State in the Interest of N.H., 226 N.J. 242 (Sup. Ct. N.J. 2016)

The New Jersey Supreme Court held the state is required to disclose all discovery in its possession to the child before waiving the child to adult court and offered the following language in support. “N.H. moved for full discovery before the waiver hearing, and the trial court granted the request. The court analogized the filing of a juvenile complaint to the filing of a criminal indictment, which would trigger full discovery under Rule 3:13-3(b)….The panel observed that neither the New Jersey Code of Juvenile Justice, N.J.S.A. 2A:4A-20 to -48, nor the court rules “explicitly address[] discovery in juvenile cases.” Id. at 349, 118 A.3d 1067. The panel thus looked to the rules that govern adult criminal proceedings for guidance. The panel confirmed that, because of “the critical and significant consequences” that “flow from the [juvenile] complaint alone,” juveniles have the “right to full discovery . . . upon the filing of the juvenile complaint.” Id. at 351-52, 118 A.3d 1067.The Supreme Court granted the State’s motions for leave to appeal and for a stay. 223 N.J. 160, 121 A.3d 384 (2015). HELD: The State is required to disclose all discovery in its possession when it seeks to waive jurisdiction and transfer a case from juvenile to adult court.”