A law passed unanimously by the legislature and signed by Gov. Phil Murphy has effectively been upturned by a judiciary official who ordered municipal court judges to ignore it.
Glenn A. Grant, the acting director of the Administrative Office of the Courts, instructed judges to disregard a new statute permitting plea bargaining to allow for ignition interlock devices in minor drunk driving cases.
Grant sent a memorandum last week to assignment judges and municipal court presiding judges, saying that the old rules remain in effect.
“If a challenge to Guideline 4 is raised in any municipal court case, please immediately bring that to my attention,” Grant said. “Please share this reminder with all municipal court judges in your vicinage.”
The guideline prevents plea bargaining on DWI charges and other non-indictable offenses.
Four lawmakers who spoke to the New Jersey Globe on the condition of anonymity said the order was an example of judicial overreach.
“Grant isn’t even a judge anymore. He’s just a staff guy now,” said one legislator. “When did staff guys get the legal authority to simply toss a law? “
In a statement on Wednesday, judiciary spokesman said, “neither the memo nor the court’s direction to Judge Grant address the merits of any potential legal issues.”
“If there is a challenge, the court will proceed expeditiously,” he said.
Grant wrote the memo at the direction of the Supreme Court, his spokesman said.
The New Jersey Bar Association issued a position statement on the legislation, saying they support the bill “because it permits plea bargaining, which provides discretion to better address the specific circumstances of each case.”
This story was updated on February 21 with comment from McAleer.