State v. Fox
State v. Fox
Opinion of the Court
This appeal from the Long Branch Municipal Court arises from that court’s "reconsideration” of its December 19, 1990, decision dismissing the charges against the defendant George Fox. The defendant had been charged with driving while intoxicated contrary to N.J.S.A. 39:4-50 (hereinafter “D.W.I.”). On appeal, the defendant contends that the lower court did not have jurisdiction to reinstate the prosecution against him. The Superior Court, Law Division, reverses the decision of the Municipal Court reinstating the charges against the defendant George Fox and remands the matter to the Long Branch Municipal Court for the entry of a judgment of dismissal.
George Fox was issued a summons for B.W.L on October 25, 1990, in the City of Long Branch. Initially, the case was given a December 5, 1990, trial date. On that date the State was not ready to proceed and, over the objections of the defendant, requested an adjournment. The Municipal Court, bearing in mind the Supreme Court directive to dispose of D.W.I. cases within sixty days,
II.
At issue in this case is the proper procedure to reconsider and relist a matter that has been dismissed for lack of prosecution
Clearly, the first step to resolving any procedural quandary is to determine specifically what rules govern the actions of the court. In this matter we are concerned with the rules governing the municipal courts, Le. Parts I, III and VII of the Rules Governing The Courts of The State of New Jersey.
Next, the specific rules governing the procedure in question must be examined. In the instant case, the municipal prosecutor sought the relisting of a matter that had been dismissed for lack of prosecution. Although there is no specific rule pertaining directly to the relisting of dismissed cases, one could interpret the prosecutor’s motion to be a motion for rehearing pursuant to R. 1:7-4. That rule, made applicable to the municipal courts by R. 1:1-1, states that “[u]pon motion made not later than 10 days after entry of final order or judgement, the court may grant a rehearing or may, on the papers submitted, amend or add to its findings and may amend the final order or judgment accordingly ...”
Of importance to the analysis of any procedural question is the presence or absence of time limitations prescribed by the rules. The above stated rale governing the matter at hand sets forth a 10 day time limit for bringing this motion. This 10 day provision of S. 1:7-4 applies only to final orders and judgments to be distinguished from reconsideration of interlocutory orders which may, in the interest of justice, be filed in the court’s discretion up to the time of entry of final judgment. Johnson v. Cyklop Strapping Corp., 220 N.J.Super. 250, 531 A.2d 1078 (App.Div. 1987).
If time limitations are present in the body of the rule, and the motion before the court has not been filed in a timely manner, the court must determine whether the time limitations may be relaxed in the interest of justice. R. 1:1-2 addresses the relaxing of the court rules:
*526 “The rules in part I through Part VIII, inclusive, shall be construed to secure a just determination, simplicity in procedure, fairness in administration and and the elimination of unjustifiable expense and delay. Unless otherwise stated, any rule may be relaxed and dispensed with by the court in which the action is pending if adherence to it would result in an injustice ...”
The clause “Unless otherwise stated” in R. 1:1-2 is extremely important to the application of that rule, for the rules have reserved certain time limitations as inviolable; they may not be enlarged by the parties nor the courts. R. 1:3-4 sets forth a number of instances in which the enlargement of the time specified in the rules is prohibited. Of particular importance to the instant case, R l:S-4(c) states that “[n]either the parties nor the court may ... enlarge the time specified by R. 1:7-4 (motion for amendment of findings).” Thus, in order for a motion pursuant to R. 1:7-4 to be heard, it must be filed within 10 days after the entry of final order or judgment.
III.
At the outset it is to be noted that no one can argue that society is best protected when D.W.I. charges are resolved on the merits. Just as surely, courts should view procedural dismissals in a different light than dismissals on the merits. Clearly there is a “... general policy against procedural frustration of determinations on the merits ... ‘implicit in the philosophy of our new judicial structure and rules’ ” Escoett v. Aldecress Country Club, 16 N.J 438, 452, 109 A.2d 277 (1954) citing Ciocca v. Hacker, 4 N.J.Super. 28, 33, 66 A.2d 451 (App.Div. 1949). Further, “there is a reluctance to dismiss a cause on technicalities.” Hackensack v. Rubenstein, 37 N.J. 39, 51, 178 A.2d 625 (1962). The court notes the statewide and national effort to punish drunk drivers and to make our highways and byways safe. Driving a modern automobile while under the influence of an alcoholic beverage is indeed dangerous. Nationwide statistics clearly and convincingly reflect the coincidence of traffic related deaths and injuries with drunk driving.
“It is established by our case law that where the wording of a rule is precise and free from ambiguity on its face, there is no need for judicial interpretation, reliance upon extrinsic material or excercise of discretion.” State v. Zold, 105 N.J.Super 194, 251 A.2d 475 (Law Div. 1969). R. 1:7-4 is precise and unambiguous; motions for rehearing or reconsideration of a final judgment in a municipal court must be filed within 10 days of that final judgment. It is clear that a dismissal of a complaint for lack of prosecution in the municipal court is final rather than interlocutory. See, State v. Burten, 207 N.J.Super. 53, 60, 503 A.2d 907 (App.Div. 1986). Although dismissals for lack of prosecution are not predicated on the defendant’s factual innocence of the charges (see State v. Barnes, 84 N.J. 362, 371, 420 A.2d 303 (1980)), the dismissal completely terminates the proceedings against the defendant. See Nicholas v. Sugar Lo Co., 192 N.J.Super. 444, 450, 471 A.2d 44 (App.Div. 1983), cert. denied 96 N.J. 284, 475 A.2d 582 (1984).
Thus, applying the rules to the facts of the instant case, the municipal court below had no authority to reconsider and relist the charges against the defendant George Fox. The final judgment dismissing the charges against the defendant was issued on December 19, 1990. In order for the court to reconsider that dismissal, a motion for rehearing should have been filed within 10 days; that time could not be enlarged. However, the municipal prosecutor did not file that motion until January 17,1991, well beyond the 10 day time period. Thus the municipal prosecutor’s motion was out of time and should not have been considered by the municipal court below.
The court directs that the defendant, George Fox, through his attorney submit an order pursuant to Rule 3:l-4(c), the 5 day rule, on notice to the Monmouth County Prosecutor providing for a remand of the matter to the Long Branch Municipal Court for the entry of a judgment of dismissal.
See, Directive # 1-84, contained in a memorandum from Chief Justice Robert N. Wilentz dated, July 26, 1984; See also, Administrative office of the Courts Municipal Court Bulletin Letter it 9/10-85 dated October 22, 1985; State v. Detrick, 192 N.J.Super. 424, 470 A.2d 933 (App.Div. 1983), State v. Perkins, 219 N.J.Super. 121, 529 A.2d 1056 (Law Div. 1987), State v. Paris, 214 N.J.Super. 220, 518 A.2d 786 (Law Div. 1986).
Which in general requires the municipal court to provide notice to the victim of scheduled trial dates, etc. if the victim submits a written request filed within ten days of the offense.
Reference
- Full Case Name
- STATE OF NEW JERSEY v. GEORGE FOX
- Cited By
- 1 case
- Status
- Published