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NOTICE TO THE BAR

Re: Comments on Report of Supreme Court Special Committee on Recordation of Custodial Interrogations

In State v. Cook, 179 N.J. (2004), defendant argued that due process required the electronic recordation of custodial interrogations as a condition of their admissibility. Although the Supreme Court declined to find such a due process requirement, it concluded that the use of electronic recordation of custodial interrogations should be evaluated by a special committee. On August 10, 2004, the Court appointed the Special Committee on Recordation of Custodial Interrogations to undertake that task.

The Special Committee filed its report and recommendations with the Supreme Court on April 15, 2005. In response, the Court has approved the publication for comment of the report, which includes several recommendations in respect of the implementation of electronic recordation of custodial interrogations.

Comments on the Special Committee's report and recommendations are being sought by the Court for its consideration prior to taking any action. The deadline for the submission of comments is July 1, 2005. Please submit them to me at:

Clerk of the Supreme Court
Hughes Justice Complex
PO Box 970
Trenton, NJ 08625-0970

Comments may also be submitted via Internet e-mail to the following address: SupremeCT.Mailbox@judiciary.state.nj.us .

The Supreme Court will not consider comments submitted anonymously. Those submitting comments by mail should include their name and address; emailed comments must include the submitter's name and e-mail address. Comments submitted in response to this notice will be maintained in confidence only if the author specifically requests confidentiality. In the absence of such a request, the author's identity and his or her comments will be made available to the public after the Court has acted on the proposed recommendations.

Stephen W. Townsend, Esq.
Clerk of the Supreme Court
Dated: May 4, 2005







 
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