In re State

182 A.3d 960, 453 N.J. Super. 480
New Jersey Superior Court Appellate Division·Decided March 8, 2018·No. DOCKET NO. A–0135–17T1; A–0138–17T1; A–0308–17T1; A–0841–17T1·Published·Cited by 4 cases

Opinion

MESSANO, P.J.A.D.

*483The Code of Juvenile Justice (the Code), N.J.S.A. 2A:4A-20 to -48, grants the Family Part "exclusive jurisdiction in all cases where it is charged that a juvenile has committed an act of delinquency." N.J.S.A. 2A:4A-24(a) ; see also N.J.S.A. 2A:4A-23 (defining delinquency as "the commission of an act by a juvenile which if committed by an adult would constitute ... [a] crime ... disorderly persons offense or petty disorderly persons offense ... or ... violation of any other penal statute, ordinance or regulation"). "One of the 'major hallmarks of the Code' was to provide the newly created, specialized family court with flexibility in juvenile dispositions." State ex rel. C.V., 201 N.J. 281, 295, 990 A.2d 640 (2010) (quoting State ex rel. M.C., 384 N.J. Super. 116, 127, 894 A.2d 60 (App. Div. 2006) ).

We have said, "[e]ven with respect to a juvenile charged with conduct that would be a crime if committed by an adult, the overriding goal of the juvenile justice *962system is rehabilitation, not punishment." State ex rel. S.S., 367 N.J. Super. 400, 407, 842 A.2d 904 (App. Div. 2004), aff'd, 183 N.J. 20, 869 A.2d 875 (2005). The Court, nevertheless, has emphasized that while "rehabilitation traditionally has been regarded as the overarching objective of *484statutory schemes addressing juvenile delinquency ... and ... rehabilitation remains a primary goal of the ... Code[,]" the "Code also reflects a correlative emphasis on public safety and deterrence." State ex rel. J.L.A., 136 N.J. 370, 377-78, 643 A.2d 538 (1994) ; compare e.g., N.J.S.A. 2A:4A-21(a) (stating one purpose of the Code is "the care, protection, and wholesome mental and physical development of juveniles"), with N.J.S.A. 2A:4A-21(f) (stating another purpose is to "insure that any services and sanctions for juveniles provide balanced attention to the protection of the community, ... [and] accountability for offenses committed"). In short, the Code "provides a comprehensive scheme that empowers Family Part judges to tailor dispositions toward aiding and rehabilitating juveniles charged with delinquent acts, while simultaneously ensuring protection of the public from dangerous and/or repetitive juvenile offenders." C.V., 201 N.J. at 285, 990 A.2d 640.

We granted the State's motions for leave to appeal in these four appeals involving seven different juveniles and now consolidate the appeals in a single opinion. We must construe specific provisions of the Code and our Court Rules that reflect the rehabilitative and deterrent purposes of the Code, and which govern the balance of authority and responsibility between the prosecutor and the court in attempting to achieve those goals.

I.

Before addressing the legal issues presented, we provide some factual background as to each appeal, all of which are taken from orders entered by the same Family Part judge.1

*485State in the Interest of N.P. (A-0135-17)

On April 7, 2017, N.P., then sixteen-years old, was a backseat passenger in a car stopped by East Brunswick Police. Upon approaching the car, the officer claimed to have detected the odor of burnt marijuana. Subsequent investigation revealed ten white pills in N.P.'s jacket pocket. He was arrested and charged with unlawful possession of a prescription drug, N.J.S.A. 2C:35-10.5(e)(2), a fourth-degree crime.

The prosecutor recommended the complaint proceed to court on the "mandatory counsel calendar." The probation officer assigned to court intake services noted the prosecutor's recommendation and placed the matter on the July 3, 2017 court calendar.

On June 30, without notice or hearing, the judge entered an order that is the subject of our review. She noted the complaint was referred to court pursuant to N.J.S.A. 2A:4A-71(b) because it charged N.P. with a fourth-degree crime and the prosecutor had not consented to its diversion. However, citing N.J.S.A. 2A:4A-73(a), the judge diverted the complaint to the Juvenile Conference Committee (JCC), noting she was providing a statement of reasons to the complainant "pursuant to N.J.S.A. 2A:4A-73(b)."

*963The letter sent by the judge to the complaining police officer stated this was N.P.'s first involvement with the juvenile justice system, and the offense with which he was charged "resulted in no personal injury or property damage." The judge also identified the "most important factor" in her decision-"the availability of appropriate services outside referral to the court."

The judge stated that given the nature of the offenses, even "if th[e] matter were heard in court and [N.P.] plead[ed] guilty ..., it [was] probable ... he would be given a deferred disposition." See N.J.S.A. 2A:4A-43(b)(1). She explained that under a deferred disposition, there would be no monitoring or counseling for N.P. However, the JCC could impose "a multitude of creative conditions" and provide "the individualized attention [N.P.] may need." The judge explained that the JCC met in the evening, a more *486convenient time for all involved, and the officer would be able to attend its meetings.

State in the Interest of N.P. (A-0841-17)

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In re State, 182 A.3d 960, 453 N.J. Super. 480 (N.J. Ct. App. 2018).

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