A showdown between the judicial and legislative branches of state government was averted on Friday when the New Jersey Supreme Court announced that it would not stand in the way of a new law which permits municipal prosecutors to plea bargain certain DWI violations.
The Court’s position was communicated in an order, authored by Chief Justice Rabner, which contradicts the position previous espoused by Glenn Grant, acting director of the Administrative Office of the Courts, who had directed the state’s municipal court judges to enforce “Guidelines 4” which prohibits DWI/DUI plea bargaining.
“Because no actual case is before the Court, we do not make a finding on that issue,” the Order cosigned by six associate justices explained. “At the same time, we recognize that the amendment reflects a policy statement by the Legislature, which is within its prerogative, related to plea bargaining in municipal courts. […] As noted before, the Court also explained the ban on plea bargaining was ‘intended to support the policy decision of the legislative and the executive branches.’ The revised statute provides new direction on that policy.”
“The public interest is better served by collaboration among the coordinate branches of government,” added Rabner.
Click here to read the full order.
