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Essex County Prosecutor's Office | |||||||||||||||||
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| CENTRAL JUDICIAL PROCESSING UNIT | ||||||||||||||||||
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Under the Rules Governing the Courts of New Jersey (R.3:4-2), all defendants charged with an indictable complaint (as opposed to a disorderly persons offense) must appear before a judge to be informed of the charges against them and to arrange bail, if appropriate. Although defendants charged with offenses listed in R.3:26-2(a) can only make their first appearance before the Superior Court, the majority of first appearances are within the jurisdiction of the municipal court. In 1987, a Central Judicial Processing Court was established in Essex County to handle this responsibility for all municipalities in the County. The Essex County Prosecutor's Office assigns an Assistant Prosecutor / Director and two (2) Assistant Prosecutors to this Court. They are supported by three (3) clerical employees. The Assistant Prosecutors appear in Court for arraignment and bail hearings. In addition, the Assistant Prosecutors and support staff involved in the Central Judicial Processing (CJP) Unit are responsible for case screening. All criminal complaints in Essex County charging an indictable crime are "screened" so as to identify cases that properly state a crime subject to prosecution in Superior Court, and to divert those cases that can be more quickly and appropriately resolved at the Municipal Court level. The nature of the offense, surrounding circumstances, quality of the evidence and the character of the defendant are considered in making the screening decision. The assistant prosecutors performing the screening function can either administratively dismiss the charges, downgrade the charges to non-indictable offenses, or downgrade the charges. and refer the case to the Special Remand Court. By performing this type of early case screening, cases can be appropriately diverted before they enter the Grand Jury and Trial stages, thereby avoiding the waste of time, energy and precious resources. Generally, the first level of case screening in the Prosecutor's Office occurs at the municipal level (See INITIAL SCREENING description). Although the Office's CJP Unit was established for bail and arraignment purposes only, its original function has been expanded to include a second level of screening for most cases. In some cases (certain complaints filed by County and State law enforcement officials), the Assistant Prosecutors in the CJP Unit provide the initial screening. In addition to the screening options discussed above, complaints reviewed by the CJP Unit can be referred to Special Remand Court, where the Prosecutors Office retains the responsibility to prosecute the "tougher and stronger" disorderly persons cases, often involving drug-related offenses. Also, the CJP Unit can schedule cases for an expedited plea conference in the Pre-Indictment Plea Disposition Court, where a plea offer may be discussed. Below is a graph detailing by year the screening activity of the CJP Unit from 1995 to 2001. It includes all reviews, both custodial and non-custodial, and identifies the number of cases diverted to Special Remand or Municipal Court. In 2001, a total of 14,664 defendants were reviewed. Of these, 11,860 were referred for further action by the Prosecutor's Office (generally presentation to the Grand Jury for indictment). In 2005, the CJP Court arraigned approximately 10,830 criminal defendants. |
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