STATE IN THE INTEREST OF E.S. (FJ-20-0380-21 (A-3559-20)
This interlocutory appeal presents an unsettled question concerning the fair and appropriate sequence of proceedings in the prosecution of a juvenile offender who the State wishes to waive to adult court pursuant to N.J.S.A. 2A:4A-26.1. The question arises in a context where the juvenile moves to suppress evidence that the State will rely upon at the waiver hearing and also possibly seek to admit at an eventual trial.
The juvenile, joined by amici, argues the suppression hearing should take place first in the Family Part. Conversely, the State argues the waiver hearing should occur first, and, if the juvenile is waived, the Criminal Part then should hear the suppression motion.
Responding to the motion judge’s observation of the need for guidance in the absence of a Court Rule or precedent on point, the court holds the Family Part has the discretion to determine the optimal sequence of proceedings, depending upon the circumstances presented in a particular case. In exercising that discretion, the trial court should apply a general preference to have the suppression hearing conducted first in the Family Part. As explained in this opinion, however, that preference may be outweighed by other considerations, such as whether (as is the case here) an adult alleged co-perpetrator or an already-waived juvenile co-perpetrator has filed a cognate suppression motion in the Criminal Part. Thus, unless a future Court Rule prescribes a different approach, the sequencing decision is best handled in the trial court in a case-by-case discretionary manner with that preference in mind.
Additionally, the court adopts the State's concession that if the juvenile offender is waived first but a Criminal Part judge thereafter grants the suppression motion, the offender can move to have the case remanded back to the Family Part if the remaining non-suppressed evidence can no longer support the continued prosecution of the juvenile as an adult.
Because the Family Part judge in this case did not misapply his discretion in choosing to proceed with the waiver hearing first, the court affirms that determination.
