Bill Text: NJ A747 | 2010-2011 | Regular Session | Introduced
Bill Title: Grants county governing body final authority to determine expenditures for courtroom facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Judiciary Committee [A747 Detail]
Download: New_Jersey-2010-A747-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman JOHN DIMAIO
District 23 (Warren and Hunterdon)
SYNOPSIS
Grants county governing body final authority to determine expenditures for courtroom facilities.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning courthouse facilities and amending N.J.S.2B:6-1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2B:6-1 is amended to read as follows:
2B:6-1. Courtrooms and Equipment; Security.
a. Suitable courtrooms, chambers, equipment and supplies for the Supreme Court, the Appellate Division of the Superior Court and the Chancery Division, other than the Family Part of the Chancery Division, of the Superior Court shall be provided at the expense of the State by the Administrative Director in cooperation with the Director of the Division of Purchase and Property in the Department of the Treasury. These courtrooms and chambers shall be located in a courthouse or other public building so far as practicable.
b. Each county shall provide suitable courtrooms, chambers, equipment and supplies necessary for the processing and decision of cases from that county in the Law Division and the Family Part of the Chancery Division. The county governing body shall have final authority to determine expenditures for courtrooms, chambers, equipment and supplies and final authority to determine whether courtroom facilities are "suitable" pursuant to this subsection.
c. A flag of the United States shall be displayed in an appropriate place in each courtroom during all sessions of the court.
d. The sheriff of each county shall provide for security for the Law and Chancery Divisions of the Superior Court sitting in that county in the manner established by the assignment judge in the county.
(cf: P.L.1991, c.177, s.3)
2. This act shall take effect immediately.
STATEMENT
Under current law, the counties are responsible for the costs of construction and renovation of courthouse facilities. Although the New Jersey Constitution was amended by the voters in 1992 to provide for unification of the court system and to require the State to assume certain judicial costs which had previously been borne by county taxpayers, capital costs remain a county responsibility.
Currently, the Rules of Court provide that a dispute between the county governing body and the Assignment Judge concerning courtroom facilities may be submitted to arbitration. However, the Court Rules also provide that the the New Jersey Supreme Court may overturn the decision of the arbitrators if the court determines "that the decision fails to balance the needs and interest of the county and the Judiciary in a fair manner." [R.1:33-9.]
It is the view of the sponsor that this Court Rule in effect allows the New Jersey Supreme Court to improperly make decisions about county spending and that such decisions must be the sole responsibility of county elected officials fulfilling their responsibilities to the taxpayers.
Currently, N.J.S.A.2B:6-1 provides that each county "shall provide suitable courtrooms, chambers, equipment and supplies necessary for the processing and decision of cases from that county in the Law Division and the Family Part of the Chancery Division." This bill provides that the county governing body shall have final authority to determine expenditures for courtrooms, chambers, equipment and supplies and final authority to determine whether courtroom facilities are "suitable" pursuant to the statute.
