DRUG LAWS IN BERGEN AND PASSAIC COUNTIES: PROSECUTOR'S VETO IN THE DRUG COURT

New Jersey's Drug Court has been rather successful. Some of the statistics would show that: (a) over 70% of its graduates

have obtained or retained employment; (b) almost 70% of its candidates remain in the program; (c) candidates have fewer

relapses; and, (d) more babies are being born drug-free.

In order for a defendant to be admitted into the Drug Court, the prosecutor must consent. In those cases where a prosecutor

rejects a defendant's application into a Drug Court, the law allows admission over a prosecutor's objection if it can be shown

that there was a gross and patent abuse of the prosecutor's discretion. In order to accomplish this difficult task, the defendant

must show that: (a) the prosecutor did not consider all relevant factors; (b) the decision was based on irrelevant or inappropriate

factors; or (c) there was a clear error in judgment.

Unfortunately, case law on this issue has concluded rather clearly that a prosecutor's veto of a defendant's application to a drug

court "will be rarely overturned."