Bill Text: NJ A5881 | 2022-2023 | Regular Session | Introduced
Bill Title: Concerns jurisdiction and operations of regional municipal courts.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2024-01-08 - Substituted by S4040 (1R) [A5881 Detail]
Download: New_Jersey-2022-A5881-Introduced.html
Sponsored by:
Assemblyman CHRIS TULLY
District 38 (Bergen and Passaic)
Assemblyman DONALD A. GUARDIAN
District 2 (Atlantic)
Assemblywoman CLAIRE S. SWIFT
District 2 (Atlantic)
SYNOPSIS
Concerns jurisdiction and operations of regional municipal courts.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning regional municipal courts, amending N.J.S.2B:12-16 and P.L.2000, c.126, and amending and supplementing P.L.2021, c.191.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2B:12-16 is amended to read as follows:
2B:12-16. Territorial jurisdiction. a. A municipal court of a single municipality shall have jurisdiction over cases arising within the territory of that municipality except as provided in section 10 of P.L.1997, c.357 (C.27:25-5.15). A joint municipal court shall have jurisdiction over cases arising within the territory of any of the municipalities which the court serves. The territory of a municipality includes any premises or property located partly in and partly outside of the municipality. A central municipal court shall have jurisdiction over cases arising within the territorial boundaries of the county. A regional municipal court established pursuant to the pilot program set forth in section 1 of P.L.2021, c.191 (C.2B:12-34) shall have territorial jurisdiction over cases arising within the territory of the municipalities participating in the regional municipal court pilot program.
b. A municipal court judge, serving as an acting judge in any other municipal court in the county, may also hear matters arising out of that other court, while sitting in the court where the acting judge holds a regular appointment.
(cf: P.L.1997, c.357, s.13)
2. Section 2 of P.L.2021, c.191 (C.2B:12-35) is amended to read as follows:
2. A regional municipal court shall have territorial and subject matter jurisdiction over all municipal court matters falling within the territorial jurisdiction of the municipal courts of the municipalities 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.] A county may, by ordinance, confer the regional municipal court with subject matter jurisdiction over complaints issued by such county law enforcement agencies or county code enforcement entities as may be set forth by ordinance.
(cf: P.L.2021, c.191, s.2)
3. (New section) All complaints issued in the county on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) 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 be heard in the municipal court of the municipality from which the complaint originates, consistent with the provisions of N.J.S.2B:12-17 and N.J.S.2B:12-18. A regional municipal court established prior to the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill) shall retain jurisdiction over all matters pending as of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). The assignment judge of the vicinage shall have the authority to transfer matters between the municipal courts of the county consistent with the provisions of this section.
4. Section 37 of P.L.2000, c.126 (C.40:23-6.53) is amended to read as follows:
37. The governing body of any county may enter into a contract with a private agency or firm for the purpose of collecting delinquent fees, fines, costs, surcharges, and other penalties or assessments imposed, after a final determination of guilt, by a central municipal court established pursuant to subsection e. of N.J.S.2B:12-1, or imposed, after a final determination of guilt, on cases that were filed in a regional municipal court established pursuant to N.J.S.2B:12-34. The use of private agencies or firms to collect delinquent fees, fines, costs, surcharges and other penalties or assessments imposed by a central municipal court or for cases filed in a regional municipal court shall be in accordance with rules or procedures adopted by the Supreme Court. Any such contract shall be made pursuant to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.). The governing body of any county may authorize the assessment of a fee by a private agency or firm not to exceed 22% of the amount collected to be paid by the debtor to the private agency or firm to pay for the costs of collection.
(cf: P.L.2009, c.233, s.2)
5. This act shall take effect on the first day of the seventh month following enactment, except that the Administrative Director of the Courts may take any anticipatory action in advance as the director deems necessary for the timely implementation of this act.
STATEMENT
This bill clarifies the jurisdiction of regional municipal courts established under the pilot program set forth in P.L.2021, c.191 (N.J.S.A.2B:12-34, et seq.). Under the pilot program, a county in cooperation with five or more municipalities can create a regional municipal court operated by the county to consolidate the individual courts of participating municipalities.
Currently, in addition to having jurisdiction over cases originating from the participating municipalities, the pilot program also required regional municipal courts to handle cases filed 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, on a countywide basis, even if those matters did not originate from a participating municipality.
The bill clarifies that regional municipal courts will no longer be required to hear State Police or county police cases originating from outside the participating municipalities; but counties may still, by ordinance, confer upon the regional municipal court with certain countywide jurisdiction if it chooses to do so. The regional municipal court will retain jurisdiction over currently pending countywide cases, but new cases originating from non-participating municipalities brought after the effective date of the bill will be filed in their municipality of origin.
The bill also clarifies that the governing county of a regional municipal court may enter into a contract with a private firm for the collection of delinquent fees, fines, costs, surcharges, and other penalties on behalf of the regional municipal court, pursuant to the Local Public Contracts Law.
In the view of the sponsor, requiring regional municipal courts to handle countywide State Police cases has resulted in a higher than anticipated caseload and higher than anticipated expenses where such courts have been established. At the same time, in non-participating municipalities where a large volume of cases involve the State Police or county police, that municipality is required by law, N.J.S.A.2B:12-1, to continue to operate a municipal court even if its caseload has been significantly reduced. In the view of the sponsor, this unintended result runs counter to the cost-savings goal of municipal court consolidation.
