SENATE JUDICIARY COMMITTEE

 

STATEMENT TO

 

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 1416

 

STATE OF NEW JERSEY

 

DATED: MAY 2, 1996

 

      The Senate Judiciary Committee reports favorably Assembly Committee Substitute for Assembly Bill No. 1416.

      This bill would authorize counties with county police forces or county park police forces to establish by ordinance a central municipal court. The central municipal court would hear matters filed of county health departments, summonses written by county police or park police officers or other cases referred to the court by the Assignment Judge of the vicinage in which the court is located.

      Under the provisions of these bills, the judges of the central municipal court would be nominated and appointed by the Governor with the advice and consent of the Senate. In those counties having a county executive, the county executive is authorized to submit the names of judicial candidates to the Governor. In all other counties, the governing body would be authorized to submit the names of candidates to the Governor.

      The judges would be paid an annual salary set by the ordinance or resolution which established the court. The county would be required to provide the court with suitable courtrooms, chambers, offices, equipment and supplies.

      The central municipal court would have jurisdiction over matters involving violations of county or municipal ordinances, motor vehicle offenses, disorderly persons offenses, petty disorderly persons offenses and other non-indictable offenses except where exclusive jurisdiction is given to the Superior Court, fish and game laws, and certain penalty collection proceedings. This is the same jurisdiction currently granted to municipal courts.

      These bills would also authorize municipalities and counties which have established central municipal courts to employ attorneys who would serve as prosecutors. Currently the statutes governing municipal courts do not specifically authorzie such appointments. These bills would also authorize a county to appoint a public defender to represent indigents in matters before a central municipal court.

      These bills also provide that if a county has established a central municipal court, any fines, penalties and forfeitures collected in connection with complaints and summones issued by county law enforcement personnel would be forwarded to the county to be used to defray the cost of operating the central municipal court.

      In addition to authorizing the creation of central municipal courts, these bill would extend the jurisdiction of municipal courts, including central municipal courts, to violations of statutes regulating boating.