reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-12 - Bond or insurance

2B:12-12. Bond or insurance
2B:12-12. Bond or insurance. Before assuming the duties of office, a judge or administrator of a municipal court, or person employed by the court who handles money in the scope of that employment, shall be covered by a bond or insurance against loss or misappropriation of funds payable to the municipality, county and State, in an amount and with terms set by the municipality.
Source: N.J.S.2A:8-14.
L.1993,c.293,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-13 - Powers of administrator

2B:12-13. Powers of administrator
2B:12-13. Powers of administrator. Any process, order, warrant or judgment issued by a municipal court may be signed by the judge or be attested in the judge's name and signed by the municipal court administrator. The municipal court administrator shall have the authority granted by law and the Rules of Court to administrators and clerks of courts of record.
Source: N.J.S.2A:8-15.
L.1993,c.293,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-14 - Officers empowered to execute process

2B:12-14. Officers empowered to execute process
2B:12-14. Officers empowered to execute process. Any law enforcement officer, or any other person authorized by law, may act in the service, execution and return of process, orders, warrants and judgments issued by any municipal court.
Source: N.J.S.2A:8-16.
L.1993,c.293,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-15 - Courtrooms and equipment

2B:12-15. Courtrooms and equipment
2B:12-15. Courtrooms and equipment. Suitable courtrooms, chambers, offices, equipment and supplies for the municipal court, its administrator's office and its violations bureau shall be provided by the municipality or by a county that has established a central municipal court.
L.1993, c.119, s.1; amended 1996, c.95, s.10.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-16 - Territorial jurisdiction.

2B:12-16 Territorial jurisdiction.
2B:12-16. Territorial jurisdiction. a. A municipal court of a single municipality shall have jurisdiction over cases arising within the territory of that municipality except as provided in section 10 of P.L.1997, c.357 (C.27:25-5.15). A joint municipal court shall have jurisdiction over cases arising within the territory of any of the municipalities which the court serves. The territory of a municipality includes any premises or property located partly in and partly outside of the municipality. A central municipal court shall have jurisdiction over cases arising within the territorial boundaries of the county.
b. A municipal court judge, serving as an acting judge in any other municipal court in the county, may also hear matters arising out of that other court, while sitting in the court where the acting judge holds a regular appointment.
L.1993, c.119, s.1; amended 1996, c.95, s.11; 1997, c.357, s.13.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-17 - Jurisdiction of specified offenses

2B:12-17. Jurisdiction of specified offenses
2B:12-17. Jurisdiction of specified offenses. A municipal court has jurisdiction over the following cases within the territorial jurisdiction of the court:
a. Violations of county or municipal ordinances;
b. Violations of the motor vehicle and traffic laws;
c. Disorderly persons offenses, petty disorderly persons offenses and other non-indictable offenses except where exclusive jurisdiction is given to the Superior Court;
d. Violations of the fish and game laws;
e. Proceedings to collect a penalty where jurisdiction is granted by statute;
f. Violations of laws regulating boating; and
g. Any other proceedings where jurisdiction is granted by statute.
L.1993, c.119, s.1; amended 1996, c.95, s.12.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-17.1 - Responsibility for notification.

2B:12-17.1 Responsibility for notification.
4. As required pursuant to section 3 of P.L.2003, c.67 (C.4:22-57), a court adjudging guilt or liability for a violation of any provision of chapter 22 of Title 4 of the Revised Statutes, shall charge the prosecutor or other appropriate person, other than a certified animal control officer, with the responsibility to notify within 30 days the Commissioner of Health, in writing, of the full name of the person found guilty of, or liable for, an applicable violation, and the violation for which or of which that person was found guilty or liable, and the person charged with the responsibility shall provide such notice.
L.2003, c.67, s.4; amended 2017, c.331, s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-17.2 - Motor vehicle offenses involving death, bodily injury, Superior Court exclusive jurisdiction; prosecution guidelines.

2B:12-17.2 Motor vehicle offenses involving death, bodily injury, Superior Court exclusive jurisdiction; prosecution guidelines.
1. a. In any matter concerning Title 39 of the Revised Statutes where death or serious bodily injury has occurred, regardless of whether the death or serious bodily injury is an element of the offense or violation, the Superior Court shall have exclusive jurisdiction over the offense or violation until such time that the Superior Court transfers the matter to the municipal court. For the purposes of this section, the term "serious bodily injury" shall have the meaning set forth in subsection b. of N.J.S.2C:11-1.
b. The Attorney General may develop guidelines establishing procedures to be followed for prosecutions involving violations of N.J.S.2C:11-4, N.J.S.2C:11-5, section 1 of P.L.2017, c.165 (C.2C:11-5.3) or section 1 of P.L.1997, c.111 (C.2C:11-5.1) or criminal offenses involving serious bodily injury and underlying motor vehicle offenses arising from the same incident consistent with the provisions of P.L.2006, c.28 (C.2B:12-17.2 et al.).
L.2006, c.28, s.1; amended 2017, c.165, s.7.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-18 - Jurisdiction of specified offenses where indictment and trial by jury are waived

2B:12-18. Jurisdiction of specified offenses where indictment and trial by jury are waived
2B:12-18. Jurisdiction of specified offenses where indictment and trial by jury are waived. A municipal court has jurisdiction over the following crimes occurring within the territorial jurisdiction of the court, where the person charged waives indictment and trial by jury in writing and the county prosecutor consents in writing:
a. Crimes of the fourth degree enumerated in chapters 17, 18, 20 and 21 of Title 2C of the New Jersey Statutes; or
b. Crimes where the term of imprisonment that may be imposed does not exceed one year.
Source: N.J.S.2A:8-22.
L.1993,c.293,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-19 - Authority of municipal court judge prior to indictment; notice to county prosecutor

2B:12-19. Authority of municipal court judge prior to indictment; notice to county prosecutor
2B:12-19. Authority of municipal court judge prior to indictment; notice to county prosecutor. a. A municipal court has authority to conduct proceedings in a criminal case within its territorial jurisdiction prior to indictment subject to the Rules of Court.
b. A municipal court shall not discharge a person charged with an indictable offense without first giving the county prosecutor notice and an opportunity to be heard in the case.
Source: N.J.S.2A:8-23.
L.1993,c.293,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-20 - Municipal housing court; jurisdiction.

2B:12-20 Municipal housing court; jurisdiction.
2B:12-20. Municipal housing court; jurisdiction. A municipality in a county of the first class may establish, as a part of its municipal court, a full-time municipal housing court. Municipal housing courts shall have jurisdiction over actions for eviction involving property in the municipality which are transferred to the municipal housing court by the Special Civil Part of the Superior Court.
L.1993, c.119, s.1; amended 2003, c.295, s.29.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-21 - Officials authorized to act for court

2B:12-21. Officials authorized to act for court
2B:12-21. Officials authorized to act for court. a. An administrator or deputy administrator of a municipal court, authorized by a judge of that court, may exercise the power of the municipal court to administer oaths for complaints filed with the municipal court and to issue warrants and summonses.
b. A police officer in charge of a police station, other than an officer who participated in the arrest of the defendant, may exercise the power of the municipal court to administer oaths for complaints filed with the municipal court. Any police officer may issue summonses related to such complaints and may as authorized by the Rules of the Court issue a summons in lieu of an arrest for an offense committed in the officer's presence.
c. The authority of the municipal court to set conditions of pre-trial release may be exercised by an administrator or deputy administrator of a municipal court who is authorized by the judge of that court, or by any police officer in charge of a police station, other than an officer who participated in the arrest of the defendant. The authority may be exercised only in accordance with bail schedules promulgated by the Administrative Office of the Courts or by the municipal court.
d. Except as otherwise provided by the Rules of Court, a person charged with a non-indictable offense shall be released on summons or personal recognizance without unnecessary delay and within 12 hours after arrest unless a judge or court administrator has set the conditions for pretrial release and the conditions remain unmet.
e. A person acting for a municipal court by authority of this section shall immediately file the complaint, warrant, summons or recognizance which was the subject of the action with the municipal court.
Source: N.J.S.2A:8-27; N.J.S.2A:8-28.
L.1993,c.293,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-22 - Periodic service of imprisonment

2B:12-22. Periodic service of imprisonment
2B:12-22. Periodic service of imprisonment. A court may order that a sentence of imprisonment be served periodically on particular days, rather than consecutively. The person imprisoned shall be given credit for each day or fraction of a day to the nearest hour actually served.
Source: C.2A:8-30.1 (P.L.1969, c.146).
L.1993,c.293,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-23 - Default in payment of fine; community service

2B:12-23. Default in payment of fine; community service
2B:12-23. Default in payment of fine; community service. a. A person, sentenced by a municipal court to pay a fine, who defaults in payment may be ordered to perform community service in lieu of incarceration or other modification of the sentence with the person's consent. b. The county or municipal official in charge of the community service program shall report to the municipal court any failure of a person subject to a court work order to report for work or to perform the assigned work. Upon receipt of the report, the court may revoke its community service order and impose any sentence consistent with the original sentence.
L.1993, c.119, s.1; amended 1996, c.95, s.13.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-23.1 - Penalties payable in installments; alternative penalties.

2B:12-23.1 Penalties payable in installments; alternative penalties.
1. a. Notwithstanding any other provision of law to the contrary, if a municipal court finds that a person does not have the ability to pay a penalty in full on the date of the hearing or has failed to pay a previously imposed penalty, the court may order the person to perform community service in lieu of the payment of a penalty; or, order the payment of the penalty in installments for a period of time determined by the court. If a person defaults on any payment and a municipal court finds that the defendant does not have the ability to pay, the court may:
(1) reduce the penalty, suspend the penalty, or modify the installment plan;
(2) order that credit be given against the amount owed for each day of confinement, if the court finds that the person has served jail time for the default;
(3) revoke any unpaid portion of the penalty, if the court finds that the circumstances that warranted the imposition have changed or that it would be unjust to require payment;
(4) order the person to perform community service in lieu of payment of the penalty; or
(5) impose any other alternative permitted by law in lieu of payment of the penalty.
b. For the purposes of this section, "penalty" means any fine, statutorily-mandated assessment, surcharge or other financial penalty imposed by a municipal court, except restitution or a surcharge assessed pursuant to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2).
L.2009, c.317, s.1; amended 2013, c.255.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-24 - Costs charged to complainant in certain cases

2B:12-24. Costs charged to complainant in certain cases
2B:12-24. Costs charged to complainant in certain cases. In cases where the judge of a municipal court dismisses the complaint or acquits the defendant and finds that the charge was false and not made in good faith, the judge may order that the complaining witness pay the costs of court established by law.
Source: N.J.S.2A:8-32.
L.1993,c.293,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-25 - Records and standards for municipal courts

2B:12-25. Records and standards for municipal courts
2B:12-25. Records and standards for municipal courts. The Supreme Court may prescribe records to be maintained and reports to be filed by the municipal court and may promulgate standards for facilities and staff of municipal courts.
Source: New.
L.1993,c.293,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-26 - Docketing judgment

2B:12-26. Docketing judgment
2B:12-26. Docketing judgment. A judgment of a municipal court assessing a penalty, fine or restitution may be docketed in the Superior Court by the party recovering the judgment.
A judgment docketed in the Superior Court shall operate, from the time of the docketing, as though the judgment was obtained in an action originally commenced in the Superior Court.
After a judgment has been docketed in the Superior Court, the municipal court shall not issue an execution or hold proceedings in the case except that the municipal court may grant a new trial or process an appeal.
If a new trial is granted or an appeal taken after a judgment is docketed, the Superior Court shall not issue an execution on the judgment pending the final determination of the proceedings.
Source: C.2A:8-42, C.2A:8-43, C.2A:8-48, C.2A:8-51, C.2A:8-52, C.2A:8-53 (P.L.1968, c.460, ss. 1,2,7,10,11,12).
L.1993,c.293,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-27 - Employment of prosecutor by county, municipality.

2B:12-27 Employment of prosecutor by county, municipality.
14. The governing body of the county or municipality may employ an attorney-at-law as a prosecutor, under the supervision of the Attorney General or county prosecutor, who may represent the State, county or municipality in any matter within the jurisdiction of the central municipal court or any other municipal court in accordance with the provisions of P.L.1999, c.349 (C.2B:25-1 et al.).
L.1996,c.95,s.14; amended 1999, c.349, s.11.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-30.1 - Automated Traffic System Statewide Modernization Fund.

2B:12-30.1 Automated Traffic System Statewide Modernization Fund.
1. a. There is established in the General Fund a separate, non-lapsing, dedicated account to be known as the Automated Traffic System Statewide Modernization Fund.
b. Each fiscal year, the State Treasurer shall credit all revenues derived from the offender assessment authorized under subsection c. of N.J.S.22A:3-4 to the Automated Traffic System Statewide Modernization Fund established pursuant to subsection a. of this section.
c. Moneys in the Automated Traffic System Statewide Modernization Fund, including any interest accruing thereon, shall be utilized exclusively for the administration, operation and modernization of the Statewide Automated Traffic System.
L.2004,c.62,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-31 - Suspension of driving privileges.

2B:12-31 Suspension of driving privileges.
2B:12-31. Suspension of driving privileges.
a. (1) If a defendant charged with a disorderly persons offense, a petty disorderly persons offense, a violation of a municipal ordinance, or a violation of any other law of this State for which a penalty may be imposed fails to appear at any scheduled court proceeding after written notice has been given to said defendant pursuant to the Rules of Court, a municipal court may order the suspension of the person's driving privileges or nonresident reciprocity privilege or prohibit the person from receiving or obtaining driving privileges until the pending matter is adjudicated or otherwise disposed of, except by dismissal for failure of defendant to appear.
(2) If a defendant sentenced to pay a fine or costs, make restitution, perform community service, serve a term of probation, or do any other act as a condition of that sentence fails to do so, a municipal court may order the suspension of the person's driving privileges or nonresident reciprocity privilege or prohibit the person from receiving or obtaining driving privileges until the terms and conditions of the sentence have been performed or modified.
b. Prior to any action being taken pursuant to the provisions of this section, the defendant shall be given notice of the proposed action and afforded an opportunity to appear before the court to contest the validity of the proposed action.
c. The municipal court shall notify the New Jersey Motor Vehicle Commission of any action taken pursuant to the provisions of this section.
d. Any action taken by a municipal court pursuant to this section shall be in addition to any other remedies which are available to the court and in addition to any other penalties which may be imposed by the court.
e. (1) When a defendant whose license has been suspended pursuant to subsection a. of this section satisfies the requirements of that subsection, the municipal court shall forward to the New Jersey Motor Vehicle Commission a notice to restore the defendant's driving privileges.
(2) There shall be included in the fines and penalties imposed by a court on a defendant whose license has been suspended pursuant to subsection a. of this section, the following:
(a) A fee of $3.00 which shall be transferred to the New Jersey Motor Vehicle Commission;
(b) A penalty of $10.00 for the issuance of the failure to appear notice; and
(c) A penalty of $15.00 for the order of suspension of defendant's driving privileges.
repealed 2019, c.276, s.20; amended 2021, c.16, s.63.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-32 - Purging of records for violators of certain municipal ordinances.

2B:12-32 Purging of records for violators of certain municipal ordinances.
1. a. Upon a court ruling that a municipal ordinance is unconstitutional, or approving a settlement of a civil action contesting the constitutionality of a municipal ordinance and when the ruling is considered final because the time for appeal has expired:
(1) the municipality that enacted the ordinance and any judicial or law enforcement agency or agency in the criminal justice system that maintains a written or automated record or file concerning the subject of the order shall purge that record or file of all information identifying any person arrested, charged or convicted of violating the ordinance;
(2) the municipality shall notify any person arrested, charged or convicted of violating the ordinance that such record or file has been purged; and
(3) the municipality shall refund any fines, penalties or court costs paid by any person arrested, charged or convicted of violating the ordinance. The refund shall not be required in any case where, by settlement of a civil action contesting the constitutionality of the ordinance, the person has received or will receive monetary compensation in an amount equal to or greater than any fines, penalties or court costs the person paid.
b. Notwithstanding the provisions of any other law, purging of identifying information pursuant to this act shall not require any action by the defendant or the payment of any fee.
c. The Supreme Court of New Jersey may adopt rules and the Administrative Director of the Courts may issue directives and guidelines to be followed by municipal courts to implement the purposes of this act.
d. The Attorney General may issue any guidelines which may be necessary concerning procedures for law enforcement agencies or any agency in the criminal justice system for purging records or files of municipal ordinance violations as required by this act.
L.2000,c.108,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-33 - Application of act.

2B:12-33 Application of act.
2. a. This act shall apply to all rulings of unconstitutionality and all settlements dated on or after January 1, 1999.
b. In any case where a ruling of unconstitutionality or a settlement occurred on or after January 1, 1999 and prior to the enactment of this act, purging of identifying information pursuant to section 1 of this act shall be ordered by the court upon the ex parte application of any party.
L.2000,c.108,s.2.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-34 - Regional municipal court pilot program.

2B:12-34 Regional municipal court pilot program.
1. a. The Administrative Office of the Courts shall establish a regional municipal court pilot program in no fewer than two qualified counties and no fewer than five municipalities in each county. The pilot program shall take place only in municipalities and counties that apply to the Administrative Office of the Courts to participate. The Administrative Director of the Courts in consultation with the assignment judges shall select appropriate counties and municipalities from a list of those counties and municipalities that have applied for the program for the implementation of the program.
b. Any qualified county that has considered municipal court consolidation on a county-wide basis prior to the enactment of P.L.2021, c.191 (C.2B:12-34 et seq.) may submit that information to the Administrative Director of the Courts and that county shall be included in the pilot program.
c. To qualify for selection under this section, a county shall have a population of less than 300,000 and a population density of less than 500 people per square mile according to the 2010 decennial census. If one county in a multi-county vicinage qualifies, all the counties in the vicinage qualify. The population and population density figures set forth in subsection e. of N.J.S. 2B:12-1 shall not apply to any regional municipal court in any county participating in this pilot program, including any county included pursuant to subsection b. of this section.
L.2021, c.191, s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-35 - Jurisdiction of regional municipal court.

2B:12-35 Jurisdiction of regional municipal court.
2. A regional municipal court shall have jurisdiction over all matters falling within the jurisdiction of the municipal courts in the pilot program. All complaints issued in the county by the State Police or any Statewide law enforcement agency, or by any county law enforcement agency, any county code enforcement entity, or by any other non-municipal law enforcement agency, shall also fall within the jurisdiction of the regional municipal court, consistent with the provisions of N.J.S.2B:12-17 and N.J.S.2B:12-18.
L.2021, c.191, s.2.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-36 - Disposition of fines, costs collected.

2B:12-36 Disposition of fines, costs collected.
3. a. Notwithstanding any other law to the contrary, fines and costs collected by the regional municipal court shall be retained by the regional municipal court on a pro rata basis equal to the costs associated with management, administration, operation, judge and staff salaries, and technology for the regional municipal court. The remainder of the fines and costs collected by the regional municipal court shall be distributed in accordance with N.J.S.22A:3-4, R.S.39:5-40, R.S.39:5-41, and subsection c. of section 3 of P.L.1979, c.396 (C.2C:46-4).
b. A county participating in the pilot program may consider determining budgets for participating municipalities in that county by way of an assessment based on each participating municipality's equalized value as determined by the appropriate county board of taxation.
L.2021, c.191, s.3.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-37 - Judicial appointments.

2B:12-37 Judicial appointments.
4. Judicial appointments to the regional municipal court shall be made in accordance with the provisions of Article VI, Section VI, paragraph 1 of the State Constitution. Municipal court judges sitting in the municipal courts selected under section 1 of this act may be considered for appointment to the regional municipal court. The assignment judge of the vicinage shall have the authority to make a temporary appointment in the event of a vacancy.
L.2021, c.191, s.4.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:12-38 - Certain regional municipal courts to begin hearing cases.

2B:12-38 Certain regional municipal courts to begin hearing cases.
5. Any regional municipal court established in a county that is included in the pilot program pursuant to subsection b. of section 1 of P.L.2021, c.191 (C.2B:12-34), because that qualified county considered municipal court consolidation on a county-wide basis prior to the enactment of P.L.2021, c.191 (C.2B:12-34 et seq.) and submitted information on that previous consideration to the Administrative Director of the Courts, shall begin hearing cases no later than January 1, 2022, and any regional municipal court in any other qualified county selected by the Administrative Director of the Courts for the pilot program shall begin hearing cases no later than one year following enactment.
L.2021, c.191, s.5.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:13-1 - Establishment

2B:13-1. Establishment
2B:13-1. Establishment. a. A Tax Court is hereby established as a court of limited jurisdiction pursuant to Article VI, Section I, paragraph 1 of the New Jersey Constitution.
b. The Tax Court shall be a court of record and shall have a seal.
L.1993,c.74,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:13-2 - Jurisdiction

2B:13-2. Jurisdiction
2B:13-2. Jurisdiction. a. The Tax Court shall have jurisdiction to review actions or regulations with respect to a tax matter of the following:
(1) Any State agency or official;
(2) A county board of taxation;
(3) A county or municipal official.
b. The Tax Court shall have jurisdiction over actions cognizable in the Superior Court which raise issues as to which expertise in matters involving taxation is desirable, and which have been transferred to the Tax Court pursuant to the Rules of the Supreme Court.
c. The Tax Court shall have jurisdiction over any other matters as may be provided by statute.
d. The Tax Court jurisdiction shall include any powers that may be necessary to effectuate its decisions, judgments and orders.
L.1993,c.74,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:13-3 - Hearing and determination of cases; legal and equitable relief; practice and procedure; decisions

2B:13-3. Hearing and determination of cases; legal and equitable relief; practice and procedure; decisions
2B:13-3. Hearing and Determination of Cases; Legal and Equitable Relief; Practice and Procedure; Decisions. a. The Tax Court, in all causes within its jurisdiction, and subject to law, may grant legal and equitable relief so that all matters in controversy between the parties may be completely determined.
b. The Tax Court shall determine all issues of fact and of law de novo.
c. Practice and procedure in the Tax Court shall be as provided by the Rules of the Supreme Court.
d. Decisions of the Tax Court shall be published in the manner directed by the Supreme Court.
L.1993,c.74,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:13-5 - Locations; facilities

2B:13-5. Locations; facilities
2B:13-5. Locations; facilities. a. The Tax Court shall maintain permanent locations in Trenton and Newark and may hold sessions at other locations throughout the State.
b. The State shall provide courtrooms, chambers and offices for the Tax Court at the required permanent locations in Trenton and Newark and shall arrange for courtrooms, chambers and offices or other appropriate facilities at other locations throughout the State.
L.1993,c.74,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:13-6 - Judges; number; qualifications

2B:13-6. Judges; number; qualifications
2B:13-6. Judges; Number; Qualifications. a. The Tax Court shall consist of no less than six, nor more than 12 judges, each of whom shall exercise the powers of the court, subject to the Rules of the Supreme Court.
b. The judges of the Tax Court shall have been admitted to the practice of law in the State for at least 10 years prior to appointment and shall be chosen for their special qualifications, knowledge and experience in matters of taxation.
L.1993,c.74,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:13-7 - Term of office; retirement

2B:13-7. Term of office; retirement
2B:13-7. Term of Office; Retirement. a. The judges of the Tax Court shall hold their offices for initial terms of seven years and until their successors are appointed and qualified, and upon reappointment shall hold their offices during good behavior.
b. The judges of the Tax Court shall be retired upon attaining the age of 70 years, upon the same terms and conditions as judges of the Superior Court, and shall have the same pension rights and other benefits as judges of the Superior Court.
L.1993,c.74,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:13-8 - Compensation not to be reduced; prohibition against gainful employment

2B:13-8. Compensation not to be reduced; prohibition against gainful employment
2B:13-8. Compensation Not to be Reduced; Prohibition Against Gainful Employment. a. Each judge of the Tax Court shall receive annual compensation and other benefits equal to that of a judge of the Superior Court and which shall not be diminished during the term of appointment.
b. The judges of the Tax Court shall not engage in the practice of law or other gainful pursuit nor shall they hold other office or position of profit under this State, any other State or the United States.
L.1993,c.74,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:13-9 - Impeachment and removal; incapacity

2B:13-9. Impeachment and removal; incapacity
2B:13-9. Impeachment and Removal; Incapacity. a. The judges of the Tax Court shall be subject to impeachment, and upon impeachment shall not exercise judicial office until acquitted. The judges of the Tax Court shall also be subject to removal from office by the Supreme Court for the causes and in the manner as is provided by law for the removal of judges of the Superior Court.
b. Whenever the Supreme Court certifies to the Governor that a judge of the Tax Court appears to be substantially unable to perform the duties of office, the Governor shall appoint a commission of three persons to inquire into the circumstances. Upon the recommendation of the commission, the Governor may retire the judge from office, on pension, as may be provided by law.
L.1993,c.74,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:13-10 - Presiding judge

2B:13-10. Presiding judge
2B:13-10. Presiding Judge. The Chief Justice shall assign one of the judges of the Tax Court to be the presiding judge of the Tax Court. The presiding judge shall, subject to the supervision of the Chief Justice and the Administrative Director of the Courts, be responsible for the administration of the Tax Court.
L.1993,c.74,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:13-11 - Annual report

2B:13-11. Annual report
2B:13-11. Annual Report. The presiding judge shall submit a report to the Chief Justice of the Supreme Court annually. The report shall be published as part of the Annual Report of the Administrative Director of the Courts. The report shall contain information and statistics for the previous fiscal year concerning the operation of the Tax Court. The report may also contain recommendations by the presiding judge regarding the clarification or revision of legislation, rules and regulations relating to taxation, or the practice and procedure in the Tax Court.
L.1993,c.74,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:13-12 - Assignment of judges to other courts

2B:13-12. Assignment of judges to other courts
2B:13-12. Assignment of Judges to Other Courts. The Chief Justice may assign judges of the Tax Court to the Superior Court or to any other court as the need appears, and any judge so assigned shall exercise all of the powers of a judge of that court.
L.1993,c.74,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:13-13 - Clerk

2B:13-13. Clerk
2B:13-13. Clerk. The Supreme Court shall appoint to serve at its pleasure a Clerk and a Deputy Clerk of the Tax Court, neither of whom shall be subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes.
L.1993,c.74,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:13-14 - Small claims division jurisdiction

2B:13-14. Small claims division jurisdiction
2B:13-14. Small Claims Division Jurisdiction. The Tax Court shall have a Small Claims Division with jurisdiction in those classes of cases as may be provided by the Rules of the Supreme Court.
L.1993,c.74,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:13-15 - Conduct of hearing

2B:13-15. Conduct of hearing
2B:13-15. Conduct of Hearing. Hearings in the Small Claims Division shall be informal, and the judge may receive evidence as the judge deems appropriate for a determination of the case, except that all testimony shall be given under oath. A party may appear on the party's own behalf or by an attorney or by any other person as may be provided by the Rules of the Supreme Court.
L.1993,c.74,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:14-1 - Election of surrogates

2B:14-1. Election of surrogates
2B:14-1. Election of Surrogates. A Surrogate shall be elected to serve in each county for a five-year term commencing January 1 after election. The Surrogate shall be both the Judge and Clerk of the Surrogate's Court.
L.1999,c.70,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:14-2 - Bond of surrogates

2B:14-2. Bond of surrogates
2B:14-2. Bond of Surrogates. A county may require the Surrogate to enter into a faithful performance bond and may set the amount and terms of the bond. The bond, after approval by a judge of the Superior Court, shall be filed with the Secretary of State; a copy shall be filed with the clerk of the county governing body.
L.1999,c.70,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:14-3 - Salaries of surrogates.

2B:14-3 Salaries of surrogates.
2B:14-3. Salaries of Surrogates. The board of chosen freeholders in each county shall fix the Surrogate's annual salary by resolution in an amount equal to not less than sixty-five percent (65%) of the annual salary of a Judge of the Superior Court which shall not be diminished during the term of office or during any consecutive terms served by the Surrogate. Nothing in this section shall be construed to require that a surrogate whose annual salary exceeds the amount provided for herein shall be reduced, or that a board of chosen freeholders may not increase the salary of a surrogate in excess of the amount provided for herein.
L.1999, c.70, s.1; amended 2001, c.370, s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:14-4 - Disqualification; referral to assignment judge

2B:14-4. Disqualification; referral to assignment judge
2B:14-4. Disqualification; referral to Assignment Judge.
a. Neither the Surrogate nor any employee of the Surrogate's office may perform duties respecting a matter if the Surrogate is a fiduciary or has an interest in a matter.
b. When the Surrogate and employees are disqualified from performing their duties, the matter shall be referred to the Assignment Judge of the county for appropriate disposition.
L.1999,c.70,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:14-5 - Filling vacancy in surrogate's office

2B:14-5. Filling vacancy in surrogate's office
2B:14-5. Filling vacancy in Surrogate's office. If a Surrogate does not take office within 30 days after the end of the preceding term or a vacancy occurs in the office of Surrogate, the Governor, with advice and consent of the Senate, shall fill the vacancy from the political party of the person last elected to the office. The person appointed shall serve until election and qualification of a successor. Election of a successor for a five-year term shall occur at the next general election unless the vacancy occurs within 37 days before the election, in which case it shall occur at the second succeeding general election.
L.1999,c.70,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:14-6 - Recorded documents

2B:14-6. Recorded documents
2B:14-6. Recorded documents. The Surrogate shall record:
a. Orders and judgments of the Superior Court, Chancery Division, Probate Part;
b. Fiduciary bonds required by law;
c. Accounts of fiduciaries, disclaimers, revocations, renunciations and requests;
d. Wills proved before the Surrogate or the Superior Court, together with proofs;
e. Letters testamentary, of administration, of guardianship or of trusteeship issued by the Surrogate and relevant documents;
f. Receipts and releases given to fiduciaries; and
g. Other documents which the Surrogate is required by law to record.
L.1999,c.70,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:14-7 - Acknowledgment, proof

2B:14-7. Acknowledgment, proof
2B:14-7. Acknowledgment, proof. Receipts and releases shall be acknowledged or proved prior to recording. The acknowledgment or proof shall be recorded with the receipt or discharge by the Surrogate of:
a. The county which is issuing the relevant letters;
b. The county where the seller of real estate resides; or
c. The county where the trust-related property is located.
L.1999,c.70,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:14-9 - Filing

2B:14-9. Filing
2B:14-9. Filing. On the first Monday in January, April, July and October, annually, the Surrogate shall file with the Clerk of the Superior Court indexes of all wills proved before the Surrogate or the Superior Court and a report of all letters of administration granted in the previous three months.
L.1999,c.70,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:14-10 - Deputy surrogate; special deputy surrogate

2B:14-10. Deputy surrogate; special deputy surrogate
2B:14-10. Deputy Surrogate; Special Deputy Surrogate.
a. A Surrogate may appoint a Deputy Surrogate who shall serve at the pleasure of the Surrogate.
b. During the Surrogate's absence or disability or in the event of a vacancy in the office of Surrogate, the Deputy Surrogate shall exercise all powers and duties of the Surrogate's office.
c. A county may require that the Deputy Surrogate enter into a faithful performance bond and may set the amount and terms of the bond.
d. A Surrogate may appoint an employee to be Special Deputy Surrogate. The Special Deputy Surrogate shall serve at the pleasure of the Surrogate and, during absence or disability of the Surrogate and Deputy Surrogate or when there is both a vacancy in the Office of the Surrogate and no Deputy Surrogate, the Special Deputy Surrogate shall exercise all the powers and duties of the Surrogate.
L.1999,c.70,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:14-11 - Special probate clerk

2B:14-11. Special probate clerk
2B:14-11. Special Probate Clerk. A Surrogate may designate one or more employees to serve as Special Probate Clerk. A special probate clerk shall serve at the pleasure of the Surrogate and may exercise the same powers as the Surrogate in taking depositions of witnesses to wills, qualifications of executors and administrators, acceptance of trusteeships and guardianships, and oaths and affirmances.
L.1999,c.70,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:14-12 - Executive secretary; chief clerk

2B:14-12. Executive secretary; chief clerk
2B:14-12. Executive Secretary; Chief Clerk.
A Surrogate may, in his discretion, appoint an Executive Secretary and a Chief Clerk, both of whom shall serve at the pleasure of the surrogate.
L.1999,c.70,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:14-13 - Other employees' appointment; compensation

2B:14-13. Other employees' appointment; compensation
2B:14-13. Other Employees' Appointment; Compensation.
The Surrogate shall select and appoint the Deputy Surrogate, any special Deputy Surrogate, Executive Secretary, Chief Clerk and engage all other employees, who shall receive such compensation as shall be recommended by the Surrogate and approved by the county governing body.
L.1999,c.70,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:14-14 - Preparation of annual budget request by county surrogate.

2B:14-14 Preparation of annual budget request by county surrogate.
8. A county surrogate shall prepare the annual budget request for the office of the county surrogate pursuant to the requirements of section 3 of P.L.2015, c.249 (C.40A:4-45.45b).
L.2015, c.249, s.8.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:19-2 - Findings, declarations.

2B:19-2 Findings, declarations.
2. The Legislature finds and declares that:
a. The Judiciary routinely enters judgments and court orders setting forth assessments, surcharges, fines and restitution against litigants pursuant to statutory law.
b. The enforcement of court orders is crucial to ensure respect for the rule of law and credibility of the court process.
c. Despite monitoring of judgments and court orders by probation divisions and other segments of the Judiciary responsible for doing so, many orders are not complied with because there is a lack of central coordination, funding, automation, and control.
d. The Judiciary has successfully developed a hearing officer program in child support enforcement and a pilot criminal enforcement court project, which is in the process of being expanded, that have demonstrated significant increases in collections and compliance.
e. The Governor's Management Review Commission has reviewed the collections process in New Jersey and made recommendations supporting the establishment and funding of a Statewide comprehensive enforcement program operated by the Judiciary.
f. Upon passage of this act, the Supreme Court and the Chief Justice will establish a Statewide comprehensive enforcement program which will provide for the enforcement of court orders and oversee collection of court-ordered fines, assessments, surcharges and judgments in the civil, criminal and family divisions, the Tax Court and in municipal court as provided in section 6 of P.L.1995, c.9 (C.2B:19-6). The comprehensive enforcement program will provide for the collection of certain surcharges administratively imposed by the Division of Motor Vehicles as provided in section 6 of P.L.1995, c.9 (C.2B:19-6). The comprehensive enforcement program will utilize the child support hearing officer model and the pilot project criminal enforcement court model, supported by a Statewide automation system designed to increase collections, compliance and accountability.
L.1995, c.9, s.2; amended 1997, c.280, s.1; 2001, c.421, s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:19-3 - Comprehensive Enforcement Program Fund

2B:19-3. Comprehensive Enforcement Program Fund
3. There is established as a separate fund in the General Fund, to be administered by the Administrative Office of the Courts, a "Comprehensive Enforcement Program Fund." This fund shall be the depository for the deductions from collections and the enforced community service fees described in sections 4 and 5 of this act for the purpose of operating the comprehensive enforcement program, the computer system established pursuant to P.L.1992, c.169, enforced community service and any subsequent programs or methodologies employed to enforce collection of court ordered financial obligations.
L.1995,c.9,s.3.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:19-4 - Deduction of collections to fund program

2B:19-4. Deduction of collections to fund program
4. a. Subject to the approval of the Director of the Division of Budget and Accounting, the Administrative Office of the Courts is authorized to deduct an amount up to 25% of all moneys collected through the comprehensive enforcement program, except for victim restitution and for Victims of Crime Compensation Board assessments, for deposit in the "Comprehensive Enforcement Program Fund" established pursuant to section 3 of P.L.1995, c.9 (C.2B:19-3) to fund the comprehensive enforcement program, the CAPS computer system, enforced community service, and other programs employed to collect court ordered financial obligations. The Administrative Office of the Courts shall promulgate a schedule for the deduction of collections to be deposited in the "Comprehensive Enforcement Program Fund."
b. (Deleted by amendment, P.L.1997, c.280).
L.1995,c.9,s.4; amended 1997, c.280, s.2.