Local and national media widely reported on two Appellate Division decisions that overturned lower court rulings from different counties dealing with essentially the same subject matter. In the Interest of G.M.C. (June 14, 2019 A-0223-18T4) was from Monmouth County. In the Interest of E.R.M. (June 17, 2019 A-0533-18T4), was from Middlesex County. In each case, the county prosecutor sought an involuntary waiver from juvenile court to the Law Division so that a charged juvenile could be treated as an adult. In each, the judge denied the motion. In both, the trial court’s denial was reversed for essentially the same reason. The prosecutors may now deal with these cases though the adult criminal process.
The court in G.M.C. stated: “The likelihood of conviction was not for the judge to decide on a waiver motion…. Rather than focusing on whether the prosecutor’s consideration of the statutory factors supported the application, the judge decided the case for himself.” Similarly, E.R.M. held: “It was the family court’s role to determine if the prosecutor’s decision was an abuse of discretion, not whether… the offense warranted being addressed in adult court.”
