ABC Bail Bonds appealed from Judge Paul Innes's decision that Administrative Directive #22-17, "Bail and Bail Forfeitures -- Revisions to Procedures and Forms" (Aug. 7, 2017), was not unconstitutional, could be applied prospectively, and did not effectuate an unlawful material change in the terms of existing surety bond contracts. The panel affirmed, finding the Directive was a lawful exercise of the Supreme Court's authority to administer the criminal justice system, should be applied retroactively, and did not result in a material change to existing contracts, despite the one-year limitation to remission after a defendant fails to appear. In accord with N.J.S.A. 2A:162-8, the Directive retains a trial judge's discretion to decide remission. A judge may, where "exceptional circumstances" can be demonstrated, allow remission beyond a year from the failure to appear.
