HPIOC 2015-2016 YEAR

The 2015-2016 session of the Haydn Proctor starts with the first meeting at the American Hotel on October 7, 2015.  

 

The cost will be as follows:

Judges & Law Clerks – No Charge

Graduates – No Charge

HPIOC Members - $25.00

Guests - $35 (spouses, significant other, friend or staff members)

Please let Renee Atshul know if you will be attending (This email address is being protected from spambots. You need JavaScript enabled to view it.) & if at all possible, please mail your check beforehand to:

Jacobowitz & Defino PC

Attn: Ms. Renee Atshul

PO Box 609

Oakhurst, NJ 07755

MV Black Box Bill Signed

Last week, the governor signed into law a bill limiting access to Event Data Recorders, commonly referred to as a "black box" in a motor vehicle. It's not an entirely accurate name, because it only records the last few seconds of data about a vehicle before a collision.  The bill applies to data including the “speed of the motor vehicle or the direction in which the vehicle is traveling, or both; vehicle location data; vehicle steering performance; vehicle brake performance including, but not limited to, whether brakes were applied before a crash; driver's seatbelt status; and information concerning a crash in which the motor vehicle has been involved.”

In civil practice, the data is supposed to be obtained through the regular discovery process.

It's a little different for criminal practice: it creates a privacy interest in the data (but not any audio or video). For law enforcement to get takes a search warrant or consent, or just a Grand Jury subpoena if all they are looking for is location data.  Two things: Although the bill only names consent as an exception to the warrant requirement, I doubt the legislature intended to statutorily limit the exceptions the State can assert. But you never know. Similarly, the bill enumerates the penalty at up to $5000 for a person who violates. I also doubt the legislature intended to exclude the exclusionary rule from applying to violations. But again, you never know.

CLICK HERE to see the bill.

Enjoy the Summer!!

Enjoy the summer!  We will see everyone again in the fall. 

Breakout Sessions - November 5, 2014

Just a reminder that on Nov. 5, 2014 there will be the Break-Out Haydn Proctor Inn of Court meetings:

The Criminal Group will be meeting at Lomurro, Davidson, Eastman & Munoz in Freehold at 5:30, any questions, please give Jack Hazard a call.

The Civil and Family Groups will be meeting at the Monmouth County Courthouse, 3rd Floor at 5pm.  If you are attending the Civil & Family Group meeting, could you please R.S.V.P. to Renee’ at This email address is being protected from spambots. You need JavaScript enabled to view it..

Also, just a reminder that Dues are due. If you have any questions, please give Renee’ a call at 732-517-0900, or send her an email.

Bail Reform Committee Report

The NJ Supreme Court Joint Committee on Criminal Justice’s report containing recommendations for bail changes was released today:

Press Release: http://www.judiciary.state.nj.us/pressrel/2014/pr140320a.pdf

Full Report: http://www.judiciary.state.nj.us/pressrel/2014/FinalReport_3_20_2014.pdf

The recommendations include:

Judges relying on objective factors to assess the level of risk an individual defendant poses and then impose appropriate conditions of pretrial release.

Pretrial service officers to monitor compliance with nonmonetary conditions of release and supervise defendants who are released pretrial.

A system of preventative detention for judges to use.

A speedy trial statute with a definitive timeframe for indictment and trial.