PRETRIAL "NOTICE AND DEMAND" PROCEDURE FOR AUTHENTICATION OF MAPS INPROSECUTIONS UNDER N.J.S.A. 2C:35-7.l- FOLLOWING STATE V. WILSON, 227N.J. 534 (2017)
The Supreme Court Criminal Practice Committee in its January 26, 2018 Supplemental Report included a proposed new Rule 3: 10-8 intended to address the Supreme Court's holding and referral in State v. Wilson, 227 N.J. 534 (2017). Report at 49. The Court in Wilson requested that a rule be developed on pretrial notice and demand for the authentication ofmaps in prosecutions under N.J.S.A. 2C:35-7.l (distributing, dispensing, or possessing with intent to distribute CDS/analog within 500 feet of publicproperty). Additionally,theCourtsetoutthespecificproceduresfortheStatetousein authenticating such a map in lieu ofpresenting a witness. 227 N.J. at 553-54. The Criminal Practice Committee's proposed rule essentially tracked the Court's language in Wilson.
Subsequent to the closing o f the public comment period on the Practice Committee's Supplemental Report, it was determined that the proposed rule would be an evidentiary rule that shouldbereferredtotheCommitteeontheRulesofEvidence. TheSupremeCourthasmadethat referral and has asked the Evidence Rules Committee to develop the Wilson holding as an evidence rule.
Pending development and adoption o f that evidence rule, the "notice and demand" procedure that the Court set forth in Wilson should be followed for the State to bypass the need to produce a witness to authenticate a proffered map created pursuant to N.J.S.A. 2C:35-7.l(e). Specifically, that "notice and demand" procedure is as follows: (1) The State may give notice to the defendant, at least thirty days before trial, that a map prepared pursuant to N.J.S.A. 2C:35-7.l(e) will be offered at trial for a violation ofN.J.S.A. 2C:35-7.1 and may demand an objection to its use within tendays;(2) SuchanobjectionwillrequiretheStatetoproduceanauthenticatingwitnesswhocan testify to the map's authenticity and be cross-examined on the methodology ofthe map's creation and its margin oferror; and (3) Ifthere is no such objection, the map may be admitted without production ofanauthenticatingwitness. 227N.J.at553-54.
Questions may be directed to Sue Callaghan, Assistant Director for Criminal Practice, by email at Sue.Callaghan@njcourts.gov or by phone at 609-815-2900 ext. 55300.
Dated: August 8, 2018
ofennA.orant,i.A.D.
Acting Administrative Director ofthe Courts
Acting Administrative Director ofthe Courts
