Criminal defendants in New Jersey facing pretrial detention under the state's new bail system do not have an automatic right to confront witnesses at their hearings, the state Supreme Court ruled on Tuesday.
In a unanimous ruling, the court said a prosecutor's proffer of a witness's testimony will generally suffice if pretrial detention is being sought, although the justices took care to point out that a judge retains the discretion to require live testimony from a witness if he or she is dissatisfied with the state's proffer.
"We find that the state is not obligated to call a live witness at each detention hearing," wrote Chief Justice Stuart Rabner for the court.
Rabner has been a staunch supporter and a key catalyst in the development of the bail overhaul that went into effect on Jan. 1. The state's voters approved of the changes in a constitutional amendment.
Now, most defendants are expected to be released pending trial without having to post monetary bail, but prosecutors can seek to have some defendants particularly those charged with violent crimes, or those who have extensive prior records held until trial.
In the case decided Tuesday, the court rejected arguments that defendants should have the right to cross-examine witnesses in pretrial detention hearings.
Nothing in the new system, Rabner said, suggests that live witnesses are needed to determine whether a defendant should or should not face pretrial detention.
"Trial judges, however, retain discretion to require direct testimony when they are dissatisfied with the state's proffer," Rabner said.
In this case, defendant Amed Ingram was arrested in Camden in early January for possession of a firearm, according to court documents. At his pretrial detention hearing on Jan. 5, Superior Court Judge Edward McBride denied a defense request to call the arresting officer as a witness and instead relied on documents provided by the prosecutor's office.
The state Public Defender's Office, which represented Ingram, did not immediately respond to a request for comment. The New Jersey Attorney General's Office also did not immediately respond to a request for comment on the court's ruling.
The American Civil Liberties Union of New Jersey, which also has been a key supporter of bail reform, participated as amicus. Senior staff attorney Alexander Shalom had urged the court to require the state to present live witnesses at pretrial detention hearings.
"This decision makes it too easy for the state to seek pretrial detention" without having to offer sufficient proof of risk, Shalom said.