State v. One 1990 Honda Accord

The opinion of the Court was delivered by

POLLOCK, J.

At issue is whether the owner of property that is not prima facie contraband has a right to a jury trial in a forfeiture action under N.J.S.A. 2C:64-3f.

The Monmouth County Prosecutor brought a civil in rem action under N.J.S.A 2C:64-1 to -9 (“Forfeiture Act”), seeking forfeiture of a 1990 Honda Accord owned by Lois McDermott. McDermott demanded a jury trial and counterclaimed for a declaration that N.J.S.A. 2C:64-3f, which provides for the non-jury disposition of a forfeiture action, is unconstitutional.

In a summary proceeding under N.J.S.A…