Gov. Phil Murphy signed into law a bill that establishes a regional municipal court pilot program. A-5176 (Taliaferro)/S-3049 (Sweeney) creates a pilot program for municipalities and counties to regionalize their municipal courts as a cost-saving, fairness measure.
“Through municipal court regionalization, we will be able to achieve many of the same reforms we are beginning to see realized in regard to school regionalization,” said Senate President Stephen Sweeney. “Through court consolidation, we will be able to leverage resources to save money, make the mechanics of our justice system run more smoothly, and make it more equitable and efficient for all.”
The New Jersey State Bar Association (NJSBA) supported the concept of regional municipal courts, having recommended regionalization in its Report of the Subcommittee on Judicial Independence in the Municipal Court. It urged amendments to include a reporting mechanism following implementation of the pilot program, with input from stakeholders including the NJSBA.
The NJSBA also raised concerns regarding the appointment of judges, which would be governed by the same constitutional requirements that govern superior court nominations. The bill does permit for interim appointments to be made by assignment judges until the Senate and the governor act.
Additional concerns included the impact on regionalization for those who must travel farther for in-person appearances. While some appearances may be virtual, the scope of virtual versus in-person appearances has not yet been determined.
Atlantic County is poised to be the first to regionalize its municipal courts. Assignment Judge Julio L. Mendez testified before the Senate Judiciary Committee to explain his involvement in a working group the Atlantic County executive created. The working group reviewed the feasibility of a regional court. The year-long study revealed a cost savings of about 30% and a more efficient “delivery of justice,” according to Menendez. He testified about the difficulty small towns face implementing treatment, mental health and domestic violence programs.
Regional courts can dedicate court sessions just to hear specific cases, he said. Such an approach is not available in the smaller courts.
Counties would host the regional courts and towns would have the option to opt out of the program.
The bill received some criticism from legislators concerned about the misnomer of regionalization because the program is county driven. The regionalization program would only be available in 10 counties—Atlantic, Cape May, Salem, Cumberland, Gloucester, Hunterdon, Somerset, Warren, Morris and Sussex.
“A streamlined municipal court system will spell savings for taxpayers,” said Assemblyman Parker Space, a sponsor of the bill. “There’s no reason to have 515 local courts in 565 municipalities across the state.”
The bill becomes effective Oct. 4.
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.