Policy to address consequences of large number of bench warrants for low-level offenses

TRENTON, NJ — On May 25, acting Attorney General Matthew J. Platkin announced a directive instructing that law enforcement agencies no longer place individuals with municipal court bench warrants with bail amounts of $500 or fewer under custodial arrest. Instead, those individuals — who are already generally released after arrest — will now be given notice of a new court date and released on scene. Attorney General Directive 2022-6 was issued in conjunction with Directive No. 04-22 of the New Jersey Administrative Office of the Courts. Together, these policies seek both to avoid the ramifications of arrest for individuals on such outstanding bench warrants and to use law enforcement resources more efficiently and safely. 

Municipal courts adjudicate traffic offenses, local ordinance violations and disorderly persons offenses, such as shoplifting, and most 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. 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. According to the Attorney General’s Office, not only is the possibility of arrest at any moment disruptive to a person’s life, it can also heighten the tension surrounding interactions with law enforcement, increasing the possibility of more volatile encounters. Moreover, effectuating these arrests and processing the individuals requires significant law enforcement time and resources. 

In collaboration with the AOC, this policy is also providing law enforcement officers with a comprehensive list of all municipal court schedules across the state, in order to streamline the process of issuing updated court notices. 

“This policy represents collaborative, commonsense governance that is both efficient and fair,” Platkin said. “Under these protocols, residents will no longer be subjected to unnecessary and intrusive custodial arrests for hundreds of thousands of outstanding low-level warrants — and officers across New Jersey will avoid spending time effectuating and processing such arrests that by and large do not further public safety. I’m thankful for the partnership of Chief Justice (Stuart) Rabner, Judge (Glenn A.) Grant and the Administrative Office of the Courts in this initiative.”

“Giving troopers the ability to expand their discretion for low-level offense bench warrants will significantly decrease the amount of time spent on the side of the road during motor vehicle stops and pedestrian contacts. This will limit the potential for crashes and keep our troopers and the public safer during those interactions,” said Col. Patrick J. Callahan, superintendent of the New Jersey State Police. “By authorizing troopers to issue a bail recognizance form with a new court date, roadside interactions will move along much more efficiently.”

“The policy to no longer arrest people for low-level bench warrants recognizes the high costs of incarcerating people,” said Jeanne LoCicero, legal director of the American Civil Liberties Union of New Jersey. “This change takes an important step in preventing unnecessary arrests and jail time, which disrupt lives, jobs and families; this takes a disproportionate toll on communities of color. Ending arrests for bench warrants in these cases helps move us away from an overly harsh criminal legal system where a burdensome process amounts to punishment, especially for people who can’t afford fines or bail. We thank the attorney general and the Administrative Office of the Courts for prioritizing the resolution of matters through the courts rather than through our jails.”

“Attorney General Directive 2022-6 will ensure that municipal courts and law enforcement agencies do not get bogged down addressing outstanding bench warrants for minor bail amounts while at the same time ensuring that such warrants are properly addressed in a just and equitable manner,” County Prosecutors Association of New Jersey President and Burlington County Prosecutor Scott A. Coffina said. 

“We applaud the Attorney General’s Office for this intention and this work,” said Cuqui Rivera, criminal justice chairperson of the Latino Action Network. “This falls directly in line with our achievements over the years in bail reform in New Jersey, which also addressed in many ways the disparate discrimination of vulnerable communities. This directive will lift burdens on those who would otherwise be jailed for their inability to pay, it will free up the court system (from) backlogs and continue the momentum of reducing mass incarceration in New Jersey — an all-around win on this one.”

“Until cash bail is finally eliminated in all cases, this directive is a meaningful step to ensuring that many people with pending municipal court cases will not have their lives upended through unnecessary arrests and will be given another chance to return to court,” said Yannick Wood, director of the Criminal Justice Reform Program at the New Jersey Institute for Social Justice.

  New Jersey Attorney General, New Jersey State Police