New Jersey Assembly Bill A1726

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Requires New Jersey Supreme Court to issue order dismissing certain charges, complaints, and arrest warrants filed with or issued by municipal courts and unresolved for five years or more; requires AOC to conduct certain studies.

Impact

If enacted, A1726 would significantly impact New Jersey's judicial system by reducing the existing backlog in the court system. It is posited that this measure will not only streamline court operations but also mitigate the disproportionate impact on communities of color who often face higher rates of unresolved minor charges. By eliminating old warrants, the bill aims to create an opportunity for individuals to move forward in their lives without the looming threat of arrest linked to minor offenses.

Summary

Assembly Bill A1726 aims to require the New Jersey Supreme Court to dismiss certain unresolved municipal court complaints and arrest warrants that are five years old or older. This legislation arises as a necessary supplement to a previous Supreme Court order that addressed a backlog of cases, allowing the court to focus on more severe matters while relieving individuals from the burden of outdated charges. The bill primarily targets petty disorderly persons offenses, such as minor shoplifting, simple assault, and disorderly conduct, which are deemed less severe than indictable offenses.

Contention

While the bill is supported by its sponsors as a necessary corrective measure, there may be concerns regarding the efficacy of completely dismissing old municipal complaints without some form of oversight. Critics could argue that such a broad dismissal policy may inadvertently allow for unaddressed problematic behaviors. However, the bill safeguards the ability for municipalities to enforce their own local ordinances, thus allowing them to retain control over local governance, which was a key point of contention during discussions surrounding this legislation.