Directive #09-23 - Post-Conviction Applications on Indictable Offenses - Form Order; Statement of Reasons for Denial (Supersedes Directive #07-07)

The substance of this Directive and the attached Order on Post-Conviction Applications on Indictable Offenses were originally promulgated in 2007 by Directive #07-07. They are being reissued for statewide use by this superseding directive. The form order (CN:11151) is uncharged and is to be used when the court either grants or denies post-conviction applications.

The Supreme Court Criminal Practice Committee, at the time of the prior directive, developed this uniform order to consolidate various items of relevance and to address Rules 2:5-3(d) and 3:22-6(c). Those Rules provide that the court may order the transcription of proceedings either without charge or at the expense of the county in criminal proceedings involving indigent defendants. The order is in part an attempt to reduce the public expense of the transcription of oral opinions on the denial of second or subsequent petitions for post-conviction relief and other postconviction applications where there is no right to counsel. The order addresses whether the defendant is indigent through the assignment of counsel, whether the defendant had counsel at the hearing, if it was the first or subsequent petition for post-conviction relief or post-conviction application, whether the matter was decided on papers, or if there was a proceeding for which a transcript is needed. This order is to be prepared for every post-conviction application on an indictable offense.

In addition to completing the order, when a pro se or unrepresented litigant files a petition for post-conviction relief and the relief being sought is denied, the judge must provide written reasons. The written reasons for such denial shall be included in the court’s order denying relief or attached to that order. This inclusion of documented reasons for the denial will save the public the cost of ordering transcripts to determine the trial court’s reasons for its decision if there is an appeal from the order denying relief.

Any questions or comments regarding the form order may be directed to the Criminal Practice Division by phone at 609-815-2900 ext. 55300, or by email to AOCCrimPrac.Mbx@njcourts.gov.