State v. Lawrence

137 A.3d 1200, 445 N.J. Super. 270, 2016 N.J. Super. LEXIS 107
CourtNew Jersey Superior Court Appellate Division
DecidedApril 8, 2016
StatusPublished
Cited by4 cases

This text of 137 A.3d 1200 (State v. Lawrence) 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 v. Lawrence, 137 A.3d 1200, 445 N.J. Super. 270, 2016 N.J. Super. LEXIS 107 (N.J. Ct. App. 2016).

Opinion

The opinion of the court was delivered by

LIHOTZ, P.J.A.D.

Defendant Gail Lawrence appeals from a January 29, 2013 Law Division order denying her motion for reconsideration to reinstate her municipal court appeal, dismissed for failure to timely submit a brief. For the reasons below, we reverse the dismissal, reinstate defendant’s trial de novo request, and remand the matter for further proceedings.

The facts are not disputed. The Palisades Interstate Park Police Department issued defendant several summonses on December 6, 2010, December 21, 2010, and February 17, 2011,1 citing [272]*272eleven traffic violations and issuing five criminal charges. Defendant was represented by counsel during the municipal court trial, which was conducted on two non-consecutive days.

The municipal court judge found defendant guilty of six traffic offenses, including speeding violations prohibited by Palisades Interstate Park Ordinance 413.1(b); following too closely, N.J.S.A. 39:4-89; failure to possess documents, N.J.S.A. 39:3-29; driving while suspended, N.J.S.A 39:3-40; having unclear plates, N.J.S.A 39:3-33; and careless driving, N.J.S.A. 39:4-97. Additionally, he convicted defendant of two counts of obstructing administration of the law, N.J.S.A. 2C:29-l(a). The judge suspended defendant’s driving privileges for ninety days, imposed one year of probation, thirty days in jail as a condition of probation, and fines and penalties totaling $2,850.

On June 25, 2012, defendant, acting pro se, timely filed a notice of appeal and request for trial de novo of the municipal court convictions. In completing the standard “Notice of Municipal Court Appeal” form, defendant identified the municipal court ticket, inserted her name and address, inserted the name of her municipal court counsel (former counsel) following the line “Lawyer’s Name,” and completed the statement “I, Gail Lawrence, am appealing to the Superior Court from a conviction entered in the Palisades Interstate Municipal Court on July 15, 2012.”

Within two weeks, defendant hired current counsel to represent her in the trial de novo. Counsel did not file a notice of appearance, but instructed defendant to be aware the scheduling notice would be sent to her because she filed the appeal. By August 6, 2012, defendant advanced approximately $3,000 to obtain the municipal court trial transcripts.

A scheduling letter set trial for October 10, 2012, and noted defendant’s brief was due on September 12, 2012. However, the [273]*273letter was faxed to former counsel, not defendant. When current counsel learned defendant’s brief was past due, he wrote to the judge on September 20, 2012. He advised he represented defendant, who had filed the appeal herself, and explained the clerk’s office erred in transmitting scheduling notices, which were not sent to defendant. Current counsel advised he was prepared to proceed to trial, requested a new trial date, and the date to file a brief. On September 27, 2012, the judge dismissed defendant’s municipal appeal, without prejudice, citing only defendant’s failure “to diligently pursue her appeal.”

Current counsel moved to reinstate the appeal.2 The unopposed application was supported by certifications of current counsel, defendant, former counsel, and documents explaining how court notices were not sent to defendant, who remained unaware of the imposed deadlines, and describing former counsel’s efforts to rectify the confusion.

Current counsel stated when he learned notices were not sent to defendant and the brief deadline had passed, he immediately contacted the court, the individual assistant prosecutor and the Bergen County Prosecutor’s office informing them of his representation. Speaking to the judge’s clerk, on or about September 20, 2012, current counsel explained the mix-up and requested an extension of time to file defendant’s brief. Defendant certified court personnel told her to list former counsel under “Lawyer’s Name” because he represented her during the municipal court proceeding, despite clarifying she was self-represented. Former counsel stated when he received the scheduling letter he called the clerk’s office on two occasions to advise he was not representing defendant. He was assured the matter would be corrected and only notified defendant when he received the order of dismissal.

On appeal, defendant argues:

[274]*274 POINT I
BECAUSE THE CLERK FAILED TO SEND DOCKETING AND HEARING NOTICES!,] AS REQUIRED BY RULE 3:23-4(b)0 IT WAS ERROR TO DISMISS THE APPEAL FOR FAILURE TO PROSECUTE.
POINT II
BECAUSE THE DISMISSAL WAS NOT ATTRIBUTABLE TO [DEFENDANT], AND THERE WOULD HAVE BEEN NO PREJUDICE TO THE RESPONDENT, THE TRIAL COURT ABUSED ITS DISCRETION BY DENYING THE MOTION TO REINSTATE THE APPEAL.

In our review, we recognize the deferential standard applicable to determinations for reconsideration, Cummings v. Bahr, 295 N.J.Super. 374, 384, 685 A.2d 60 (App.Div.1996) (reconsideration rests “within the sound discretion of the court, to be exercised in the interest of justice” (quoting D’Atria v. D’Atria, 242 N.J.Super. 392, 401, 576 A.2d 957 (Ch.Div.1990))); however, this matter must be viewed in the context of the substantive effect of the order denying defendant her fundamental right to appeal a municipal court conviction. See State v. Martin, 335 N.J.Super. 447, 451, 762 A.2d 707 (App.Div.2000) (“[T]he omission to advise defendant with regard to her right to appeal and the applicable time frame was another departure from fundamental requirements_”); R. 7:14-1(c).

Regarding the challenge raised in Point I, we note the uncontro-verted facts described in defendant’s motion set forth the confusion caused when the clerk’s office assumed defendant’s former counsel, listed on her notice of appeal as instructed, was representing her in the Law Division and sent all notices to him, not defendant. Even if strategies could have been employed to obviate this problem, defendant’s explanation appears reasonable and further discussion of the issue is unnecessary.

We focus on the arguments advanced in Point II. Following our review, we conclude, under the circumstances presented, dismissal of defendant’s municipal appeal and denial of the motion seeking its reinstatement represented an abuse of discretion. The orders must be vacated and the appeal reinstated.

[275]*275Rule 7:13-1 governs appeals from municipal court convictions. The rule provides such appeals are presented in accordance with Rules 3:23 and 3:24. More specifically, Rule 3:23-2 defines the time and manner within which appeals from final judgments of municipal court actions are taken, and Rule 3:23-3 outlines the requirements and contents included in a notice of appeal. Once an appeal is filed, Rule

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Bluebook (online)
137 A.3d 1200, 445 N.J. Super. 270, 2016 N.J. Super. LEXIS 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lawrence-njsuperctappdiv-2016.