IN RE: VICINAGE 13 OF THE NEW JERSEY SUPERIOR COURT; WARREN COUNTY OFFICE OF THE PROSECUTOR; NEW JERSEY OFFICE OF THE PUBLIC DEFENDER, WARREN REGION; WARREN COUNTY BOARD OF CHOSEN FREEHOLDERS (L-1806-12, MIDDLESEX COUNTY AND STATEWIDE) - Published

The remodeling of Courtroom No. 2 in Warren County has been the subject of years of litigation. The matter was first initiated by the Office of Public Defender (OPD), when it successfully objected to a criminal trial being conducted there, after renovations made in 2008. The OPD took the position that a defendant's right to a fair trial was prejudiced by the design of the courtroom. Warren County eventually filed an action for judgment under the Declaratory Judgment Act, N.J.S.A. 2A:16-5 to -62, that more recent modifications satisfied any constitutional concerns. The panel reversed the judge's decision that the OPD lacked standing to participate in the proceedings, remanded the case, and suggested the appointment of a special master to make findings and develop a more complete factual record under Rule 4:41-1.