SENATE, No. 3049

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED OCTOBER 22, 2020

 


 

Sponsored by:

Senator  STEPHEN M. SWEENEY

District 3 (Cumberland, Gloucester and Salem)

 

 

 

 

SYNOPSIS

     Establishes regional municipal court pilot program.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning municipal courts, and supplementing Title 2B of the New Jersey Statutes.

 

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

 

     1.    The Administrative Office of the Courts shall establish a regional municipal court pilot program in no fewer than three counties and no fewer than five municipalities in each county. The Administrative Director of the Courts in consultation with the assignment judges shall select appropriate counties and municipalities for the implementation of the program.

 

     2.    A regional municipal court shall have jurisdiction over all matters falling within the jurisdiction of the municipal courts in the pilot program. All complaints issued in the county by the State Police or any statewide law enforcement agency, or by any county law enforcement agency, any county code enforcement entity, or by any other non-municipal law enforcement agency, shall also fall within the jurisdiction of the regional municipal court, consistent with the provisions of N.J.S.2B:12-17 and N.J.S.2B:12-18.

 

     3.    Notwithstanding any other law to the contrary, fines and costs collected by the regional municipal court shall be retained by the regional municipal court on a pro rata basis equal to the costs associated with management, administration, operation, judge and staff salaries, and technology for the regional municipal court. The remainder of the fines and costs collected by the regional municipal court shall be distributed in accordance with N.J.S.22A:3-4, R.S.39:5-40, R.S.39:5-41, and subsection c. of section 3 of P.L.1979, c.396 (C.2C:46-4).

 

     4.    Judicial appointments to the regional municipal court shall be made in accordance with the provisions of Article VI, Section VI, paragraph 1 of the State Constitution. The assignment judge of the vicinage shall have the authority to make a temporary appointment in the event of a vacancy.

 

     5.    The regional municipal court pilot programs shall begin hearing cases one year following enactment.

 

     6.    This act shall take effect 180 days after enactment except the Administrative Director of the Courts may take any anticipatory action in advance as the director deems necessary for the implementation of the pilot program.

STATEMENT

 

     This bill creates a pilot program to establish regional municipal courts by consolidating certain municipal courts.

     The pilot program would be established in no fewer than three counties and no fewer than five municipalities in each county. The selection of the appropriate counties and municipalities for the pilot program would be made by the Administrative Director of the Courts in consultation with the assignment judges.

     A regional municipal court would have jurisdiction over all matters falling within the jurisdiction of the municipal courts that are part of the pilot program. All complaints issued in the county by the State Police or any statewide law enforcement agency, or by any county law enforcement agency, any county code enforcement entity, or by any other non-municipal law enforcement agency within the jurisdiction of the municipal courts would fall in the jurisdiction of the regional municipal courts.

     The nomination and appointment of judges of a regional municipal court would be done in accordance with the provisions of Article VI, Section VI, paragraph 1 of the State Constitution. That paragraph provides that the Governor nominates and appoints these municipal judges with the advice and consent of the Senate. The assignment judge of the vicinage would have the authority to make a temporary appointment in the event of a vacancy.

     All fees, fines, charges, and costs collected by the regional municipal court would be the same as currently provided by law for municipal courts. The regional municipal court shall retain these monies on a pro rata basis equal to the costs incurred.