State ex rel. D.J.C.

607 A.2d 1371, 257 N.J. Super. 118, 1992 N.J. Super. LEXIS 231
CourtNew Jersey Superior Court Appellate Division
DecidedJune 16, 1992
StatusPublished
Cited by2 cases

This text of 607 A.2d 1371 (State ex rel. D.J.C.) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. D.J.C., 607 A.2d 1371, 257 N.J. Super. 118, 1992 N.J. Super. LEXIS 231 (N.J. Ct. App. 1992).

Opinion

The opinion of the court was delivered by

GRUCCIO, J.A.D.

This is an appeal from a dismissal of the State’s juvenile complaint for failure to provide discovery. The alleged conduct, if committed by an adult, would constitute second degree aggravated assault, N.J.S.A. 2C:12-lb; attempted theft, N.J.S.A. 2C:5-1 and 2C:20 — 3; eluding a police officer, N.J.S.A. 2C:29-2b and simple assault, N.J.S.A. 2C:12-la(l). These complaints were filed February 4, 1991, relating to an incident that occurred on January 30, 1991.

A car operated by D.J.C. pulled up to S.N., age 10, who was selling American flags by the curb near his home. His father, Lt. N., a lieutenant in the Rutherford police department, witnessed the incident. V.C., a passenger in the car driven by D.J.C., asked S.N. what the flags were made of and asked to feel them. V.C. leaned out of the car and attempted to grab the flags from the child’s hand. The vehicle began to pull away from the curb. Lt. N. signaled the driver to pull over, but, instead, he sped off. Lt. N. got into his personal car and pursued the suspect. At one point, he got the car to pull over, stepped out of his car, held up his badge and ordered the driver to pull the vehicle over to the curb. The driver sped off. Lt. N. pursued him, and after making several turns, J.D.C. failed to stop at a stop sign and nearly crashed his car into Lt. C., an off-[120]*120duty police officer, who then joined the pursuit. D.J.C. was finally stopped by traffic and both officers exited their vehicles. Lt. C. approached DJ.C.’s vehicle from the front and Lt. N. approached the driver’s door. Lt. C. held up his arms and instructed the driver to get out of the car. D.J.C. accelerated the car and struck Lt. C., knocking him onto the hood and into the windshield. At the same time, the car ran over Lt. N.’s right foot, went over the sidewalk and left the scene. The car was subsequently traced to DJ.C.’s home. Fortunately, Lt. N. suffered no injury to his foot, and Lt. C. suffered minor back injuries.

A trial date of March 11, 1991, was assigned, which was 40 days following the incident. On March 5, 1991, DJ.C.’s attorney requested an adjournment of the March 11th date since he had not received the State’s discovery. That request was denied. The State appeared on March 11, 1991, and also requested an adjournment, since two witnesses could not be secured and the local police had not yet furnished the prosecutor’s office with the reports to be forwarded to defense counsel. The assigned judge expressed distress over other cases in which police officers harassed families by “writing bogus complaints” and not showing up, and dismissed all the complaints against D.J.C.

The State immediately moved for reconsideration, but received no answer from the judge. Accordingly, on April 24, 1991, the State filed a notice of appeal before the time to appeal expired. The judge then responded by an opinion letter dated July 22, 1991, in which he stated that the motion had been mislaid when he moved his chambers in May 1991. He further stated that, in the four months during which he had been hearing juvenile cases, he found that police officers often did not respond to subpoenas and discovery is not expeditiously obtained by the prosecutor’s office and provided to the attorneys for juveniles. His stated policy was “that all juvenile [121]*121cases be adjudicated within three months of filing of the complaint, 30 days if the juvenile is in the Detention Center.”1

Here, however, D.J.C. was not detained at any time during the pendency of the proceedings. We find the judge’s action wholly unwarranted and reverse.

There is an overriding policy which is firmly imbedded in our law which disfavors the procedural dismissal of cases, except on the merits. Procedural dismissal is a choice of last resort not one of first instance. Surely, dismissal should not ordinarily, if ever, be used punitively or as a method of calendar control.

Early in the era of our modern court system we addressed the issue of adjournments in civil matters and concluded a dismissal was improperly entered. We said that “[w]e must never forget that courts exist for the sole purpose of rendering justice according to law. No eagerness to expedite business, or to utilize fully the court’s time, should be permitted to interfere with our high duty of administering justice in the individual case.” Pepe v. Urban, 11 N.J.Super. 385, 389, 78 A.2d 406 (App.Div.1951); and see Allegro v. Afton Village Corp., 9 N.J. 156, 161, 87 A.2d 430 (1952).

With such precedent established in the very early years of our modern court system, we signaled our intention that cases be heard on the merits. In Zaccardi v. Becker, 88 N.J. 245, 253, 440 A.2d 1329 (1982), our Supreme Court said that because dismissal is a severe sanction, it should be used sparingly, and in Audubon Volunteer Fire Co. No. 1 v. Church Const. Co., 206 N.J.Super. 405, 407, 502 A.2d 1183 (App.Div.1986), we [122]*122pointed out many ways, short of dismissal or default, to deal with problems of calendar control. There, we said that “[u]ntil courts have exhausted means of performing their shepherding function which do not terminate or deeply affect the outcome of a case, they ought not to bar a litigant’s way to the courtroom,” and in Georgia v. Scarpa, 226 N.J.Super. 244, 254, 543 A.2d 1043 (App.Div.1988), we stated:

Our primary focus in the administration of justice is the delivery of quality justice; the elements of which are: (1) adequate pretrial preparation and a fair trial, which in effect is due process; (2) expeditious disposition, and (3) economically effective operation. The court must balance these elements and never favor the latter two above the first, fair play.

Indeed, here, the words of Justice Potter Stewart, then sitting in the United States Court of Appeals, are particularly apt: “The prompt and vigorous administration of the ... law is to be commended and encouraged. But swift justice demands more than just swiftness.” Henderson v. Bannan, 256 F.2d 363, 390 (Stewart P., dissenting) (6th Cir.1958), cert. den., 358 U.S. 890, 79 S.Ct. 129, 3 L.Ed.2d 118 (1958).

In the administration of the criminal courts where the trial court granted defendant’s motion to suppress and dismissed the indictment because of the arresting officer’s inability to be present, we reversed and said:

The extreme remedy of granting the motion to suppress, a remedy tantamount to dismissal of the indictment, was too severe and disproportionate to the circumstance. As we observed in State v. Porro, 175 N.J.Super. 49, 52 [417 A.2d 573] (App.Div.1980), in reversing an order of the Law Division dismissing the indictment on the ground of prosecutorial misconduct,

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Related

State v. Ruffin
853 A.2d 311 (New Jersey Superior Court App Division, 2004)
State v. Gomez
775 A.2d 645 (New Jersey Superior Court App Division, 2001)

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Bluebook (online)
607 A.2d 1371, 257 N.J. Super. 118, 1992 N.J. Super. LEXIS 231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-djc-njsuperctappdiv-1992.