Law Enforcement Directive NO. 2022-6

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ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2022-6

TO: All Law Enforcement Chief Executives and County Prosecutors

FROM: Matthew J. Platkin, Acting Attorney General

DATE: May 25, 2022

SUBJECT: Municipal Court Bench Warrants

The vast majority of those who interact with the criminal justice system in New Jersey do

so through municipal courts. These courts adjudicate traffic offenses, local ordinance violations,

and disorderly persons offenses, such as shoplifting. Most municipal court offenses result in the

offender owing fines or fees. If a person fails to appear in municipal court or pay the money they

owe, the court can issue a warrant for their arrest, called a bench warrant.

Though the number has decreased significantly in recent years, hundreds of thousands of

municipal court bench warrants remain outstanding in New Jersey (as in other states). If law

enforcement encounters an individual with such a warrant, they must arrest that person, even if the

underlying offense was a traffic ticket or a similarly minor offense. Not only is the possibility of

arrest at any moment disruptive to a person’s life, it also can heighten the tension surrounding

interactions with law enforcement, increasing the possibility of more volatile encounters.

It is therefore in the interest of public safety—indeed, the safety of civilians and officers

alike—to limit the disruption created by municipal court warrants for low-level offenses. This

Directive is being issued in conjunction with directive #04-22 of the New Jersey Administrative

Office of the Courts (AOC), attached, that similarly seeks to achieve this goal. AOC Directive

#04-22 states that all individuals with an outstanding municipal court warrant with a bail amount

set at $500 or less that are encountered by law enforcement shall be immediately released on their

own recognizance, even if they are unable to post the bail required by the warrant. The individual

must provide updated contact information and receive a new court date, among other things.

Most relevant here, AOC Directive #04-22 gives law enforcement officers the authority to

immediately release an individual encountered in these circumstances without contacting or

receiving approval from a court. Accordingly, this Directive provides law enforcement officers

with protocols for implementing AOC Directive #04-22 in an efficient manner that best promotes

public safety. Pursuant to this Directive, officers will generally no longer subject individuals

PHILIP D. MURPHY

Governor

SHEILA Y. OLIVER

Lt. Governor

State of New Jersey

OFFICE OF THE ATTORNEY GENERAL

DEPARTMENT OF LAW AND PUBLIC SAFETY

DIVISION OF CRIMINAL JUSTICE

PO BOX 085

TRENTON, NJ 08625-0085

TELEPHONE: (609) 984-6500

MATTHEW J. PLATKIN

Acting Attorney General

PEARL MINATO

Director

encountered with outstanding municipal court bench warrants with bail amounts of $500 or less to

a custodial arrest—those individuals will be given notice of a new court date and released on scene.

Therefore, pursuant to the authority granted to me under the New Jersey Constitution and

the Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 to -117, which provides for the general

supervision of criminal justice by the Attorney General as chief law enforcement officer of the

State in order to secure the benefits of a uniform and efficient enforcement of the criminal law and

the administration of criminal justice throughout the State, I hereby direct all law enforcement and

prosecuting agencies operating under the authority of the laws of the State of New Jersey to

implement and comply with the directives outlined below.

I. Municipal Court Warrants With Bail Amounts Of $500 Or Less

A. Location of release. Officers may encounter individuals with qualifying warrants (i.e.,

municipal court warrants with $500 or less bail) in a variety of settings. Such individuals

shall not be arrested (subject to limited exceptions in Section I.B), but shall be released at

the scene, on their own recognizance with the conditions in Section I.G. The completion

of a bail recognizance form and release is intended to occur as expeditiously as possible.

B. Custodial arrest generally prohibited. Individuals encountered with qualifying warrants

should generally not be subject to a custodial arrest, a search, or handcuffing, unless (a)

issuing the notice on scene poses a safety risk or (b) probable cause that a crime has been

committed or a pre-existing circumstance—independent of the warrant—justifies such

action.

1. In situations that fall within these limited exceptions, the officer may take the

individual into custody on the warrant, conduct a search incident to arrest, and

transport them to a police station for processing the warrant and release on their

own recognizance.

2. In rare instances, an officer may—in their discretion—determine that an individual

is not suitable for release and take the individual into custody on the warrant. For

example, this provision may apply where the individual has an unusually high

number of outstanding qualifying warrants that indicates a substantial risk of non-

appearance.

C. Identification. Before releasing an individual on their own recognizance on a warrant

under this Directive, officers should obtain valid identification from the individual or

otherwise take reasonable steps to verify their identity and current address.

D. Multiple warrants. If an individual is encountered with multiple warrants with bail

amounts of $500 or less, so long as each warrant individually qualifies, then the procedures

of Section I apply. That is, the bail amounts should generally be considered individually,

not added together, subject to the exception of Section I.B.2.

E. Bail payments. Officers shall not accept any bail payments on scene, even if individuals

with qualifying warrants are able to pay partial or full bail.

F. Domestic violence exception. Per AOC Directive #04-22, the procedures of Section I do

not apply where the underlying offense involves domestic violence. Officers should

continue to arrest individuals encountered with outstanding domestic violence warrants.

1. Officers should note that only warrants listed within the municipal courts’

electronic Automated Complaint System (ACS) will need to be checked for

domestic violence involvement. This check can be done through the “DV

Indicator” within ACS (marked “Y” or “N”).

2. Warrants related to traffic offenses (listed within the Automated Traffic System

(ATS)) will not need to be checked for domestic violence involvement.

G. Conditions of release. As dictated by AOC Directive #04-22, officers shall release

individuals with qualifying warrants with the below conditions captured in the bail

recognizance form. These conditions apply regardless of what municipal court (including

courts in other counties) issued the warrant. If multiple qualifying warrants exist, a

separate bail recognizance must be issued for each warrant.

1. Officers should complete a N.J. bail recognizance form (attached and available in

NCR paper (four copies) at the municipal courts), with copies issued to the

individual and the relevant court, that includes:

i. Updated address and contact information for the individual.

ii. Date and time on which the individual must appear before the municipal

court that issued the warrant.

iii. Notice to the individual that a failure to appear may reinstate the warrant.

iv. Individual’s signature.

2. Officers should set appearance dates two weeks from the date of the encounter (or

if the court is not sitting on that date, the first available court date following the

two-week period), or as otherwise provided by the procedures of the jurisdiction

issuing the warrant. A list of sitting dates and telephone numbers for New Jersey’s

municipal courts is available at njcourts.gov/courts and by clicking the link for

“Municipal Court Session Schedules” or “Municipal Court Directory”.

3. If an individual refuses to provide information for or sign the bail recognizance

form, the individual may be taken into custody on the outstanding warrant.

H. Executing the warrant. Each warrant served pursuant to this Directive shall be executed

in the municipal courts’ electronic Automated Complaint System (ACS) or Automated

Traffic System (ATS) as soon as possible and in any event by the end of the officer’s shift.

II. Municipal Court Warrants With Bail Amounts Over $500

Individuals arrested on a municipal court warrant with a bail amount over $500 who are unable to

post bail shall be arrested and processed in the ordinary course. Per the AOC Directive, such

individuals shall be entitled to a bail hearing within 48 hours, excluding weekends or holidays.

III. Other Provisions

A. Non-enforceability by third parties. This Directive is issued pursuant to the Attorney

General’s authority to ensure the uniform and efficient enforcement of the laws and

administration of criminal justice throughout the State. This Directive imposes limitations

on law enforcement agencies and officials that may be more restrictive than the limitations

imposed under the United States and New Jersey Constitutions, and federal and state

statutes and regulations. Nothing in this Directive shall be construed in any way to create

any substantive right that may be enforced by any third party.

B. Severability. The provisions of this Directive shall be severable. If any phrase, clause,

sentence or provision of this Directive is declared by a court of competent jurisdiction to

be invalid, the validity of the remainder of the document shall not be affected.

C. Questions. Any questions concerning the interpretation or implementation of this

Directive shall be addressed to the Division of Criminal Justice Director, or their designee.

D. Effective date. This Directive shall take effect on June 23, 2022, which is thirty days after

issuance. The provisions of this Directive shall remain in force and effect unless and until

it is repealed, amended, or superseded by Order of the Attorney General.

E. Implementation and compliance. Every law enforcement agency operating under the

authority of the laws of the state of New Jersey shall implement or adopt policies consistent

with this Directive. Any officer who knowingly violates the requirements of this Directive

or the agency’s policy, standing operating procedure, directive, or order, or applicable laws,

shall be subject to discipline.

__________________________

Matthew J. Platkin

Acting Attorney General

ATTEST:

________________________________

Pearl Minato

Director, Division of Criminal Justice Dated: May 25, 2022