N.J. Supreme Court withdraws order to ignore new plea bargain law – New Jersey Globe

The New Jersey Supreme Court today backed off a fight with the legislature over the endorsement of a new statute permitting plea bargaining to allow for ignition interlock devices in minor drunk driving cases.

In a memorandum sent at the direction of the Supreme Court last week, Glenn A. Grant,  the acting director of the Administrative Office of the Courts,  last week ordered municipal court judges to disregard a law passed unanimously by the legislature and signed by Gov. Phil Murphy.

But an outcry from key lawmakers over judicial interference led to a change of mind.

“The public interest is better served by collaboration among the coordinate branches of government,” an order signed by Chief Justice Stuart Rabner said.  “Accordingly, in the interest of comity, the Court adopts the statement of policy in the amendment to (the statute) and withdraws Guideline 4.”

The new law sought to supersede a 1974 court rule that prohibited municipal court plea bargains in DWI cases due to concerns over “abuse in the disposition of municipal court offenses… attributable to the part-time nature of the municipal courts and the lack of professionalism in those courts.”

“Because no actual case is before the court, we do not make a finding on that issue. At the same time, we recognize that the amendment reflects a policy statement by the legislature, which is within its prerogative, related to plea bargaining in municipal courts,” Rabner said in today’s order.

The order has the support of the six associate justices.