P.L. 2008, CHAPTER 2, approved March 26, 2008

Senate, No. 335 (First Reprint)

 


An Act concerning municipal courts and amending N.J.S.2B:12-1 1[and N.J.S.2B:12-5]1.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  N.J.S.2B:12-1 is amended to read as follows:

     2B:12-1.  Establishment of municipal courts. 

     a.  Every municipality shall establish a municipal court.  If a municipality fails to maintain a municipal court or does not enter into an agreement pursuant to subsection b. or c. of this section, the Assignment Judge of the vicinage shall order violations occurring within its boundaries heard in any other municipal court in the county until such time as the municipality establishes and maintains a municipal court.  The municipality without a municipal court shall be responsible for all administrative costs specified in the order of the Assignment Judge pending the establishment of its municipal court.

     b.  Two or more municipalities, by ordinance, may enter into an agreement establishing a single joint municipal court and providing for its administration.  A copy of the agreement shall be filed with the Administrative Director of the Courts.  As used in this act, "municipal court" includes a joint municipal court.

     c.  Two or more municipalities, by ordinance or resolution, may agree to provide jointly for courtrooms, chambers, equipment, supplies and employees for their municipal courts and agree to appoint [the same persons as] judges and administrators without establishing a joint municipal court.  Where municipal courts share facilities in this manner, the identities of the individual courts shall continue to be expressed in the captions of orders and process.

     d.  An agreement pursuant to subsection b. or c. of this section may be terminated as provided in the agreement.  If the agreement makes no provision for termination, it may be terminated by any party with reasonable notices and terms as determined by the Assignment Judge of the vicinage.

     e.  Any county of the first class with a population of over 825,000 and a population density of  less than 4,000 persons per square mile according to the latest federal decennial census, with a county police department and force established in accordance with N.J.S.40A:14-106 or a county park police system established in accordance with P.L.1960, c.135 (C.40:37-261 et seq.), may establish, by ordinance, a central municipal court, which shall be an inferior court of limited jurisdiction, to adjudicate cases filed by agents of the county health department, members of the county police department and force or county park police system, or other cases within its jurisdiction referred by the vicinage Assignment Judge pursuant to the Rules of Court, and provide for its administration.  A copy of that ordinance shall be filed with the Administrative Director of the Courts.  As used in this act, "municipal court" includes a central municipal court.

(cf: P.L.1996, c.95, s.1)

 

     1[2.  N.J.S.2B:12-5 is amended to read as follows:

     2B:12-5.  Additional municipal judges.  a.  [With the written consent of the Assignment Judge of the vicinage, a] A county or municipality may: 

     (1)  increase the number of judgeships of the municipal court, or

     (2)  appoint one or more temporary municipal judges.

     b.  A temporary judge is an additional judge of the municipal court appointed to meet a special need of limited duration.  The procedure for appointment of temporary municipal judges shall be the same as that for other municipal judges, but each term of a temporary judge shall not exceed one year.

(cf: P.L.1996, c.95, s.4)]1

 

     1[3.] 2.1  This act shall take effect immediately.

 

 

                                

 

     Authorizes each municipality that shares courtroom facilities with one or more municipalities to appoint a judge and an administrator.