Rule 5:22-1.Referral at Election of Juvenile

Last amended December 31, 1983 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:22-1 lets a juvenile of 14 or older — or a younger juvenile charged with murder — elect to move their own case to the adult court, after being told of the right and consulting counsel.

Full Text of Rule 5:22-1

Text size

Any competent juvenile 14 years of age or older charged with delinquency may elect to have the action transferred to the appropriate court and prosecuting authority having jurisdiction. Any competent juvenile under 14 years of age charged with an offense which if committed by an adult would constitute murder as defined by N.J.S. 2C:11-3 may elect to have the case transferred to the appropriate court and prosecuting authority. The judge shall inform the juvenile of the right to elect such referral at the initial detention or probable cause hearing. The judge shall determine that such election, if requested, has been made knowingly, willingly, voluntarily and after consultation with counsel.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.

Note: Source--R. (1969) 5:9-5(a). Adopted December 20, 1983, to be effective December 31, 1983.

Plain-English Summary

Waiver is usually something done to a juvenile. This rule is the opposite: a juvenile choosing it. Any competent juvenile 14 years of age or older charged with delinquency may elect to have the action transferred to the appropriate court and prosecuting authority. A competent juvenile under 14 may do the same where the charge would constitute murder if committed by an adult.

Why anyone would choose that is a strategic question — the adult court brings a jury and the full protections of criminal procedure, at the cost of adult sentencing exposure. The rule does not weigh it; it makes sure the choice is informed.

Two safeguards do that work. The judge must inform the juvenile of the right to elect referral at the initial detention or probable cause hearing — early, not on the eve of trial. And if the election is requested, the judge must determine that it was made knowingly, willingly, voluntarily and after consultation with counsel.

Frequently Asked Questions

Can a juvenile choose to be tried as an adult in New Jersey?

Yes. Any competent juvenile 14 years of age or older charged with delinquency may elect to have the action transferred to the appropriate court and prosecuting authority having jurisdiction.

What about a juvenile under 14?

A competent juvenile under 14 years of age may elect transfer where charged with an offense that would constitute murder if committed by an adult.

When is the juvenile told about this right?

At the initial detention or probable cause hearing. If the election is requested, the judge must determine it was made knowingly, willingly, voluntarily and after consultation with counsel.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:22-1). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: waiver by electiontried as an adultjuvenile electionreferral at election