Fillable Form 3002: Wl Ft New Jersey Courts Directive (NJ Judiciary)

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Form 3002: Wl Ft New Jersey Courts Directive (NJ Judiciary)

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New
Jersey Courts
~
wl
Independence• In
tegrity•
Fairness• Qual
ity
Service
Administrative Office
of
the Courts
GLENN
A. GRANT, J.A.D.
Acting Ad
mi
nistrative Director
of
the Courts
Richard
J.
Hughes
Justice Complex • P.O.
Box
037
• Trenton,
NJ
08625-0037
n
jcourts.gov
•
Tel:
609
-
376-3000
•
Fax:
609-376-
3002
TO:
FROM:
SUBJ:
DATE:
Assignment Judges
Presiding Judges
-All
Divisions
~t¼
Glenn A. Grant, J.A.D.
~
Directive #12-20
[Questions
or
comments
ma
y
be
directed
to
Trial
Court
Services
at
609-
815-2900
ext.
55202]
Principles and Protocols for Virtual
Court
Operations During the COVID-19
Coronavirus
Pandemic-
(1) Methods
of
Conducting Remote
Court
Events;
(2) Access to the Public Record; and (3) Posting
of
Events Guidance
April 27, 2020
By
Order dated April 20,
2020
, the Supreme Court reinforced
our
commitment to
continuing the operations
of
the courts during the COVID-19 Coronavirus pandemic. This
directive implements the
Court's
Order and establishes guiding principles for when and how
remote court events will be conducted, including which events will by default be livestreamed
and which will require individualized permission for real-time participation
or
viewing.
Consistent with
our
policy
of
transparency and public access,
we
will continue to provide access
to video recordings, audio recordings, and written tran
sc
ripts upon request.
Guiding Principles for Sustaining Court Functions During the COVID-19 Crisis
The
protocols outlined in this directive, including the recommendations for each division
of
the Superior Court (Civil, Criminal, Family, General Equity, Probate, Special Civil,
Municipal) reflect our ongoing efforts to balance
the
ri
ghts and responsibilities
in
volved
in
continuing court operations in a virtual rather than in-person format. These principles are
as
follows:
•
As
announced in prior Orders and reiterated in the April
20
Order, during this public
health emergency
we
are proceeding with remote video and phone options instead
of
in-
person appearances.
ADA
Americans
with
Disabilities
Act
ENSURING
AN
OPEN D
OOR
TO
JUSTICE
rm
Directive # 12-20
April 27, 2020
Page 2
• We are prioritizing emergent and time-sensitive matters while continuing to support
routine functions as well.
• We are modifying operations to support continuity of services with careful adjustments.
o In all matters where the participants consent, a remote option (video or phone as
available and appropriate) will be used.
o The following matters will be conducted remotely using video and/or phone
options only with the consent of all parties: (1) sentencing hearings in Criminal,
Family, and Municipal matters; (2) juvenile delinquency adjudications; (3)
evidentiary hearings and bench trials in Criminal matters; (4) evidentiary hearings
and trials in Municipal matters that involve a reasonable likelihood of a jail
sentence or loss or suspension of license; (5) termination of parental rights trials;
and (6) hearings for an adjudication of incapacity and appointment of a permanent
guardian. In the absence of consent of all parties in these categories of matters,
judges will adjourn the matter and reschedule it for date in the future when in-
person appearances are again possible.
o Other matters will proceed remotely with or without consent. We will use
appropriate remote video or phone options, which will be selected taking into
consideration available resources, the type of event, and the participants.
o Judges will continue with routine hearings, arguments, and conferences to the
greatest extent possible absent a compelling reason to delay.
o Interpreting services must be provided for remote court events as required by the
Judiciary Language Access Plan (Directive #1-17).
• We are maintaining our Judiciary’s commitment to transparency while avoiding potential
inadvertent disclosures of confidential information and accommodating the finite nature
of our resources.
o Because the ability of the Judiciary to livestream remotely conducted court events
is limited by finite available resources, Civil, Family, General Equity, Probate,
Special Civil Part, and Municipal matters will not be livestreamed, absent a
showing of good cause in a particular matter, with the judge to make that
determination.
While the Judiciary can livestream events, such resources are limited.
Proceedings that do not need to be broadcast live by default should not be
livestreamed in order to ensure real-time public access for other matters.
Certain categories of proceedings should not be livestreamed because of
risks in a virtual setting that may not exist in the same way or to the same
degree in an in-person forum, for example, the risk of inadvertent
Directive # 12-20
April 27, 2020
Page 3
disclosure of confidential information in a civil commitment hearing or of
information about the location of a party in a hearing on domestic violence
or for other protective orders.
o Interested persons, including members of the public and the media, may request
real-time access to observe events that are not livestreamed but are not proscribed
from public access. Such access will be permitted, subject to resource limitations,
as determined by the court.
Information and directions for requesting real-time access to events that
are not livestreamed will be readily available to the public, including by
posting on the Judiciary’s public webpage.
Requests to observe court events that are not livestreamed will be
submitted to the judge handling the event, either by email or by phone.
Requests will be granted on the condition that the court event must not be
recorded or broadcast absent specific written permission from the
Assignment Judge or designee, consistent with the Supreme Court
Guidelines on Media Access and Electronic Devices in the Courts
(Directive #11-20).
The Request for Audio or Video Records of Remote Court Proceedings
During COVID-19 Crisis form (attached) should be used to request
records of court events that are not closed.
Transcripts of court events may be requested according to existing
Judiciary policies and procedures.
o For all events that are or may be livestreamed, judges have discretion not to live
broadcast, including based on resource limitations; technical difficulties;
preferences expressed by the parties, attorneys, witnesses, victims, or other
interested persons; risk of disclosure of information that is confidential; or for
other reasons including but not limited to public safety concerns. Real-time
public access to events still must be enabled consistent with the above provisions.
Events Guidance for Trial Courts – Technological Options and Public Access
Based on the above principles, we have created and will continue to refine lists for the
trial divisions of the Superior Court (Civil, Criminal, Family) and Municipal Courts showing: (1)
typical events that occur in that division; (2) what technology should be used for each type of
event; and (3) the nature of the public record. The Events Guidance lists are posted on the
Judiciary’s public webpage in the Attorneys section and the Self-Help Resources section.
The Events Guidance lists are subject to refinement based on the evolving public health
crisis and the Judiciary’s potential access to additional technology options. Consult the
Judiciary’s public webpage to review the most current events guidance documents.
Directive # 12-20
April 27, 2020
Page 4
Technology Available to the Courts
As indicated in the posted Events Guidance lists, we currently are using four technologies
to conduct court functions remotely: Zoom, Scopia, Microsoft Teams, and phone. Zoom or
Teams are encouraged and supported by the Judiciary. Municipal Courts may only utilize other
video options with approval of the Assignment Judge and consistent with Judiciary information
security requirements.
Zoom enables parties, witnesses, and attorneys with access to the internet to participate in
video court proceedings and generally is appropriate for livestreamed events including criminal
hearings. Scopia rather than Zoom, is used to conduct certain court events when a necessary
party is incarcerated. For non-livestreamed events – including closed proceedings – Microsoft
Teams generally is used for video conferencing. If video options are unnecessary given the
nature of the event, or unavailable due to resource restrictions or limited technology of a
participant, court matters also may be conducted by phone. The Judiciary is continuing to
explore additional options for video and phone conferencing.
Thank you for your dedication to continuing the operations of our courts during this
unprecedented emergency.
cc: Chief Justice Stuart Rabner AOC Directors and Assistant Directors
Attorney General Gurbir S. Grewal Clerks of Courts
Public Defender Joseph E. Krakora Trial Court Administrators
Civil Division Judges Special Assistants to the Administrative Director
Criminal Division Judges Civil Division Managers
Family Division Judges Criminal Division Managers
Municipal Court Judges Family Division Managers
Steven D. Bonville, Chief of Staff Municipal Division Managers
Published: 04/2020, CN: 12605
New Jersey Judiciary
Request for Audio or Video Records of Remote Proceedings
During COVID-19 Crisis
DISCLAIMER: Recordings may NOT be shared and may NOT be used to produce official transcripts.
They are for reference only.
1.
2.
Requesting Party
Name
Date
Address: Street
City
State
Zip Code
Email Address
Requestor’s Connection to the Case
☐ Plaintiff
☐ Defendant
☐ Plaintiff’s Attorney
☐ Defendant’s Attorney
☐ Victim
☐ Other
Case Information
Case Name (Plaintiff v. Defendant)
Trial Court Docket Number /
Indictment Number
Date(s) of Proceeding
Type of Proceeding
(e.g. trial, sentencing, motion, etc.)
Name of Judge
Any special instructions
Transcript Office
Select County:
Transcript Office Email:
For Court Staff Use Only
Processed By:
Date:
Notes:
ew
Jer
sey
Cou
rr.s
www.njco~r1,.9ov
Independence • Integrity
Fairness • QualityService
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Completed 21 July 2020

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