As discussed here, last year the Appellate Division addressed the “unsettled” question of which should come first in a criminal case involving a juvenile sought to be tried as an adult: a suppression motion in the Family Part or a waiver to the Criminal Part? The Appellate Division declined to adopt a bright line rule, instead observing that trial judges have substantial discretion in setting their calendars, and that the order in which to proceed is a “discretionary, highly contextual decision” dependent on the particular circumstances. The court stated, however,...

State v. Wade, ___ N.J. ___ (2022). As Justice Solomon said in his unanimous opinion for the Supreme Court today in this murder case, New Jersey courts “rarely find an error to be harmless when the State violates a defendant’s right against self-incrimination. That is not only because the right to counsel is so precious, but also because self-inculpatory statements are powerful evidence of guilt that is not easily overcome” (citation omitted). As a result, a suspect’s statements made after detectives fail to cease questioning once the suspect invokes the right to counsel...

The Supreme Court has been functioning for months with four Justices, plus Judge Fuentes on temporary assignment. Judge Fuentes is due to retire on September 1. At that time, the Court will lack a quorum, as Article VI, section 2, paragraph 1 provides that five members of the Court shall constitute a quorum. As a result, Chief Justice Rabner today issued an order temporarily assigning Judges Fisher, Sabatino, and Fasciale to the Supreme Court, effective September 1. (Judge Messano, the Chief Judge of the Appellate Division, waived this temporary assignment, according to the order). That...