ASSEMBLY, No. 1704

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Assemblyman  JOHN J. BURZICHELLI

District 3 (Salem, Cumberland and Gloucester)

Assemblyman  PETER J. BARNES, III

District 18 (Middlesex)

Assemblywoman  L. GRACE SPENCER

District 29 (Essex and Union)

Assemblyman  HERB CONAWAY, JR.

District 7 (Burlington and Camden)

Assemblyman  JACK CONNERS

District 7 (Burlington and Camden)

 

 

 

 

SYNOPSIS

     Creates eight additional judgeships; increases certain court fees to fund judgeships and to supplement funding for Legal Services of New Jersey.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act creating additional judgeships and amending various parts of the statutory law.

 

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

 

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

      2B:2-1.  Number of Judges.

      a.  The Superior Court shall consist of [441] 449 judges.

      b.   (1) The Superior Court shall at all times consist of the following number of judges, who at the time of their appointment and reappointment were resident of each county:

                                    Atlantic             11

                                    Bergen                         28

                                    Burlington                     [10] 12

                                    Camden                       16

                                    Cape May                    4

                                    Cumberland                  [7] 8

                                    Essex                           34

                                    Gloucester                    [11] 12

                                    Hudson                        [24] 25

                                    Hunterdon                    3

                                    Mercer                         [9] 10

                                    Middlesex                    24

                                    Monmouth                    18

                                    Morris                          16

                                    Ocean                          15

                                    Passaic             17

                                    Salem                           [3] 4

                                    Somerset                      6

                                    Sussex                          [4] 5

                                    Union                           20

                                    Warren             3

      (2)  Additionally, the following number of those judges of the Superior Court satisfying the residency requirements set forth above shall at all times sit in the county in which they reside:

                                    Atlantic             4

                                    Bergen                         12

                                    Burlington                     4

                                    Camden                       8

                                    Cape May                    2

                                    Cumberland                  4

                                    Essex                           14

                                    Gloucester                    6

                                    Hudson                        6

                                    Hunterdon                    2

                                    Mercer                         6

                                    Middlesex                    8

                                    Monmouth                    4

                                    Morris                          6

                                    Ocean                          8

                                    Passaic             6

                                    Salem                           2

                                    Somerset                      4

                                    Sussex                          2

                                    Union                           6

                                    Warren             2

(cf: P.L.2001, c.250, s.13)

 

      2.  N.J.S.22A:2-1 is amended to read as follows:

      22A:2-1. For services hereinafter mentioned, the Clerk of the Supreme Court shall be entitled to demand and receive the following fees:

      Upon the filing or entering of the notice of appeal, notice of cross-appeal or notice of petition for certification, notice of cross-petition for certification or notice of petition for review, the appellant, cross-appellant, petitioner or cross-petitioner shall pay [$200.00] $210.

      Upon the filing of the first paper in any motion, petition or application (including an order if it be the first paper), if not in a pending cause or if made after judgment entered, the moving party shall pay [$30.00] $35 which shall cover all fees payable on such motion, petition or application down to and including filing and entering the order therein and taxation of costs.

(cf: P.L.2002, c.34, s.25)

 

      3.  N.J.S.22A:2-6 is amended to read as follows:

      22A:2-6. Upon the filing or entering of the first paper or proceeding in any action or proceeding in the Law Division of the Superior Court, the plaintiff shall pay to the clerk [$200.00] $210 for the first paper filed by him, which shall cover all fees payable therein down to, and including entry of final judgment, taxation of costs, copy of costs and the issuance and recording of final process, except such as may be otherwise provided herein, or provided by law, or the rules of court. Any person filing an answer setting forth a counterclaim or a third party claim in such cause shall pay to the clerk [$200.00] $210 for the first paper filed by him. Any person other than the plaintiff filing any other paper in any such cause shall pay to the clerk [$135.00] $140 for the first paper filed by him.


      Any person filing a motion in any action or proceeding shall pay to the clerk [$30.00] $35

(cf: P.L.2002, c.34, s.26)

 

      4.  N.J.S.22A:2-12 is amended to read as follows:

      22A:2-12. Payment of fees in Chancery Division of Superior Court upon filing of first paper. Upon the filing of the first paper in any action or proceeding in the Chancery Division of the Superior Court, there shall be paid to the clerk of the court, for the use of the State, the following fees, which, except as hereinafter provided, shall constitute the entire fees to be collected by the clerk for the use of the State, down to the final disposition of the cause:

      Receivership and partition, [$200.00] $210.

      All other actions and proceedings except in probate cases and actions and proceedings for divorce or dissolution of a civil union, [$200.00] $210.

      Actions and proceedings for divorce or dissolution of a civil union, [$250.00] $260, $25.00 of which shall be forwarded by the Clerk of the Superior Court as provided in section 2 of P.L.1993, c.188 (C.52:27D-43.24a).

      Any person filing a motion in any action or proceeding shall pay to the clerk [$30.00] $35.

(cf: P.L.2006, c.103, s.85)

 

      5.  Section 2 of P.L.1993, c.188 (C.52:27D-43.24a) is amended to read as follows:

      2.  Forwarding of filing fee. The Clerk of the Superior Court shall forward $25.00 of the [$250.00] $260 filing fee for a divorce or a dissolution of a civil union provided for in N.J.S.22A:2-12 on a quarterly basis to the Department of Community Affairs.

(cf: P.L.2006, c.103, s.86)

 

      6.  N.J.S.22A:2-13 is amended to read as follows:

      22A:2-13. Each person other than the plaintiff filing an answering pleading or other answering paper in the Chancery Division of the Superior Court shall at the time of filing the first paper, pay to the clerk the sum of [$135.00] $140; which shall cover all fees payable therein except such as may be otherwise provided herein or by law or the rules of court.

(cf: P.L.2002, c.34, s.30)

 

     7.    Section 14 of P.L.1991, c.177 (C.22A:2-37.1) is amended to read as follows:

     14.  a.  [From the effective date of the amendments made to this section by section 1 of P.L.2003, c.259 through the fifth year thereafter:]

     In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall be charged by the clerk and no service shall be performed until the specified fee has been paid:

     (1)   Filing of small claim, one defendant        [$15.00] $20

     Each additional defendant                             $  2.00

     (2)   Filing of complaint in tenancy,

one defendant                                                               [$25.00] $30

     Each additional defendant                             $  2.00

     (3)  (a)  Filing of complaint or other initial

pleading containing a counterclaim, cross-claim

or third party complaint in all other civil actions,

whether commenced without process or by summons,

capias, replevin or attachment where the amount

exceeds the small claims monetary limit              [$50.00] $55

     Each additional defendant                             $  2.00

     (b)   Filing of complaint or other initial

pleading containing a counterclaim, cross-claim

or third party complaint in all other civil actions,

whether commenced without process or by summons,

capias, replevin or attachment where the amount

does not exceed the small claims monetary limit [$32.00] $37

     Each additional defendant                             $  2.00

     (4)   Filing of appearance or answer

to a complaint or third party complaint in all

matters except small claims                                           [$15.00] $20

     (5)   Service of Process:  Fees for service of process, including:  summons by mail, each defendant; summons by mail each defendant at place of business or employment with postal instructions to deliver to addressee only; reservice of summons by mail, each defendant; postage for substituted service of process by the clerk upon the Chief Administrator of the New Jersey Motor Vehicle Commission in addition to the substituted service fee provided below; and  wage execution by mail to a federal agency, shall be set by the Administrative Director of the Courts.  The fee for service of process shall not exceed the postal rates for ordinary and certified mail, return receipt requested, and may include an administrative fee that shall not exceed $0.25 for each defendant served with process by mail.  The total service of process fee shall be rounded upward to the nearest dollar.  For the purposes of this paragraph, service of process means the simultaneous mailing by ordinary and certified mail, return receipt requested, to the defendant at the address provided by the plaintiff.

Reservice of summons or other original process by

court officer, one defendant                                                       $  3.00

plus mileage


Each additional defendant                                                           $2.00

plus mileage

Substituted service of process by the clerk upon

the Chief Administrator of the

New Jersey Motor Vehicle Commission                                    $10.00

     (6)   Mileage of court officer in serving or executing any process, writ, order, execution, notice, or warrant, the distance to be computed by counting the number of miles in and out, by the most direct route from the place where process is issued, at the same rate per mile set by the  State for other State employees and the total mileage fee rounded upward to the nearest dollar

     (7)   Jury of six persons                                                        $50.00

     (8)   Warrant for possession in tenancy                                 $15.00

     (9)   Warrant to arrest, commitment

or writ of capias ad respondendum, each defendant       $15.00

     (10)  Writ of execution or an order in

the nature of  execution, writs of replevin and

attachment issued subsequent to summons                                 $ 5.00

     (11)  For advertising property under execution

or any order                                                                             $10.00

     (12)  For selling property under

execution or any order                                                  $10.00

     (13)  Exemplified copy of judgment

(two pages)                                                                              $ 5.00

each additional page                                                                 $ 1.00

     b.    (Deleted by amendment, P.L.2002, c.34).

     c.     (Deleted by amendment, P.L.2002, c.34).

     d.    (Deleted by amendment, P.L.     , c.          ).

(cf: P.L.2003, c.259, s.1)

 

     8.    Section 6 of P.L.1996, c.52 (C.22A:2-51) is amended to read as follows:

     6.    Increased fees under P.L.1996, c.52 and P.L.        , c.        (pending before the Legislature as this bill), use; fund.

     a. An amount equal to 95 percent of  the increase in fees collected pursuant to the provisions of P.L.1996, c.52 (C.22A:2-51 et al.) shall be annually appropriated to the Department of [Community Affairs] the Treasury for the provision to the poor of  legal assistance in civil matters by Legal Services of New Jersey and to the Judiciary to fund 10 Superior Court judgeships, to supplement other funds appropriated from any other source in a fiscal year for these purposes.  An appropriation pursuant to this section shall not be used to replace appropriations from other sources for these purposes.

     b.  An amount equal to 5% of the increase in fees collected pursuant to the provisions of P.L.1996, c.52 (C.22A:2-51 et al.) shall be annually appropriated to the Department of State, Higher Educational Services, to be allocated equally among Rutgers-Newark Law School, Rutgers-Camden Law School and Seton Hall Law School for clinical programs which provide free legal representation to the poor, to supplement other funds appropriated from any other source in a fiscal year for these purposes.  An appropriation pursuant to this section shall not be used to replace appropriations from other sources for these purposes.

     c. There is created in the Department of the Treasury a non-lapsing, revolving fund into which the Treasurer shall deposit annually an amount equal to the revenue derived from the increase in the fees  collected pursuant to P.L.1996, c.52 (C.22A:2-51 et al.).  Interest and other income earned on moneys deposited into this  fund  shall be credited to the fund.  Moneys in the fund shall be appropriated and distributed annually exclusively for the purposes set forth in subsections a. and b. of this section.  The State Treasurer shall have performed an audit of this fund biennially following the effective date of P.L.1996, c .52 (C.22A:2-51) and the results of the audit shall be included in the report required pursuant to subsection [d] e. of this section.

     d.    Moneys derived from the increase in fees collected pursuant to N.J.S.22A:2-1, N.J.S.22A:2-6, N.J.S.22A:2-12, section 2 of P.L.1993, c.188 (C.52:27D-43.24a), N.J.S.22A:2-13, and section 14 of P.L.1991, c.177 (C.22A:2-37.1), as amended by sections 2 through 7 of P.L.        , c.        (pending before the Legislature as this bill) shall be appropriated first to the Judiciary to fund the cost of the eight additional Superior Court judgeships created pursuant to section 1 of P.L.        , c.      (pending before the Legislature as this bill).  Any moneys remaining in the fund after the appropriation of funds for the cost of the eight additional Superior Court judgeships shall be appropriated to the Department of the Treasury for distribution to Legal Services of New Jersey for the provision of legal assistance to the poor in civil matters, to supplement other funds appropriated from any other source in a fiscal year for these purposes.  An appropriation pursuant to this section shall not be used to replace appropriations from other sources for these purposes.

     e. The State Treasurer shall submit an annual report to the Legislature on the use of the fees collected pursuant to P.L.1996, c.52 (C.22A:2-51 et al.) and the fees collected pursuant to P.L.        , c.    (pending before the Legislature as this bill) and deposited into the fund created pursuant to subsection c. of this section.  The report shall be submitted to the President of the Senate and Speaker of the General Assembly, and the Senate Budget and Appropriations Committee, Assembly Appropriations Committee, Senate Judiciary Committee and  Assembly Judiciary Committee, or their successors.

(cf: P.L.1996, c.52, s.6)

      9.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would create eight additional Superior Court judgeships Statewide and increase funding for Legal Services, by increasing certain court fees.

     Section 1 of the bill would amend N.J.S.2B:2-1 to add the eight judgeships as follows: Burlington, two judges; Cumberland, one judge; Gloucester, one judge; Hudson, one judge; Mercer, one judge; Salem, one judge; and Sussex, one judge. 

     Sections 2 through 7 would increase various fees set forth in Title 22A and Title 52 for the purposes of funding the eight judgeships and Legal Services.