State ex rel. V.A.

50 A.3d 610, 212 N.J. 1
CourtSupreme Court of New Jersey
DecidedSeptember 12, 2012
StatusPublished
Cited by27 cases

This text of 50 A.3d 610 (State ex rel. V.A.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. V.A., 50 A.3d 610, 212 N.J. 1 (N.J. 2012).

Opinions

Justice LaVECCHIA

In this appeal we review a decision by a county prosecutor to seek waiver of three juveniles, aged sixteen at the time of their offenses, to adult court for acts of delinquency that, as charged, were equivalent to aggravated assault, robbery, and second-degree conspiracy. A Family Part judge found probable cause that the juveniles committed the offenses but denied the waiver motion. The Appellate Division reversed, concluding that the Family Part overstepped its bounds. State ex rel. V.A., 420 N.J.Super. 302, 21 A.3d 619 (App.Div.2011). In this matter, we are called on chiefly to address the standard of review to be exercised by a court reviewing such motions for waiver.

[8]*8In 2000, the Legislature eased the conditions of waiver for juveniles, aged sixteen and over, who are charged with certain serious offenses, as were the juveniles here. See N.J.S.A 2A:4A-26(a), (e). While a prosecutor’s decision to seek waiver of such juveniles is discretionary, the Legislature directed the Attorney General to issue guidelines for prosecutors to promote uniformity, thereby preventing arbitrary exercise of that discretionary authority. N.J.S.A. 2A:4A-26(f); see State v. J.M., 182 N.J. 402, 419, 866 A.2d 178 (2005) (observing that guidelines advance legislative goal of uniformity through avoidance of arbitrariness and abuse of discretion). Guidelines issued by the Attorney General identify the factors that prosecutors are to address in a statement of reasons to support such waiver decisions, see Attorney General’s Juvenile Waiver Guidelines (Mar. 14, 2000) (hereinafter Guidelines), and we require submission of the statement of reasons with a motion seeking waiver, J.M., supra, 182 N.J. at 419, 866 A.2d 178.

In a court’s review of waiver motions carrying such serious consequences for the juvenile who is waived up to adult proceedings, we hold that the abuse of discretion standard applies. The abuse of discretion standard is appropriately deferential to the prosecutor’s decision to seek waiver when the statutory conditions are present while simultaneously acting to curb arbitrariness and the abuse of discretionary authority, thereby promoting the legislative interest in uniformity.

An abuse of discretion review does not allow the court to substitute its judgment for that of the prosecutor. Rather, a review for abuse of discretion involves a limited but nonetheless substantive review to ensure that the prosecutor’s individualized decision about the juvenile before the court, as set forth in the statement of reasons, is not arbitrary or abusive of the considerable discretion allowed to the prosecutor by statute. Cursory or conelusory statements as justification for waiver will not suffice to allow the court to perform its review under the abuse of discretion standard because such statements provide no meaningful explana[9]*9tion of the prosecutor’s reasoning. Applying that standard, we further hold that, in the instant matter, the prosecutor’s explanation in the Statements of Reasons was, in certain respects, lacking in detail. Therefore, we reverse and remand for a more full explanation by the prosecutor as detailed herein.

I.

Ordinarily we would begin with a recitation of the underlying facts and procedural history to the charges at the center of the waiver determination on appeal. However, in this instance, we find it more conducive to begin with the statutory provisions governing the juvenile waiver process in order to appreciate the arguments about the sufficiency of the prosecutor’s waiver application in this matter.

In its current form, N.J.S.A. 2A:4A-26 provides:

a. On motion of the prosecutor, the court shall, without the consent of the juvenile, waive jurisdiction over a case and refer that case from the Superior Court, Chancery Division, Family Part to the appropriate court and prosecuting authority having jurisdiction if it finds, after hearing, that:
(1) The juvenile was 14 years of age or older at the time of the charged delinquent act; and
(2) There is probable cause to believe that the juvenile committed a delinquent act or acts which if committed by an adult would constitute [one or more of the following types of enumerated offenses].
d. A motion seeking waiver shall be filed by the prosecutor within 30 days of receipt of the complaint. This time limit shall not, except for good cause shown, be extended.
e. If the juvenile can show that the probability of his rehabilitation by the use of the procedures, services and facilities available to the court prior to the juvenile reaching the age of 19 substantially outweighs the reasons for waiver, waiver shall not be granted. This subsection shall not apply with respect to a juvenile 16 years of age or older who is charged with committing any of the acts enumerated....
f. The Attorney General shall develop for dissemination to the county prosecutors those guidelines or directives deemed necessary or appropriate to ensure the uniform application of this section throughout the State.

The history of amendments to the juvenile waiver statute is well known, having been recounted in previous decisions of this Court. See J.M., supra, 182 N.J. at 411-12, 866 A.2d 178; State v. R.G.D., [10]*10108 N.J. 1, 4-15, 527 A.2d 834 (1987). Generally, the Legislature has moved in one direction: easing the conditions for waiver for the State, and concomitantly rendering it more difficult for the juvenile to avoid waiver of jurisdiction by the Family Part. J.M., supra, 182 N.J. at 412, 866 A.2d 178. The most significant alteration in that respect was accomplished by the amendments made effective in 2000 that eliminated the opportunity for a juvenile aged sixteen and over, who is charged with the most serious offenses, to demonstrate to the Family Court that he or she can be rehabilitated by the age of nineteen through programs available in the juvenile justice system and thereby defeat a waiver motion. L. 1999, c. 373. Under the current statute, once the State has established probable cause that a juvenile committed an act equivalent to an enumerated offense, waiver is required and the juvenile is denied the opportunity to present rehabilitation evidence. See J.M., supra, 182 N.J. at 412, 866 A.2d 178. As summarized in J.M., “the Legislature vested the prosecutor’s office with the primary responsibility for juvenile waiver decisions when the juvenile is sixteen years or older and charged with a designated offense. The intent was to increase prosecutorial discretion and to make waiver more likely in the ease of those juveniles.” Ibid.

That said, the Legislature added subsection f, directing the Attorney General to issue guidelines to ensure statewide the uniform application of this new prosecutorial discretion and thereby “eliminate arbitrariness or abuse of discretionary power.” Id. at 419, 866 A.2d 178 (citing State ex rel. R.C., 351 N.J.Super. 248, 257, 798 A.2d 111 (App.Div.2002)). The Attorney General promulgated “Juvenile Waiver Guidelines,” effective March 14, 2000. See Guidelines, supra.

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Bluebook (online)
50 A.3d 610, 212 N.J. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-va-nj-2012.