Bill Text: NJ S3749 | 2018-2019 | Regular Session | Introduced
Bill Title: Requires AOC to issue report to Senate on sentences imposed on persons for drug offenses, categorized by race, by certain non-tenured judges assigned to Superior Court, Law Division as requirement of eligibility for reappointment.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-05-16 - Introduced in the Senate, Referred to Senate Judiciary Committee [S3749 Detail]
Download: New_Jersey-2018-S3749-Introduced.html
Sponsored by:
Senator GERALD CARDINALE
District 39 (Bergen and Passaic)
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Requires AOC to issue report to Senate on sentences imposed on persons for drug offenses, categorized by race, by certain non-tenured judges assigned to Superior Court, Law Division as requirement of eligibility for reappointment.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the reappointment process for certain judges of the Superior Court or the Tax Court, and supplementing chapter 2 of Title 2B of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Administrative Director of the Courts, under the supervision of the Chief Justice of the Supreme Court, shall issue a report to the Senate on each judge of the Superior Court or judge of the Tax Court who, prior to reappointment and holding office during good behavior pursuant to Article VI, Section VI, paragraph 3 of the New Jersey Constitution or N.J.S.2B:13-7, is assigned by the Chief Justice to the Superior Court, Law Division pursuant to Article VI, Section VII, paragraph 2 of the New Jersey Constitution or N.J.S.2B:13-12 to handle proceedings for indictable and non-indictable offenses for a period of at least three months, which provides information about each sentence imposed by the judge based upon an offense set forth in the "Comprehensive Drug Reform Act of 1987," N.J.S.2C:35-1 et al., the "Anti-Drug Profiteering Act," N.J.S.2C:35A-1 et al., or the "Drug Dealer Liability Act," P.L.2001, c.114 (C.2C:35B-1 et seq.). The report shall specify the offense, the sentence of imprisonment or probation imposed, if any, and the race of the individual defendant subject to the sentence. The report shall also categorize the sentences based upon the race of the defendants and calculate the number of sentences for each racial category, as well as provide the average length of the sentences of imprisonment or probation imposed for each racial category, which average shall not factor in any sentences for which imprisonment or probation was not imposed.
b. (1) The judge's sentencing report described in subsection a. of this section shall be submitted by the Administrative Director of the Courts to the Senate not more than six months or less than four months prior to the expiration of the judge's initial seven-year term as set forth in Article VI, Section VI, paragraph 3 of the New Jersey Constitution or N.J.S.2B:13-7, unless during this time the judge has been assigned to the Superior Court, Law Division to handle proceedings for indictable and non-indictable offenses for less than three months, in which case the report shall be submitted to the Senate immediately upon the judge serving three months pursuant to that assignment.
(2) If the judge is nominated for reappointment, the judge's sentencing report shall be used by the Senate Judiciary Committee, and any other committee to which the nomination is referred, to assist the committee in its consideration for recommending the confirmation or rejection of the judge's nomination for reappointment, and to assist the Senate in its advice and consent duties regarding the confirmation or rejection of the nomination for reappointment. A judge's nomination for reappointment shall not be considered by a committee of the Senate or the full Senate until that judge's sentencing report has been submitted to the Senate by the Administrative Director of the Courts.
2. This act shall take effect on the first day of the third month next following enactment, and apply to any nomination filed with the Senate on or after that date.
STATEMENT
This bill would require the Administrative Director of the Courts to file a report with the Senate on sentences imposed on persons for drug offenses, categorized by race, by non-tenured judges of the Superior Court or the Tax Court assigned to the Superior Court, Law Division to handle proceedings for indictable and non-indictable offenses for a period of at least three months. Specifically, this sentencing report would: list the offense, the sentence of imprisonment or probation imposed, if any, and the race of the individual defendant subject to the sentence; categorize sentences based upon the race of the defendants and calculate the number of sentences for each racial category; and provide the average length of the sentences of imprisonment or probation imposed for each racial category.
The judge's sentencing report would be submitted by the Administrative Director of the Courts not more than six months or less than four months prior to the expiration of the judge's initial seven-year term as set forth in Article VI, Section VI, paragraph 3 of the New Jersey Constitution or N.J.S.2B:13-7, unless during this time the judge had been assigned to handle proceedings for indictable and non-indictable offenses for less than three months, in which case the report would be submitted immediately upon the judge serving three months pursuant to that assignment. If the judge was nominated for reappointment, the judge's sentencing report would be used by the Senate Judiciary Committee, and any other committee to which the nomination is referred, to assist the committee in its consideration for recommending the confirmation or rejection of the judge's nomination for reappointment, and to assist the Senate in its advice and consent duties regarding the confirmation or rejection of the nomination for reappointment. A judge's nomination for reappointment could not be considered by a Senate committee or the full Senate until that judge's sentencing report was submitted to the Senate.
