Rule 7:8-9A Monetary Sanctions for Defendant’s Failure to Appear

(a) In General. If without just cause or excuse, a defendant, who is required to appear at a trial, hearing or other scheduled municipal court proceeding fails to appear, the municipal court judge may order that defendant to pay a monetary sanction based on the following factors: (1) defendant’s history of failure to appear; (2) defendant’s criminal and offense history; (3) the seriousness of the offense; and (4) the resulting inconvenience to the defendant’s adversary and to witnesses called by the parties. The judge shall state the reasons for the sanction on the record.

(b) Maximum Sanction. For consequence of magnitude cases, the aggregate sanction per case shall not exceed $100. For other than consequence of magnitude cases, the aggregate sanction per case shall not exceed $25 for parking offenses and $50 for all other matters.

(c) Contempt of Court. A judge may impose a higher sanction on a defendant for failure to appear only in accordance with the provisions of R. 1:10.

(d) Calculation of Sanction. When a case includes multiple offenses, the maximum sanction shall be calculated solely on the most serious offense charged. Only one sanction may be imposed per case.

(e) Payment of Sanction. The defendant shall pay the assessed sanction to the municipal court to be disbursed to the municipality where the offense occurred.

(f) Non-Monetary Procedures on Failure to Appear. Non-monetary procedures on failure to appear are addressed in R. 7:8-9.