ASSEMBLY, No. 1416
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 5, 1996
By Assemblyman KELLY
An Act authorizing the establishment of a court of limited jurisdiction in certain counties 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. As authorized pursuant to Article VI, Section I, paragraph 1 of the New Jersey Constitution, the governing body of any county 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 or resolution, a court of limited jurisdiction as hereinafter provided.
2. A court established pursuant to this act:
a. shall have, consistent with the provisions of subsection b. of this section, jurisdiction over cases arising within the territorial boundaries of the county wherein it is situated; and
b. shall have and exercise, concurrently with the municipal courts of the county, all of the powers and jurisdiction conferred upon those municipal courts with respect to complaints made by members of the county police department and force or county park police, as the case may be, for:
(1) Disorderly persons offenses, petty disorderly persons offenses and other non-indictable offenses except where exclusive jurisdiction is given to the Superior Court;
(2) Violations of motor vehicle offenses;
(3) Violations of a county traffic, parking or park ordinance, or any other ordinance for which a penalty is prescribed; and
(4) Violations of the fish and game laws.
3. a. Each judge of a court established pursuant to this act shall be appointed by the governing body of the county and shall serve for a term of three years from the date of appointment and until a successor is appointed and qualified. Any appointment to fill a vacancy not caused by the expiration of a term shall be made for the unexpired term only. However, if the county requires by ordinance or resolution, as is appropriate, that the judge of the court devote full time to judicial duties or limit the practice of law to non-litigated matters, the first appointment after the establishment of that requirement shall be for a full term of three years.
b. The governing body of the county may appoint one or more temporary judges to meet a special need of limited duration. The procedure for appointment of temporary judges shall be the same as that for other judges appointed under this act, but the term for each temporary judge shall not exceed one year.
4. a. Every judge and temporary judge appointed under the provisions of this act shall be a resident of this State and an attorney-at-law admitted to practice in this State for at least five years.
b. In lieu of any other fees, judges appointed pursuant to this act shall be paid annual salaries set by ordinance or resolution, as is appropriate, of the governing body of the county.
c. Where there is more than one judge of a court established pursuant to this act, the governing body of the county may designate one of those judges as the chief judge of the court. The chief judge shall designate the time and place of court and assign cases among the judges.
5. a. The county shall provide for an administrator and other necessary employees for the court and for their compensation.
b. The county shall provide suitable courtrooms, chambers, officers, equipment and supplies for the court.
6. Any law enforcement officer, or any other person authorized by law, may act in the service, execution and return of process, orders, warrants and judgments issued by a court established pursuant to this act.
7. a. The court may order that a sentence of imprisonment be served periodically on particular days, rather than consecutively. The person imprisoned shall be given credit for each day or fraction of a day to the nearest hour served.
b. A person sentenced by the court to pay a fine, who defaults in payment, may be ordered to perform community service in lieu of incarceration or other modification of the sentence with the person's consent.
The county official in charge of community service shall report to the court any failure of a person subject to a court work order to report for work or to perform the assigned work. Upon receipt of the report, the court may revoke its community service order and impose any sentence consistent with the original sentence.
8. The Supreme Court may promulgate Rules of Court to effectuate the purposes of this act.
9. This act shall take effect immediately.
STATEMENT
This bill permits counties that have county police forces or county park police forces to establish special limited jurisdiction courts to hear matters related solely to summonses written by those county police or park police officers.
Under the provisions of the bill, the governing body of any county having a county police or park police force may establish a special county court which would have jurisdiction over motor vehicle offenses; violations of county ordinances; disorderly persons offenses, petty disorderly persons offenses and other non-indictable offenses except where exclusive jurisdiction is given to the Superior Court; and fish and game laws when the summons for the violation is written by a county police officer or park police officer.
Without such a centralized court, county police and park police officers must travel to each municipality where they wrote a summons and appear before that municipal court. The scheduling problems facing individual officers can be difficult; the overtime costs for the county, substantial.
The bill specifies that the county is solely responsible for any such court. The governing body appoints the judges; provides the employees and facilities; and assumes all responsibilities for the associated costs.
As provided in Section VI, Section I, paragraph 6 of the New Jersey Constitution, limited jurisdiction courts, like those permitted under this bill, may be authorized and established by law.
Permits establishment of a limited jurisdiction court in certain counties.