Court: New Jersey Superior Court Appellate Division; November 2, 2001; New Jersey; State Appellate Court
The court, represented by Judge Fall, addressed a juvenile delinquency appeal concerning the application of N.J.S.A. 2C:33-3.1, which mandates a six-month suspension of a juvenile's driver’s license for a guilty plea or adjudication of making a false alarm, in light of a deferred disposition under N.J.S.A. 2A:4A-43b(l). The ruling clarifies that the suspension is not obligatory if the Family Part opts for a deferred disposition, which does not equate to an adjudication of delinquency.
The case centered on N.L., a 10-year-old charged with pulling a false fire alarm at Copper Hill School. N.L.’s counsel argued that a deferred disposition does not constitute an adjudication of delinquency, thereby making the suspension provisions inapplicable. During a hearing, the judge ruled that the suspension provisions would apply even with a deferred disposition, stating that a deferred disposition is a formal disposition under N.J.S.A. 2A:4A-43. The judge emphasized that without a finding of delinquency, the court cannot impose any disposition, referencing the case State in the Interest of V.M. to support the conclusion that a deferred disposition does result in a formal adjudication of delinquency. Ultimately, the court affirmed that the statutory framework allows for the imposition of a driver’s license suspension if a juvenile is placed under an adjustment period.
The legal question addressed is the consequences of a deferred disposition for juveniles, particularly regarding driving privileges following a theft of a motor vehicle under N.J.S.A. 2C:20-2.1. Under N.J.S.A. 2A:4A-43(b), a court can adjourn a juvenile's case for up to 12 months, potentially dismissing the complaint if the juvenile adjusts satisfactorily. The court must assess penalties under N.J.S.A. 2C:35-15 but can waive the driving privilege loss mandated for drug offenders under N.J.S.A. 2C:35-16. In the case of V.M., juveniles pled guilty to receiving stolen property and received a deferred disposition, with the court choosing not to impose mandatory penalties from N.J.S.A. 2C:20-2.1, which states that those convicted must face license suspension. The V.M. court found that imposing mandatory penalties would be incompatible with a dismissal unless explicitly required by N.J.S.A. 2A:4A-43, leading to the conclusion that N.J.S.A. 2C:20-2.1 is not mandatory in cases with deferred dispositions. However, it did not decide on the applicability of N.J.S.A. 2C:20-2.1 for other juvenile dispositions.
In contrast, N.J.S.A. 2C:33-3.1, effective from August 31, 1999, mandates suspension of driving privileges for juveniles adjudicated delinquent for making a false public alarm, with no discretionary language. Therefore, any juvenile adjudicated under N.J.S.A. 2C:33-3 must have their license suspended for six months, regardless of deferred disposition. In the case involving N.L., after pleading guilty, the court deferred formal disposition for a year, planning to dismiss the complaint upon satisfactory adjustment, but required a six-month postponement of N.L.’s driving privilege based on N.J.S.A. 2C:33-3.1a. N.L. contends on appeal that since the complaint would be dismissed, the driving suspension should not apply.
Upon filing a complaint against a minor for delinquency, unless diverted, the New Jersey Code of Juvenile Justice outlines two procedural phases: a hearing to determine guilt and a dispositional hearing post-adjudication. In the initial hearing, the State must prove the juvenile's delinquent act beyond a reasonable doubt. If proven, the court adjudicates the juvenile guilty; this can also occur through a guilty plea supported by a factual basis. Following adjudication, the dispositional hearing allows the court to impose one or more of the twenty options under N.J.S.A. 2A:4A-43(b), including a potential adjournment of up to 12 months to assess the juvenile's adjustment. If the juvenile demonstrates satisfactory adjustment during this period, the complaint can be dismissed, although mandatory penalties for certain offenses may still apply, with the potential for waivers.
In the case of State in Interest of V.M., it was clarified that an adjourned disposition is indeed a type of disposition. However, the implications of this status were examined, particularly regarding the applicability of driver’s license suspension penalties when a juvenile receives an adjourned disposition after pleading guilty to vehicle theft. The court concluded that the legislative intent was not to apply theft penalties under certain statutes to adjourned dispositions, as the adjournment allows for the possibility of complaint dismissal if the juvenile adjusts satisfactorily.
Mandatory penalties cannot be imposed when dismissing a juvenile complaint unless specifically mandated by N.J.S.A. 2A:4A-43. The statute N.J.S.A. 2A:4A-43b(1) states that upon the adjournment of a delinquency case, the court must assess certain mandatory penalties but may waive others for juveniles. If the Legislature intended penalties under N.J.S.A. 2C:20-2.1 to apply to this scenario, it would have explicitly included them in the statute. The enactment of N.J.S.A. 2C:33-3.1 occurred with awareness of previous interpretations but did not amend N.J.S.A. 2A:4A-43b(1) to require imposition of driver's license penalties when complaints are dismissed following satisfactory adjustments. The juvenile justice system emphasizes rehabilitation over punishment, and in the case of N.L., a ten-year-old without prior delinquency, an adjourned disposition was suitable. If the Legislature had intended for mandatory penalties to apply in such adjourned dispositions, it should have specified this in N.J.S.A. 2A:4A-43b(1). Historically, the Legislature has differentiated between adjourned dispositions and other types, with prior laws imposing mandatory penalties only when explicitly stated.
The Legislature amended N.J.S.A. 2A:4A-43b(l) to state that when a court imposes an adjourned disposition for juvenile delinquency related to Title 2C, the mandatory penalty from N.J.S. 2C:35-15 must be assessed, but the penalty from N.J.S. 2C:35-16 may be waived for juveniles. Consequently, the mandatory penalties in N.J.S.A. 2C:33-3.1 do not apply to juveniles adjudicated delinquent under an adjourned disposition. If the juvenile fails to adjust satisfactorily, leading to the vacating of the adjourned disposition, the penalties in N.J.S.A. 2C:33-3.1 become mandatory. A legislative change upgraded the violation of N.J.S.A. 2C:33-3(a) to a third-degree crime, indicating the juvenile complaint's error in categorizing it as a fourth-degree offense. At oral argument, it was noted that the juvenile, N.L., had made a satisfactory adjustment, resulting in the dismissal of the complaint. N.L. sought to divert the complaint to a juvenile conference committee, but the prosecutor objected, preventing diversion under R. 5:20-1(c). The court did not address whether diversion could have been permitted despite the prosecutor's objection, noting that successful diversion would mean no adjudication of delinquency, thus making N.J.S.A. 2C:33-3.1 inapplicable.
