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Federal court guide · D.N.J.

Federal cases in the District of New Jersey

The U.S. District Court for the District of New Jersey is the federal trial court for the whole state. It sits in three cities: Newark, Trenton and Camden. Here is where the court sits, who prosecutes and defends cases there, and where its rules are published.

Where does the court sit?

New Jersey is one judicial district, and court is held at Camden, Newark and Trenton (28 U.S.C. § 110). The court calls each of these a vicinage, and its site lists a courthouse in each:

Under Local Criminal Rule 18.1, the clerk assigns a criminal case to a judge in the vicinage where the alleged offense arose, but may assign it to another vicinage to balance caseloads. The case is heard in the assigned judge's vicinage unless the court orders otherwise. The county lists come from the court's Vicinage Lines for Case Assignment page.

United States District Court for the District of New Jersey

Which appeals court covers it?

Appeals from this court go to the U.S. Court of Appeals for the Third Circuit (28 U.S.C. §§ 41, 1294(1)). Its decisions are binding on the federal judges in this district, so its precedent governs cases here (uscourts.gov, About the U.S. Courts of Appeals).

Who prosecutes and who defends?

Federal prosecutors here work for the United States Attorney's Office for the District of New Jersey, part of the U.S. Department of Justice.

Anyone charged with a federal crime who can’t afford a lawyer can ask the court to appoint one (18 U.S.C. § 3006A). Here, appointed lawyers come from the Office of the Federal Public Defender for the District of New Jersey, a Federal Public Defender office with offices in Newark, Trenton and Camden, or from a panel of private lawyers the court approves.

Where are the local rules and sentencing procedures?

Every federal court follows the national rules, such as the Federal Rules of Criminal Procedure, plus its own local rules. This court publishes them on its local rules page.

Local Criminal Rule 32.1(b) keeps presentence and probation records confidential; anyone else who wants them must petition the court. The local rules set no separate report deadlines, so the federal rule applies: the report goes to the defense at least 35 days before sentencing, and objections are due within 14 days (Fed. R. Crim. P. 32(e)(2), (f)). Under a 2017 court protocol, sentencing memos, with their supporting exhibits and letters, go directly to the judge, the probation office and the lawyers instead of onto the public docket; the lawyer files a notice saying they were submitted.

“shall be submitted directly to the Sentencing Judge, the United States Probation Office, and all counsel of record in the underlying prosecution”

How does a lawyer from outside the district appear here?

In many federal courts, a lawyer who isn't a member of the court's bar must ask the judge for permission to appear in a specific case (often called pro hac vice admission). This court's pro hac vice rule says it does not govern lawyers for defendants in criminal cases (L.Civ.R. 101.1(j)). Instead, a defense lawyer who isn't a member of this court's bar files a formal appearance and certifies that he is in good standing with another bar and is not suspended or disbarred. In this court, the rule is L.Cr.R. 44.1.

“If defense counsel is not a member of the bar of this Court, he or she shall also certify that he or she is a member in good standing of the bar of a court of the United States or of the highest court of a state, who is not under suspension or disbarment of any court”

L.Cr.R. 44.1

Which federal prisons are in this district?

Bureau of Prisons facilities in this district (from bop.gov, which lists their judicial district as New Jersey; both are in counties the court assigns to Camden):

A prison being in this district doesn’t mean someone sentenced here will go there. The Bureau of Prisons decides where each person serves their sentence (18 U.S.C. § 3621(b)).

What families should know about federal cases in this district

More questions families ask →

Questions about the District of New Jersey

Will my loved one's case be in Newark, Trenton or Camden?

Usually the vicinage where the alleged offense arose. Under the court's Local Criminal Rule 18.1, the clerk assigns a criminal case to a judge in that vicinage, but may assign it elsewhere to balance caseloads, and the case is heard where the assigned judge sits unless the court orders otherwise. The charging papers and the docket show where the case is.

Who prosecutes federal cases in New Jersey?

The United States Attorney's Office for the District of New Jersey (justice.gov/usao-nj), part of the U.S. Department of Justice.

What if my loved one can't afford a lawyer?

The court can appoint one (18 U.S.C. § 3006A). In this district, appointed lawyers come from the Office of the Federal Public Defender for the District of New Jersey or from a panel of private lawyers the court approves.

Where do appeals from this court go?

To the U.S. Court of Appeals for the Third Circuit (28 U.S.C. §§ 41, 1294(1)). A defendant's notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)).

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