a letter to municipal prosecutors regarding the appropriate use of prosecutorial discretion in marijuana-related offenses in municipal court. The letter was in response to Jersey City’s recent efforts to make it their policy to no longer prosecute marijuana charges in municipal court. The Attorney General, citing his supervisory authority, rendered Jersey City’s policy void and without legal effect. However, as a result of this back-and-forth and subsequent meeting between the two parties, the Attorney General determined that municipal prosecutors would benefit from additional guidance concerning the scope of their discretionary authority in regards to marijuana offenses.
The Attorney General has committed to convening a working group to further discuss this issue and plans on issuing guidance to municipal prosecutors via a statewide directive, before the end of August. In the interim, the Attorney General has instructed all municipal prosecutors to seek an adjournment until September 4, 2018, or later, on any matter involving a marijuana-related offense pending in municipal court. This instruction does not prevent local law enforcement from exercising their authority, with regards to violations of any State laws or local ordinances.
Contact: Frank Marshall, Esq., League Staff Attorney, FMarshall@njslom.org, 609-695-3481 x137.
c. NJ Supreme Court Seeking Comment on Potential Dismissal of Older
Municipal Court Charges
Late last week, the State Supreme Court issued a notice that it would be conducting hearings and seeking public feedback on a proposal to dismiss older, pending, minor municipal court matters. The notice comes on the heels of the recently released Report on Municipal Courts, which included among others, a recommendation to develop a process for the dismissal of old municipal complaints.
As explained in the Court’s notice, more serious matters would not be considered for dismissal, regardless of the age of the matter. These more serious matters include; indictable charges, disorderly persons charges, petty disorderly persons charges, and certain motor vehicle charges such as driving while intoxicated, drugs in motor vehicle, reckless driving, and passing a stopped school bus, just to name a few. A full list of the motor vehicle charges not included for potential dismissal is available within the Court’s Notice.
The Court has appointed three Superior Court Assignment Judges to act as a three-judge panel and tasked them with conducting a series of hearings in the northern, central, and southern part of the State with the goal of determining why, minor municipal court complaints pending for more than fifteen years should not be dismissed. Notice of the hearing dates will be provided to the League and others, as well as to individual municipalities to be affected by such an order. And, at least 60 days prior to the hearing dates, the Panel will make available a list of cases to potentially be dismissed within each municipality. All interested parties are able to participate in the hearings but must submit in writing their position prior to the public hearing dates.
At the conclusion of all the hearings the Panel will issue a report to the Supreme Court which will include a recommendation for the general disposition of older, pending, minor municipal court matters. The report will also, if necessary, recommend a process and time frame to raise challenges to the dismissal of individual complaints against specific defendants.
You should review this matter with your municipal prosecutor and municipal court administrator for more information and the potential impact the dismissal of these complaints would have on your municipality. The League will keep our members updated on this matter and will alert you once hearings have been scheduled.
Contact: Frank Marshall, Esq., League Staff Attorney, FMarshall@njslom.org, 609-695-3481 x 137.
d. Assembly Committee Holds Hearing on Affordable Housing
On Wednesday in Trenton, the Assembly Housing and Community Development Committee held a hearing to receive testimony regarding the affordable housing needs of the State. Former League President and co-chair of the League’s Affordable Housing Committee, Mayor Janice S. Mironov of East Windsor provided testimony on behalf of the League. Several other stakeholders, including individual mayors from across the state, also presented testimony to the Committee.
Wednesday’s hearing was the first of the five public hearings the Committee plans to hold on this topic. The remaining four hearings are to be scheduled before the end of the year and will held throughout the state. The League will alert our members once the remaining hearings are scheduled.
Contact: Frank Marshall, Esq., League Staff Attorney, FMarshall@njslom.org, 609-695-3481 x137.
e. Nomination Petitions Must Include Email Address
Effective immediately petitions for nomination of a candidate for any State, county, school, or municipal elective public office must include a functioning e-mail address for the candidate. P.L. 2018, c. 66 was signed by Governor Murphy July 20.
Contact: Lori Buckelew, Senior Legislative Analyst, lbuckelew@njslom.org, 609-695-3481 x112.
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