The Assembly Judiciary Committee voted favorably on S-3049 (Sweeney)/A-5748 (Taliaferro), which would establish a regional municipal court pilot program. Joshua Reinitz, former chair of the Municipal Court Practice Section of the New Jersey State Bar Association (NJSBA), testified in support of the concept, but recommending amendments to the bill to include stakeholder input, specifically the NJSBA, and to require a study of the pilot program before implementing the full program.
“The municipal courts often represent an individual’s first, and hopefully only, interaction with the criminal justice system, and they deserve a system that is fair and impartial and will handle the disposition of cases with the utmost integrity and independence, which will fortify public confidence in the judicial system,” the NJSBA said in its written remarks to the committee. “A regional system that is more transparent and less financially driven will be a meaningful benefit to the public and the profession.”
Regional municipal courts were studied extensively by the NJSBA, most recently resulting in a 2017 Report on the Subcommittee on Judicial Independence. Following this study, the Supreme Court Working Group on the Municipal Courts issued its own report, citing to the NJSBA’s findings in support of the need for changes in the municipal court system.
The bill sets out a pilot program for less-populated counties to permit municipalities to opt in to a regional court to handle the disposition of municipal matters. Municipalities would pay a pro rata portion of the staffing, administrative, and overhead costs for the program. Judges would be appointed similar to superior court judges, except that assignment judges would be able to fill vacancies pending confirmation from the Senate and governor.
Atlantic County was the first county to test the program. Judge Julio Mendez testified on behalf of the Administrative Office of the Courts regarding the efficacy of the program, recommending the program continue. He agreed that stakeholder input was important, and assured the committee that they worked with stakeholders while testing the pilot program.
“It is clear that regionalization is a necessary step towards improving the efficiency of municipal courts, but its implementation requires careful analysis to ensure that justice is delivered fairly,” the NJSBA said in its written remarks.
Assemblyman Raj Mukherji, committee chair and a second prime sponsor of the bill, assured the NJSBA that the sponsors would work with them to evaluate the legislation in recognition of the concerns raised. The NJSBA continues to monitor the bill and the program.
This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.