Never Say Always

The New Jersey Supreme Court has remanded for re-sentencing a first degree murder case

In this appeal, the Court determines whether a remand for resentencing before a different judge is required after the trial judge remarked during a subsequent, unrelated status conference that he always gives sixty-year sentences to defendants convicted by a jury of first-degree murder.

Holding

The trial judge’s statement during a subsequent, unrelated status conference that he always gives sixty-year sentences to defendants convicted by a jury of first-degree murder undermines public confidence in our system of criminal sentencing. Consequently, the matter is remanded for resentencing by a different judge…

The Court acknowledges that the record of the sentencing hearing in this matter reveals that the trial judge did not violate the sentencing guidelines. However, a remark in open court, even in a subsequent, unrelated proceeding, that a judge “always” sentences defendants convicted of first-degree murder to sixty years in prison improperly suggests that the unique facts of each defendant’s case are not considered when determining the appropriate sentence. Although the Court accords substantial deference to sentencing determinations and acknowledges the trial judge’s explanation of his sentencing methodology given during the remand hearing in Richardson, it finds that the Brown status conference statement, particularly when viewed in light of the trial judge’s sentencing record, undermines public confidence in our system of criminal sentencing. Accordingly, to preserve public trust in the sentencing framework established by our Code of Criminal Justice, the Court reverses the judgment of the Appellate Division and remands for resentencing by another trial judge of the Mercer Vicinage. The Court offers no comment on the appropriate sentence to be imposed.

(Mike Frisch)