summary hearing in New Jersey

2020State v. Paladino, 203 N.J.

2019Co., 234 N.J. 459, 477 (2018) ("A court imposing restitution must 'conduct at least a summary hearing' to determine the ability to pay." (quoting State v. Paladino, 203 N.J.

2019"The scope of appellate review of contempt cases is broad." In re Hinsinger, 180 N.J.

1987In the matter of Contempt of Carton, 48 N.J. 9, 21 (1966); In re Hinsinger, supra, 180 N.J.

2020With that authority comes enormous responsibility for ensuring public confidence that the State's law enforcement officers are honest, unbiased and themselves law abiding and thus possessed of legitimate authority to "'exercis[e] the most awesome and dangerous power that a democratic state possesses with respect to its residents—the power to use lawful force to arrest and detain them.'" Rawlings, 133 N.J. at 189 (quoting Policemen's Benevolent Ass'n of N.J., Local 318, 850 F.2d at 141).

2020Appellants in A-4002-19 have advised us of an unfair practice charge filed with PERC in June against the City of Paterson by Paterson Police PBA Local 1 and Paterson Police PBA Local 1 Superior Officers Association with interim restraints against publication of the names of current or former officers "who in the past twenty (20) years have been fired, demoted, or suspended for more than five days due to a disciplinary violation, whether with, or without a summary of the violation." A-3950-19T4 61 democratic state possesses with respect to its residents—the power to use lawful force to arrest a

1993See Doe v. State, 165 N.J.Super. 392, 403-06 , 398 A.2d 562 (App.Div.1979); W.C. v. P.M., 155 N.J.Super. 555, 563-66, 383 A.2d 125 (App.Div.1978); New Jersey Div. of Youth & Family Servs. v. Torres, 185 N.J.Super. 234, 245 , 447 A.2d 1372 (J. & D.R.

1993See Doe v. State, 165 N.J.Super. 392, 403-06 , 398 A.2d 562 (App.Div.1979); W.C. v. P.M., 155 N.J.Super. 555, 563-66, 383 A.2d 125 (App.Div.1978); New Jersey Div. of Youth & Family Servs. v. Torres, 185 N.J.Super. 234, 245 , 447 A.2d 1372 (J. & D.R.

1991Although a court may have the discretionary right to impose restitution as a condition of probation, State v. Harris, 70 N.J. 586, 591-593 [ 362 A. 2d 32 ] (1976), settled law requires the court to conduct at least a summary hearing.

1991Although a court may have the discretionary right to impose restitution as a condition of probation, State v. Harris, 70 N.J. 586, 591-593 [ 362 A. 2d 32 ] (1976), settled law requires the court to conduct at least a summary hearing.

1976See People v. Scherr, 9 Wis. 2d 418 , 101 N. W. 2d 77, 80-81 (1960). 5 Moreover, in the summary type of hearing which we project the judge will not be unmindful that in imposing the sanctions of the law, consideration is to be given to the offender as well as the offense involved.

1976See People v. Scherr, 9 Wis. 2d 418 , 101 N. W. 2d 77, 80-81 (1960). 5 Moreover, in the summary type of hearing which we project the judge will not be unmindful that in imposing the sanctions of the law, consideration is to be given to the offender as well as the offense involved.

2025See Doe, 142 N.J. at 31 (explaining that consistent with the summary hearing procedures on tier classification, the trial court shall control the manner of the proceeding).

2025See Doe, 142 N.J. at 31 (explaining that consistent with the summary hearing procedures on tier classification, the trial court shall control the manner of the proceeding).

2003As requested by the CPRB, the court held a summary hearing, at which DYFS argued that the Family Part and child placement review board had no jurisdiction to review the placement plan; that an administrative appeal by the grandparents from the DYFS foster parent adoption plan was being processed and constituted adequate review of its placement decision; and that the grandparents’ ultimate remedy would be an appeal to this court from any adverse administrative decision. [Id. at 40, 791 A.2d 256 .] The Family Part judge rejected those arguments and ordered a best interests hearing.

2003As requested by the CPRB, the court held a summary hearing, at which DYFS argued that the Family Part and child placement review board had no jurisdiction to review the placement plan; that an administrative appeal by the grandparents from the DYFS foster parent adoption plan was being processed and constituted adequate review of its placement decision; and that the grandparents' ultimate remedy would be an appeal to this court from any adverse administrative decision. [ Id. at 40, 791 A. 2d 256 .] The Family Part judge rejected those arguments and ordered a best interests hearing.

1994The court shall make a determination based upon the report and any other information before it; provided, however, that if: ... (2) A party entitled to participate in the proceedings requests a hearing; ... the court may schedule a summary hearing. [N.J.S.A. 30:4C-61b.] As noted in The State of New Jersey in the Interest of L.L., 265 N.J.Super. 68, 75 , 625 A.2d 559 (App.Div.1993), there is no indication of who a “party” is, but we assume that the foster parents are entitled to participate in such a placement hearing based on the requirement that a “temporary caretaker” receive notice.

1994The court shall make a determination based upon the report and any other information before it; provided, however, that if: ... (2) A party entitled to participate in the proceedings requests a hearing; ... the court may schedule a summary hearing. [N.J.S.A. 30:4C-61b.] As noted in The State of New Jersey in the Interest of L.L., 265 N.J.Super. 68, 75 , 625 A.2d 559 (App.Div.1993), there is no indication of who a “party” is, but we assume that the foster parents are entitled to participate in such a placement hearing based on the requirement that a “temporary caretaker” receive notice.

2019Super. 537, 547 (App. Div. 1985))); State v. Scribner, 298 N.J.

2019Following a summary hearing on notice to the owner, the Family Part: A-3426-16T4 10 shall order the return of the firearms, weapons and any authorization papers . . . if the court determines the owner is not subject to any of the disabilities set forth in N.J.S.A. 2C:58-3(c) and finds that the complaint has been dismissed at the request of the complainant and the prosecutor determines that there is insufficient probable cause to indict; . . . or if the court determines that the domestic violence situation no longer exists. [N.J.S.A. 2C:25-21(d)(3).] "Therefore, even if a domestic violence comp

2019Co., 234 N.J. 459, 477 (2018) ("A court imposing restitution must 'conduct at least a summary hearing' to determine the ability to pay." (quoting State v. Paladino, 203 N.J.

2019Super. 392, 403 (App. Div. 2008) (citing E.B. v. Verniero, 119 F.3d 1077, 1111 (3d Cir. 1997)), aff'd o.b., 199 N.J. 135 (2009).

2019In conducting the "similar to" determination, a judge may examine the facts of the underlying offense to avoid considering the elements of the offense in a vacuum, but the judge does so merely to determine whether the elements and purposes of the crimes are "similar to" a Megan's Law offense. 6 A judge's "similar to" legal determination at a summary hearing is completely different than, for example, a judicial determination for tier classification and community notification, which "must be [made] by clear and convincing evidence." G.H. v. Twp. of Galloway, 401 N.J.

2018Super. 464, 479 (App. Div. 2001) (citations omitted), unless there is no dispute as to the issue, State v. Orji, 277 N.J.

2018A determination that a defendant shall pay restitution requires, at a minimum, a summary hearing to protect a defendant's due process rights, State v. Pessolano, 343 N.J.

2013Because Section 12 is temporary relief, “N.J.S.A. 30:40-12 is not a substitute for an abuse and neglect proceeding or a guardianship action.” J.C., supra, 423 N.J.Super. at 267, 32 A.3d 211 (citing G.S., supra, 137 N.J. at 174, 644 A.2d 1088 ).

2013Because Section 12 is temporary relief, “N.J.S.A. 30:40-12 is not a substitute for an abuse and neglect proceeding or a guardianship action.” J.C., supra, 423 N.J.Super. at 267, 32 A.3d 211 (citing G.S., supra, 137 N.J. at 174, 644 A.2d 1088 ).