The Supreme Court announced that it has granted review in State v. Vega-Larregui. Pursuant to Rule 2:12-1, the Court granted direct certification of a portion of defendant’s motion to dismiss the indictment that was pending in the Law Division, Mercer County. The certification is limited to “defendant’s constitutional challenge to the indictment returned by a Grand Jury proceeding that was conducted remotely.” Other aspects of the motion to dismiss “remain pending in the Superior Court, which shall retain jurisdiction to consider those matters.”
The Court set an accelerated briefing schedule. Defendant’s opening brief is due by January 27, 2021. The Association of Criminal Defense Lawyers of New Jersey (“ACDL”), which filed an amicus brief in the Law Division urging that the Supreme Court had exceeded its rulemaking authority in authorizing virtual grand juries and sought “an immediate, statewide moratorium on the use of virtual Grand Juries,” also has until January 27 to file its brief in the Supreme Court.
The responses of the State, and of the Attorney General, whom the Court gave leave to participate, are due by February 10. Defendant’s reply is due by February 17. Any other entity that wishes to participate as an amicus must file a motion and the proposed amicus brief by February 10. The State and defendant have until February 24 to file opposition to any such motion(s) and responses to the merits of the proposed amicus briefs.
Oral argument will be set down for March 15 or 16. The ACDL and the Attorney General will be permitted to participate in that oral argument.
The Court’s order noted that the ACDL’s request for a statewide moratorium “exceed[ed] what the Superior Court could order.” Though the Court might well have taken up this or another case challenging virtual grand juries at the request of a defendant alone, given the public importance of the issue, the presentation by the amicus in the Superior Court likely added impetus for immediate review.