Provides for early termination of terms of office for certain appointed municipal court positions when two or more municipalities enter into agreements to establish joint or shared municipal courts.

A4407

ASSEMBLY, No. 4407

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblyman� JAY WEBBER

District 26 (Morris and Passaic)

Co-Sponsored by:

Assemblywoman Fantasia

SYNOPSIS

���� Provides for early termination of terms of office for
certain appointed municipal court positions when two or more municipalities
enter into agreements to establish joint or shared municipal courts.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning municipal courts and amending
N.J.S.2B:12-4, P.L.1997, c.256 and P.L.1999, c.349.

����
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
; provided, the
three year term may be terminated before its scheduled date of expiration if a
municipality enters into an agreement to establish a joint municipal court
under subsection b. of N.J.S.2B:12-1 or to provide for a shared municipal court
under subsection c. of N.J.S.2B:12-1
.� 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.��� 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.��� Section 4 of P.L.1997, c.256 (C.2B:24-4)
is amended to read as follows:

���� 4.��� a. A municipal public defender shall be an
attorney-at-law of this State in good standing, and shall serve for a term of
one year from the date of his appointment
, unless this term is terminated
before its scheduled date of expiration in relation to the appointing
municipality�s entrance into
an agreement to establish a
joint municipal court under subsection b. of N.J.S.2B:12-1 or to provide for a
shared municipal court under subsection c. of N.J.S.2B:12-1
,
and may continue to serve
in office pending re-appointment or appointment of a successor.� A municipal
public defender may be appointed to that position in one or more municipal
courts.� The provisions of this act shall apply to each such position held.� A
municipal public defender need not reside in the municipality where he acts as
a municipal public defender.

��� b.�� A municipal public defender of a joint
municipal court shall be appointed upon the concurrence of the governing bodies
of each of the municipalities in accordance with applicable laws, ordinances or
resolutions.

��� c.�� In accordance with applicable laws,
ordinances and resolutions, a municipality may appoint additional municipal
public defenders as necessary to administer justice in a timely and effective
manner in its municipal court.� Additional appointments shall be subject to the
provisions of this act, including appointments in a joint municipal court.

��� d.�� Appointments to fill vacancies in the
position of municipal public defender shall be made in accordance with the
provisions of this act as soon as practicable.

��� e.�� In addition to any other means provided by
law for the removal from office of a public official, a municipal public
defender may be removed by the governing body of a municipality for good cause
shown and after a public hearing, and upon due notice and an opportunity to be
heard.� Failure to reappoint a municipal public defender for a second or
subsequent term does not constitute a �removal from office� within the meaning
of this subsection.

��� f.����� The municipal public defenders may
represent private clients in any municipality, including the municipality where
they act as a municipal public defender, subject to
Chapter II of Part I of

the Rules of Court
[
Governing the
]
, titled
Conduct of Lawyers, Judges and Court Personnel.

(cf: P.L.1997, c.256, s.4)

���� 3.� Section 4 of P.L.1999, c.349 (C.2B:25-4) is
amended to read as follows:

���� 4.��� a. Each municipal court in this State
shall have at least one municipal prosecutor appointed by the governing body of
the municipality, municipalities or county in accordance with applicable laws,
ordinances and resolutions.

���� b.���
(1)
A municipal prosecutor shall be
an attorney-at-law of this State in good standing, and shall serve for a term
of one year from the date of his or her appointment,
except as provided
under paragraph (2) of this subsection, or
except as determined by the
governing body of a county or a city of the first class with a population
greater than 270,000, according to the latest federal decennial census, or the
governing body of a city of the second class with a population of greater than
30,000 but less than 43,000, according to the latest decennial census, which
city of the second class is located in a county of the first class with a
population less than 600,000 according to the latest federal decennial census,
and may continue to serve in office pending re-appointment or appointment of a
successor.� A municipal prosecutor may be appointed to that position in one or
more municipal courts.� The provisions of this act shall apply to each such
position held.

����
(2)
��
The
term of any municipal prosecutor may be terminated before its scheduled date of
expiration if a municipality enters into an agreement to establish a joint
municipal court under subsection b. of N.J.S.2B:12-1 or to provide for a shared
municipal court under subsection c. of N.J.S.2B:12-1.

���� c.���� (1) A municipal prosecutor of a joint
municipal court shall be appointed upon the concurrence of the governing bodies
of each of the municipalities in accordance with applicable laws, ordinances or
resolutions.

��� (2)�� A municipal prosecutor of a central
municipal court shall be appointed by the governing body of the county.

��� d.���� Municipal prosecutors shall be compensated
either on an hourly, per diem, annual or other basis as the county,
municipality or municipalities provide.� In the case of a joint municipal
court, municipalities shall, by similar ordinances, enter into an agreement
fixing the compensation of the municipal prosecutor and providing for its
payment.� In the case of a central municipal court, the county shall fix the
compensation of the municipal prosecutor and provide for its payment.

��� The compensation of municipal prosecutors shall
be in lieu of any and all other fees; provided, however that when a municipal
prosecutor is assigned to prosecute a de novo appeal in the Superior Court, the
prosecutor shall be entitled to additional compensation unless the municipality
expressly provides otherwise at the time the compensation is fixed.

��� e.���� In accordance with applicable laws,
ordinances and resolutions, a municipality may appoint additional municipal
prosecutors as necessary to administer justice in a timely and effective manner
in its municipal court.� Such appointments shall be subject to this act.� This
subsection also applies to joint municipal courts and central municipal courts.

��� f.��� Any municipal court having two or more municipal
prosecutors shall have a �chief municipal prosecutor� who shall be appointed by
the governing body of the county or the municipality. �The chief municipal
prosecutor of a joint municipal court shall be appointed upon the concurrence
of the governing bodies of each municipality.� The chief municipal prosecutor
shall have authority over other prosecutors serving that court with respect to
the performance of their duties.

��� g.���� (1) Nothing in this act shall affect the
appointment of municipal attorneys in accordance with N.J.S.40A:9-139;
provided, however, that a person appointed to the positions of both municipal
prosecutor and municipal attorney shall be subject to all of the provisions of
this act while serving in the capacity of municipal prosecutor.

��� (2)�� In addition to any other duties proscribed
by the provisions of this act, a person serving as both a municipal prosecutor
and a municipal attorney may prosecute county or municipal ordinance
violations.

(cf: P.L.1999, c.349, s.4)

���� 4.��� This act shall take
effect immediately.

STATEMENT

���� This bill provides for the
early termination of terms of office for certain appointed municipal court
positions when two or more municipalities enter into agreements to establish
joint municipal courts or shared municipal courts pursuant to subsection b. or
c. of N.J.S.2B:12-1 respectively.

���� Under current law, municipal
court judges are appointed to a three-year term pursuant to N.J.S.2B:12-4,
municipal public defenders are appointed for a one-year term under section 4 of

P.L.1997, c.256
(C.2B:24-4), and municipal prosecutors are generally appointed for a one-year
term under
section 4 of

P.L.1999, c.349 (C.2B:25-4)
.
�This
bill amends each of these sections of law to allow municipalities that enter
joint or shared municipal court agreements the express authority to terminate
the existing terms of office for any such municipal court positions prior to
the scheduled date of expiration of these position�s terms as necessary, in
order to facilitate the sharing of services established by the agreements.