State v. Faber, ___ N.J. Super. ___ (App. Div. 2020). As discussed here, last month, the Appellate Division affirmed defendant’s Municipal Court convictions but remanded for correction of his sentence. The panel cited two matters that the Law Division had overlooked in sentencing. One of those was a statutory requirement that defendant install an ignition interlock in his vehicle. Today, however, the panel issued an opinion that “revises and replaces” the prior ruling. Judge Fuentes explained the reason for that. “After the opinion was published, the State filed a...

State v. Faber, ___ N.J. Super. ___ (App. Div. 2020). Today’s opinion by Judge Fuentes in this case, which originated in Municipal Court and then went to the Law Division, makes an important point: the Appellate Division reviews not the ruling of the Municipal Court, but that of the Law Division, which engages in de novo review of the Municipal Court. As a result, defendant’s conviction on DWI, reckless driving, and failure to maintain lanes was affirmed, though the sentence required correction. The Municipal Court, in finding defendant guilty, imposed fines and penalties, as...

Chief Justice Rabner has issued the General Assignment Order for 2020-21, which is available here. Judge Ostrer has replaced Judge Koblitz, who will be retiring, as Presiding Judge of Part C. The other Presiding Judges, who include Judges Sabatino, Fasciale, Alvarez, Messano, Fisher, Yannotti, and Fuentes, remain in place. Judge Messano continues as Presiding Judge for Administration, as does Judge Sabatino as Deputy Presiding Judge for Administration. The eight panels have been rejiggered, as is the case every year. Parts E and F list “TEMPORARY ASSIGNEE” as their fourth member....