New Jersey-2012-A317-Introduced

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

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. Two or more contiguous municipalities in different vicinages, 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 judges and administrators without establishing a joint municipal court. If two or more contiguous municipalities in different vicinages agree to share facilities in this manner, each municipality may make appointments for judges and administrators. 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, provided the municipalities are located in the same vicinage. If the municipalities are located in different vicinages, the agreement may be terminated by any party with reasonable notices and terms as determined by the Director of the Administrative Office of the Courts.

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.2008, c.2, s.1).

2. This act shall take effect immediately.

STATEMENT

Currently, under the provisions of N.J.S.A.2B:12-1, two or more municipalities may agree to establish a single joint municipal court (subsection b.) or agree, by ordinance or resolution, to provide jointly for courtrooms, chambers, equipment, supplies and employees for their municipal courts without establishing a joint municipal court (subsection c.). In 2008, the Legislature amended subsection c. of N.J.S.A.2B:12-1 to clarify that if two or more municipalities agree to provide jointly for courtrooms and employees for their municipal court they could each make separate appointments for judges and administrators. However, the 2008 amendment did not address the issue of an agreement between adjoining municipalities located in different vicinages.

This bill amends subsection b. of N.J.S.A.2B:12-1 concerning joint municipal courts to clarify that two or more contiguous municipalities in different vicinages, by ordinance, may enter into an agreement to establish a single joint municipal court. In addition, the bill amends subsection c. of the N.J.S.A.2B:12-1 to provide that if two or more contiguous municipalities in different vicinages agree to share facilities in this manner, each municipality may make appointments for judges and administrators.

This bill also amends subsection d. of N.J.S.A.2B:12-1 concerning the termination of these agreements to provide for a procedure when the municipalities are in different vicinages. Under current law, subsection d. provides that an agreement entered either under subsection b., to establish a joint municipal court, or under subsection c., to share facilities without establishing a joint municipal court, may be terminated as provided for in the agreement. If the agreement does not make provisions for termination, then it may be terminated by any party with reasonable notices and terms as determined by the Assignment Judge of the vicinage.

This bill amends this section to provide that if the municipalities are located in different vicinages, the agreement may be terminated by any party with reasonable notices and terms as determined by the Director of the Administrative Office of the Courts.