Bill Text: NJ S2385 | 2010-2011 | Regular Session | Introduced
Bill Title: Shortens term of municipal court judges from three years to one year.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-11-08 - Introduced in the Senate, Referred to Senate Judiciary Committee [S2385 Detail]
Download: New_Jersey-2010-S2385-Introduced.html
Sponsored by:
Senator DIANE B. ALLEN
District 7 (Burlington and Camden)
Senator JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Shortens term of municipal court judges from three years to one year.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning judges of the municipal courts and amending N.J.S.2B:12-4.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2B:12-4 is amended to read as follows:
2B:12-4. Judge of municipal court; term of office; appointment. a. Each judge of a municipal court shall serve for a term of [three years] one year 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 term shall be made for the unexpired term only. However, if a county or municipality requires by ordinance that the judge of the municipal 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] one year.
b. In municipalities governed by a mayor-council form of government, the municipal court judge shall be appointed by the mayor with the advice and consent of the council. Each judge of a joint municipal court shall be nominated and appointed by the Governor with the advice and consent of the Senate. In all other municipalities, the municipal judge shall be appointed by the governing body of the municipality.
c. In a county that has established a central municipal court, the judge of the central municipal court shall 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 may submit the names of judicial candidates for judge of the central municipal court to the Governor. In all other counties, the governing body may submit the names of judicial candidates for judge of the central municipal court to the Governor.
(cf: P.L.1996, c.95, s.3)
2. N.J.S.2B:12-5 is amended to read as follows:
2B:12-5. Additional municipal judges. a. With the written consent of the Assignment Judge of the vicinage, a county or municipality may:
(1) increase the number of judgeships of the municipal court, or
(2) appoint one or more temporary municipal judges.
b. A temporary judge is an
additional judge of the municipal court appointed to meet a special need of
limited duration. The procedure for appointment of temporary municipal judges
shall be
the same as that for other municipal judges, [but] and each term of
a temporary judge shall not exceed one year.
(cf: P.L.1996, c.95, s.4)
3. This act shall not apply to any person serving as a municipal court judge on the effective date of this act until the expiration of the person's current term.
4. This act shall take effect on the 90th day following enactment.
STATEMENT
Under N.J.S.A.2B:12-4, judges of the municipal court serve terms of three years from the date of appointment and until a successor is appointed and qualified. This bill would shorten the judges' terms to one year. The bill also amends N.J.S.A.2B:12-5 concerning temporary municipal court judges to clarify a reference to the length of the term.
The bill would make the terms of municipal court judges consistent with the terms of municipal public defenders and municipal prosecutors. Pursuant to N.J.S.A.2B:24-4 and N.J.S.A.2B:25-4, municipal public defenders and municipal prosecutors are generally appointed to terms of one year.
The bill would not apply to any person serving as a municipal court judge on the effective date until the expiration of the person's current term.
