New Jersey’s Section 2C:43-15 – Presentation of Proposed Rules at Judicial Conference

New Jersey has a specific statute, Section 2C:43-15, that outlines the process for proposing new rules related to criminal sentencing at the state’s annual Judicial Conference. This little-known law provides an important opportunity for legal experts to shape criminal justice policy in the state. As a New Jersey lawyer, it’s helpful to understand the background, procedures, and implications of Section 2C:43-15.

What is the New Jersey Judicial Conference?

The New Jersey Judicial Conference is an annual meeting of judges from across the state court system. It brings together judges from the New Jersey Supreme Court, Superior Court, Tax Court, and Municipal Courts. The purpose of the conference is to discuss issues facing the courts and consider reforms to improve the administration of justice. The Chief Justice of the New Jersey Supreme Court presides over the meeting.

The Judicial Conference is an important venue for setting statewide policies and priorities for the courts. The conference may propose new court rules, evaluate existing rules and procedures, and deliberate on legislation affecting the courts. Any resolutions passed at the Judicial Conference are considered carefully by the Supreme Court as it exercises its constitutional authority over court administration.

What is Section 2C:43-15?

Section 2C:43-15 is part of the New Jersey Code of Criminal Justice, specifically within the section on sentencing (2C:43). This statute sets forth a process by which new rules governing criminal sentencing may be proposed for consideration at the annual Judicial Conference.

The statute states: “The subject matter and a tentative draft of a rule or rules proposed to be adopted pursuant to this section shall be entered upon the agenda and discussed at the Judicial Conference required by R. 1:33-3.”

R. 1:33-3 refers to the New Jersey Court Rule that establishes the Judicial Conference. So Section 2C:43-15 simply provides a mechanism for sentencing-related proposals to be brought before the statewide Judicial Conference for discussion and potential recommendation to the Supreme Court.

What types of rules can be proposed under Section 2C:43-15?

The rules authorized by Section 2C:43-15 relate specifically to criminal sentencing. This may include rules regarding:

• General standards and procedures for sentencing
• Aggravating and mitigating factors used in determining sentences
• Sentencing ranges or terms for specific offenses
• Conditions, requirements, and supervision periods for probation or parole
• Eligibility criteria and procedures for alternative programs like drug court or pre-trial intervention
• Calculation of jail credit or gap-time credit
• Collection of fines, fees, penalties or restitution

So Section 2C:43-15 covers a wide array of policies that affect how sentences are imposed and implemented for criminal defendants. The statute provides a path for sentence-related rules to be reformed through the Judicial Conference process.

Who can propose new rules under Section 2C:43-15?

The statute does not specify who may bring forward proposals. In practice, rule proposals are typically submitted by committees organized through the Judicial Conference itself. For example, the Criminal Practice Committee and the Municipal Court Practice Committee often recommend rule amendments. Individual judges who serve on these committees can share ideas for sentencing reforms.

The Administrative Office of the Courts and the Attorney General’s office may also advance proposals, as they administer the court system and criminal justice policies. Groups of defense attorneys or prosecutors could potentially advocate for rule changes as well. And the state legislature could pass legislation directing specific reforms, though the Supreme Court retains ultimate authority over court rules.

So in reality, many stakeholders in the criminal justice system can initiate sentencing proposals for consideration under Section 2C:43-15. But the formal submission to the Judicial Conference agenda comes through the established committee process.

What is the process for adopting new rules proposed at the Judicial Conference?

The Judicial Conference itself does not officially enact new rules. Rather, it deliberates on proposals and makes recommendations to the Supreme Court. Here is the general process:

1. A committee or other stakeholder submits a proposed rule amendment to the Judicial Conference agenda.
2. The proposal is discussed at the Judicial Conference, where judges and court administrators can provide input. The Conference may recommend adoption of the rule, reject it, or suggest modifications.
3. If the Conference recommends adoption, the proposal is forwarded to the Supreme Court. The Supreme Court will then publish the proposed rule for public comment.
4. After considering the public feedback, the Supreme Court makes the final determination on whether to officially adopt the rule amendment.
5. If adopted, the new or amended rule is codified within the New Jersey Court Rules. It will specify an effective date for implementation.
6. The Administrative Office of the Courts then disseminates information on the new rule to judges statewide. Any needed training, procedural changes, or system updates are rolled out.

So the Judicial Conference vets the policy, but the Supreme Court has the final say through this rigorous process. Section 2C:43-15 just sets the stage for sentencing proposals to enter the pipeline via the Judicial Conference.

What are some examples of rules proposed under Section 2C:43-15?

There are a few recent examples of sentencing rules that entered the approval process through Section 2C:43-15 and the Judicial Conference:

• In 2015, a rule amendment was proposed to establish new procedures and forms for courts to waive mandatory minimum sentences for certain drug offenses. This implemented a new law directing courts to conduct an individualized assessment before imposing a mandatory term.
• A 2017 proposed rule change addressed how to calculate and award gap-time credits when defendants have multiple pending charges across different courts. This attempted to standardize and clarify proper crediting for time served.
• In 2019, rule amendments adjusted the procedures, eligibility criteria, and confidentiality standards for the Pretrial Intervention (PTI) program, which provides an alternative to traditional prosecution.
• A 2022 proposal sought to codify requirements for judges to state their reasons for imposing consecutive sentences on the record during sentencing hearings.

So the rules span various consequential issues in sentencing policy and practice. Section 2C:43-15 provides the gateway for these reforms to be considered.

What are the benefits of using the Judicial Conference process to propose sentencing rules?

There are a few advantages to using the Section 2C:43-15 process rather than trying to achieve reforms solely through legislation:

• It allows judges and court administrators to take the lead in crafting policies that directly impact their day-to-day work.
• The Judicial Conference vets proposals through multilevel review, drawing on diverse expertise within the courts.
• Since the Supreme Court has authority over court rules, proposed changes avoid potential conflicts with the legislature.
• Stakeholders like prosecutors and defense attorneys can provide input through the public comment period.
• The process tends to be more nimble than legislative action. Rule amendments can be implemented relatively quickly.
• Rules are more flexible than statutes and can be readily updated in response to emerging issues.

Overall, Section 2C:43-15 establishes a judge-led, court-centered process for continuous assessment and refinement of criminal sentencing policies. This mechanism recognizes the judiciary’s inherent interests and responsibilities in this critical area.

How can attorneys and advocates engage with the Section 2C:43-15 process?

Here are some tips for attorneys and advocates seeking to engage with the Judicial Conference rule proposal process:

• Join relevant sections or committees of the N.J. State Bar Association or county bar associations. These groups often develop rule change proposals and coordinate feedback.
• Connect with judges who serve on the Judicial Conference committees that handle sentencing proposals. Share ideas and concerns.
• Submit written comments during the Supreme Court’s public comment periods on proposed rule changes. Provide empirical evidence when possible.
• Attend Judicial Conference sessions that are open to the public. Engage in discussions about potential rules under consideration.
• Review annual reports of the Judicial Conference committees to stay apprised of pending proposals.
• Partner with academic institutions to research the potential impacts of sentencing policy reforms.
• Organize continuing legal education seminars to update the bar on significant rule changes.

The Section 2C:43-15 process ultimately relies on active engagement from legal practitioners closely involved in criminal sentencing. There are many avenues to contribute experience-based perspectives on proposed reforms.

The Bottom Line

Section 2C:43-15 of the New Jersey Code of Criminal Justice enables important sentencing policies and procedures to be shaped through the time-tested Judicial Conference process. With criminal justice reform remaining a pressing priority, this statute provides a valuable mechanism for practitioner-driven enhancements to be developed, vetted, and enacted. The state’s bar should thus be well-versed in Section 2C:43-15 as a tool for constructive participation in improving New Jersey’s sentencing framework.