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A1219
ASSEMBLY, No. 1219
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman MICHAEL INGANAMORT
District 24 (Morris, Sussex and Warren)
Assemblywoman DAWN FANTASIA
District 24 (Morris, Sussex and Warren)
SYNOPSIS
���� Provides for appointment of certain municipal court
judges at the local or county level.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning the appointment of certain municipal court
judges 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 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.�
���� b.���
(1)
� 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
]
appointed
pursuant to the provisions of paragraph (2) of this subsection
.
����
(2)�� In the event that two
or more municipalities agree to the establishment of a joint municipal court,
the method of selecting and appointing each judge shall be set forth in the
agreement establishing the joint municipal court.� A copy of the agreement shall
be filed with the Administrative Director of the Courts.
�
����
(3)
�� 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
]
appointed by
the county executive in those counties having a county executive and in all
other counties shall be appointed by the governing body of the county
.
(cf: P.L.1996, c.95, s.3)
���� 2.��� This act shall take
effect immediately upon the approval by the voters of Assembly Concurrent
Resolution No. 88 of 2012-2013, or a substantially similar amendment, which
amends the Constitution of the State of New Jersey to eliminate the
requirements of nomination and appointment of joint municipal court judges by
the Governor with the advice and consent of the Senate.
STATEMENT
���� This bill is the enabling
legislation to a proposed constitutional amendment, which would eliminate the Governor
and the Senate from involvement in the appointment of judges of joint municipal
courts and central municipal courts.
���� Currently, the statutes allow for
three types of municipal courts: municipal courts of single municipalities,
joint municipal courts, and central municipal courts. A municipal court of a
single municipality has jurisdiction over cases from that municipality, and a
judge of such a court is appointed at the municipal level. However, judges of
joint municipal courts and central municipal courts are nominated and appointed
at the State level by the Governor with the advice and consent of the Senate. (A
joint municipal court is created by two or more municipalities and has
jurisdiction over cases from these municipalities.� A central municipal court
is created by a county and has jurisdiction over cases from all municipalities
in that county.)
���� This bill amends N.J.S.2B:12-4
to provide that if two or more municipalities agree to the establishment of a
joint municipal court, the method of selecting and appointing each judge would
be set forth in the agreement establishing that court. �A copy of the agreement
would be filed with the Administrative Director of the Courts.� The Governor
and the Senate would not be involved.
���� In addition, the bill provides
that a judge of a central municipal court would be appointed by the county
executive in those counties having a county executive and in all other counties
would be appointed by the county governing body.� The Governor and the Senate
would also not be involved in this appointment.
���� Under the bill, judges of
municipal courts of single municipalities would continue to be appointed at the
municipal level.