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2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:24-1 - Findings, declarations relative to municipal public defenders

2B:24-1 Findings, declarations relative to municipal public defenders
1. The Legislature finds and declares:
a. Municipal public defenders are a critical component of New Jersey's system for the administration of justice and the effective, fair and equal representation of the poor.
b. As the New Jersey Supreme Court stated in Rodriguez v. Rosenblatt, 58 N.J.281 (1971), "as a matter of simple justice, no indigent defendant should be subjected to a conviction entailing imprisonment in fact or other consequence of magnitude without first having had due and fair opportunity to have counsel assigned without cost."
c. The appointment of municipal public defenders increases the efficiency and effectiveness of the system and the professionalism of the municipal courts.
d. Not all municipalities employ municipal public defenders, and in order to ensure the uniform and proper administration of justice, it is essential to require the appointment of municipal public defenders by each municipal government in the State.
L.1997,c.256,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:24-2 - Definitions relative to municipal public defenders

2B:24-2 Definitions relative to municipal public defenders
2. As used in this act:
"Indigent defendant" means a person who is entitled to be represented by a municipal public defender pursuant to this act, and does not have the present financial ability to secure competent legal representation, as determined by section 9 of this act.
"Municipal court" means a municipal, central or joint municipal court established pursuant to N.J.S.2B:12-1.
"Municipal public defender" means a person, as defined in section 4 of this act, appointed to represent indigent defendants in proceedings over which the municipal court has jurisdiction.
L.1997,c.256,s.2.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:24-3 - Appointment of municipal public defenders, chief municipal public defender

2B:24-3 Appointment of municipal public defenders, chief municipal public defender
3. Each municipal court in this State shall have at least one municipal public defender appointed by the governing body of the municipality in accordance with applicable laws, ordinances and resolutions. Any municipal court with two or more municipal public defenders shall have a "chief municipal public defender" who shall be appointed by the governing body of the municipality. The chief municipal public defender of a joint municipal court shall be appointed upon the concurrence of the governing bodies of each municipality. The chief municipal public defender shall have authority over other municipal public defenders serving that court with respect to the performance of their duties.
L.1997,c.256,s.3.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:24-4 - Requirements for municipal public defenders

2B:24-4 Requirements for municipal public defenders
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, 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 the Rules of Court Governing the Conduct of Lawyers, Judges and Court Personnel.
L.1997,c.256,s.4.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:24-5 - Compensation of municipal public defender

2B:24-5 Compensation of municipal public defender
5. A municipal public defender shall receive compensation, either on an hourly, per diem, annual or other basis as the municipality may provide. In the case of a joint municipal court, participating municipalities, by similar ordinances, shall enter into an agreement fixing the compensation of the municipal public defender and providing for payment. The compensation of a municipal public defender for services rendered pursuant to the provisions of this act shall be in lieu of any and all other compensation by the municipality. The ordinance, resolution or agreement setting compensation shall set forth any additional compensation to be paid for interlocutory appeals in the Superior Court.
L.1997,c.256,s.5.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:24-6 - Duties of municipal public defender

2B:24-6 Duties of municipal public defender
6. a. It shall be the duty of the municipal public defender to represent, except in the case of temporary unavailability or conflict of interest, any defendant charged with an offense in municipal court who is an indigent municipal defendant entitled to representation pursuant to this act. All necessary services and facilities of representation, including both expert and lay investigation and testimony as well as other preparations, shall be provided in every case. The municipality shall be responsible for payment for services pursuant to this section. The factors of need and real value to a defendant may be weighed against the financial constraints of the municipality in determining the necessary services and facilities of representation. The final determination as to necessity for services required pursuant to this section shall be made by the court.
b. A municipal public defender shall be responsible for handling all phases of the defense, including but not limited to discovery, pretrial and post-trial hearings, motions, removals to federal district court and other collateral functions reasonably related to the defense. As used in this subsection, "post-trial hearing" shall not include de novo appeals in Superior Court.
c. Nothing in this section shall be deemed to require a municipality to pay for expert and lay investigation or testimony for a period of one year after the effective date of P.L.1997, c.256 (C.2B:24-1 et seq.).
L.1997,c.256,s.6.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:24-7 - Representation of indigent defendants

2B:24-7 Representation of indigent defendants
7. a. The municipal public defender shall represent an indigent defendant charged in municipal court with a crime as specified in N.J.S.2B:12-18 or, if in the opinion of the municipal court there is a likelihood that the defendant, if convicted, of any other offense will be subject to imprisonment or other consequence of magnitude, the municipal public defender shall represent an indigent defendant.
b. If there is a vacancy in the office of municipal public defender, if the municipal public defender is temporarily unavailable or if a finding of conflict of interest precludes the municipal public defender from representing an indigent defendant, the municipal prosecutor may prosecute the offense if the municipal court appoints a qualified attorney to represent the indigent defendant. Unless rates are otherwise established by the municipality, the attorney shall be entitled to compensation at the same rate as attorneys hired by the Office of the Public Defender in conflict cases, with payment to be made within 30 days. Once appointed, the attorney shall carry out all duties of the municipal public defender in connection with the case that is the subject of the appointment.
L.1997,c.256,s.7.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:24-8 - Communications protected under attorney-client privilege

2B:24-8 Communications protected under attorney-client privilege
8. All communications between the indigent defendant and the municipal public defender or any other attorney appointed to act as a municipal public defender shall be fully protected by the attorney-client privilege to the same extent and degree as though counsel has been privately engaged. This shall not preclude the use by the municipal public defender of privileged material for the preparation and disclosure of statistical, case study and other sociological data, provided that in any such use there shall be no disclosure of the identity of or means for discovery of the identity of particular defendants.
L.1997,c.256,s.8.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:24-9 - Eligibility for services of municipal public defender

2B:24-9 Eligibility for services of municipal public defender
9. Eligibility for services of the municipal public defender shall be determined by the municipal court on the basis of the need of the defendant, except as provided in section 11 of this act. Need shall be measured according to section 14 of P.L.1967, c.43 (C.2A:158A-14) and guidelines promulgated by the New Jersey Supreme Court.
In the event that a determination of eligibility cannot be made before the time when the first services are to be rendered, or if an initial determination is found to be erroneous, the municipal court shall refer the defendant to the municipal public defender provisionally, and if subsequently it is determined that the defendant is ineligible the municipal court shall inform the defendant, and the defendant shall be obliged to engage his own counsel and to reimburse the municipality for the cost of the services rendered to that time.
L.1997,c.256,s.9.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:24-10 - Investigation of financial status of defendant

2B:24-10 Investigation of financial status of defendant
10. The municipal court shall make an investigation of the financial status of each defendant seeking representation pursuant to this act and shall have the authority to require a defendant to execute and deliver written requests or authorizations required under applicable law to provide the court with access to records of public or private sources, otherwise confidential, as may be of aid in evaluating eligibility. The court is authorized to obtain information from any public record office of the State or of any subdivision or agency thereof on request and without payment of the fees ordinarily required by law.
L.1997,c.256,s.10.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:24-11 - Eligibility of defendant under 18 years of age

2B:24-11 Eligibility of defendant under 18 years of age
11. Whenever a person entitled to representation by a municipal public defender pursuant to this act, is under the age of 18 years, the eligibility for services shall be determined on the basis of the financial circumstances of the individual and the financial circumstances of the individual's parents or legal guardians. The municipality shall be entitled to recover the cost of legal services from the parents or legal guardians as provided in section 16 of this act and the municipal court shall have authority to require parents or legal guardians to execute and deliver the written requests or authorization required under applicable law in order to provide the court with access to records of public or private sources, otherwise confidential, as may be of aid to it in evaluating eligibility.
L.1997,c.256,s.11.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:24-12 - Reimbursement to municipality

2B:24-12 Reimbursement to municipality
12. If the defendant has or reasonably expects to have means to meet some part, though not all, of the cost of the services rendered, the defendant shall be required to reimburse the municipality, either by a single payment or in installments in such amounts as he can reasonably be expected to pay; but no default or failure in making payment shall affect or reduce the rendering of services.
L.1997,c.256,s.12.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:24-13 - Lien on property of defendant

2B:24-13 Lien on property of defendant
13. a. A municipality shall have a lien on any property to which the defendant shall have or acquire an interest for an amount equal to the reasonable value of the services rendered to a defendant pursuant to this act as calculated at the same rate as the Office of the Public Defender bills clients at that time.
b. To effectuate such a lien for the municipality, the municipal attorney shall file a notice setting forth services rendered to the defendant and the reasonable value thereof with the Clerk of the Superior Court. The filing of the notice with the Clerk of the Superior Court shall constitute a lien on property for a period of 10 years from the date of filing, unless discharged sooner, and, except for such time limitations, shall have the force and effect of a judgment. Within 10 days of the filing of the notice, the municipal attorney shall send by certified mail, or serve personally, a copy of the notice with a statement of the date of the filing to or upon the defendant at the defendant's last known address. If the municipal attorney shall fail to give notice, the lien is void.
L.1997,c.256,s.13.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:24-14 - Compromise, settlement of claims

2B:24-14 Compromise, settlement of claims
14. The municipal attorney is authorized to compromise and settle any claim for services performed pursuant to this act whenever the financial circumstances of the person receiving the services are such that, in the judgment of the municipal attorney, the best interest of the State will be served by compromise and settlement.
L.1997,c.256,s.14.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:24-15 - Books for recording liens

2B:24-15 Books for recording liens
15. The Clerk of the Superior Court shall provide separate books for the recording of liens established pursuant to section 13 of this act, which books shall be properly indexed in the name of the judgment debtor. The municipal attorney shall not be required to pay filing or recording fees.
L.1997,c.256,s.15.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:24-16 - Collection of money due municipality

2B:24-16 Collection of money due municipality
16. The municipal attorney in the name of the municipality may do all things necessary to collect any money due to the municipality by way of reimbursement for services rendered by a municipal public defender pursuant to this act. The municipal attorney may enter into arrangements with any State or county agency to handle collections on a cost basis. The municipal attorney shall have all the remedies and proceedings available for collection which are available for or upon the recovery of a judgment in a civil action and shall also be permitted to collect counsel fees and costs from the defendant for such collection action so that the same are not borne by the municipality.
L.1997,c.256,s.16.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:24-17 - Application fee, waiver; deposit in dedicated fund

2B:24-17 Application fee, waiver; deposit in dedicated fund
17. a. A municipality may require by ordinance a person applying for representation by a municipal public defender or court approved counsel to pay an application fee of not more than $200.00, but only in an amount necessary to pay the costs of municipal public defender services. In accordance with guidelines promulgated by the Supreme Court, the municipal court may waive any required application fee, in whole or in part, only if the court determines, in its discretion, upon a clear and convincing showing by the applicant that the application fee represents an unreasonable burden on the person seeking representation. The municipal court may permit a person to pay the application fee over a specific period of time not to exceed four months.
b. Funds collected pursuant to subsection a. of this section shall be deposited in a dedicated fund administered by the chief financial officer of the municipality or in the case of a joint municipal court in a manner agreed to by the constituent municipalities. Such funds shall be used exclusively to meet the costs incurred in providing the services of a municipal public defender including, when required, expert and lay investigation and testimony.
c. Beginning in 1999, if it is determined by the Division of Local Government Services during its annual review of a municipal budget that the amount of money in a dedicated fund established pursuant to this section exceeds by more than 25% the amount which the municipality expended during the prior year providing the services of a municipal public defender, the amount in excess of the amount expended shall be forwarded to the Criminal Disposition and Review Collection Fund administered by Victims of Crime Compensation Board.
L.1997,c.256,s.17.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:25-1 - Findings, declarations relative to municipal prosecutors.

2B:25-1 Findings, declarations relative to municipal prosecutors.
1. The Legislature finds and declares that municipal prosecutors are a critical component of New Jersey's system for the administration of justice, that the role of municipal prosecutor is not statutorily defined, and that in order to ensure the uniform and proper administration of justice in this State, it is necessary to define the duties of municipal prosecutors.
L.1999,c.349,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:25-2 - Definitions relative to municipal prosecutors.

2B:25-2 Definitions relative to municipal prosecutors.
2. As used in this act:
a. "Municipal prosecutor" means a person appointed to prosecute all offenses over which the municipal court has jurisdiction.
b. "Governing body" of a county or municipality means the officer or body that is the appropriate appointing authority for county counsel, municipal attorney or corporation counsel under the laws applicable to the form of county or municipal government established in the county or municipality pursuant to law, provided that the municipal corporation counsel shall be the appointing authority in any city of the first class with a population greater than 270,000, according to the latest federal decennial census and in any 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.
c. "Municipal court" means any municipal or joint municipal or central municipal court established pursuant to statute.
d. "Attorney General" includes the Attorney General of New Jersey and any assistants or deputies who may be designated to carry out the responsibilities conferred on the Attorney General by this act or the laws of this State.
e. "County prosecutor" shall mean the prosecutor of the county in which the municipal court is situated and any assistant prosecutors of that county who may be designated by this act.
L.1999,c.349,s.2.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:25-3 - Exemptions for municipal prosecutor currently serving.

2B:25-3 Exemptions for municipal prosecutor currently serving.
3. Any person serving as a municipal prosecutor on the effective date of this act shall be exempt from its requirements for a period of either one year or for the expiration of his or her current term of office, whichever is shorter, except that the provisions of the act pertaining to supersession (section 7) and removal (section 9) shall be in full force on the effective date of this act.
L.1999,c.349,s.3.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:25-5 - Duties of municipal prosecutor; use of special counsel, private attorneys.

2B:25-5 Duties of municipal prosecutor; use of special counsel, private attorneys.
5. a. A municipal prosecutor, except as provided by subsection b. of this section and sections 6 and 7 of this act, shall represent the State, the county or the municipality in the prosecution of all offenses within the statutory jurisdiction of the municipal court as defined by law; including municipal ordinance and municipal code violations pertaining to zoning, land or property use regulation, property maintenance, building or construction. Such other local officials as may be deemed appropriate may be called by the municipal prosecutor in such prosecutions. Nothing contained herein shall prohibit a municipality from hiring special counsel to act as municipal prosecutor for these types of offenses. A municipal prosecutor shall be responsible for handling all phases of the prosecution of an offense, including but not limited to discovery, pretrial and post-trial hearings, motions, dismissals, removals to Federal District Court and other collateral functions authorized to be performed by the municipal prosecutor by law or Rule of Court. As used in this subsection, the term "post-trial hearing" shall not include de novo appeals in Superior Court.
b. A municipal prosecutor may, with the approval of the court and pursuant to the Rules of Court, authorize private attorneys to prosecute citizen complaints filed in the municipal court. A municipal prosecutor may, with the approval of the court, decline to participate in municipal court proceedings in which the defendant is not represented by counsel. The court shall afford the citizen complainant an opportunity to be heard prior to determining whether to approve a municipal prosecutor's decision to authorize a private attorney to prosecute a citizen complaint or to decline to participate in a municipal court proceeding in which the defendant is not represented by counsel. When the municipal prosecutor declines to prosecute, the prevailing complainant may make an application to the court for counsel fee reimbursement to be paid out of applicable fines, but such reimbursement shall not exceed the amount of the applicable fines. Upon a finding that a conflict of interest precludes a municipal prosecutor from participating in a proceeding, the court shall excuse the municipal prosecutor and may, in such a case, request the county prosecutor to provide representation in accordance with section 6 of this act unless the municipality has provided for alternative representation.
c. A municipal prosecutor may at any time move before the municipal court to amend or dismiss any complaint for good cause shown in accordance with the Rules of Court.
L.1999,c.349,s.5; amended 2000,c.178,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:25-5.1 - Municipal prosecutors, review of motor vehicle abstracts of certain offenders for repeat offenses; transmission to judge.

2B:25-5.1 Municipal prosecutors, review of motor vehicle abstracts of certain offenders for repeat offenses; transmission to judge.
1. Whenever a person is charged with a violation of R.S.39:3-40, R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a) or R.S.39:4-129, a municipal prosecutor shall contact the New Jersey Motor Vehicle Commission by electronic or other means, for the purpose of obtaining an abstract of the person's driving record. In every such case, the prosecutor shall:
a. Determine, on the basis of the record, if the person shall be charged with enhanced penalties as a repeat offender; and
b. Transmit the abstract to the appropriate municipal court judge prior to the imposition of sentence.
L.2004,c.95,s.1; amended 2004,c.185,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:25-6 - Vacancies, filling, alternative representation.

2B:25-6 Vacancies, filling, alternative representation.
6. a. Appointments to fill vacancies in the position of municipal prosecutor shall be made in accordance with the provisions of section 4 of this act as soon as practicable.
b. Unless the municipality has provided for alternative representation, the Attorney General or the county prosecutor, with notice to the Attorney General, may designate, at the request of the municipal prosecutor or municipal court, one or more assistant or deputy attorneys general or assistant prosecutors to prosecute the business of any municipal court if there is a vacancy in the office of the municipal prosecutor or the municipal prosecutor is temporarily unavailable and the municipal prosecutor or the municipal court has requested such designation.
L.1999,c.349,s.6.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:25-7 - Supersedure by Attorney General, county prosecutor.

2B:25-7 Supersedure by Attorney General, county prosecutor.
7. Whenever in the opinion of the Attorney General or a county prosecutor the public interest of the State will be promoted by so doing, the Attorney General or county prosecutor, with notice to the Attorney General, may supersede a municipal prosecutor by prosecuting any offense against the laws of this State within the jurisdiction of a municipal court, or by intervening in any prosecution before a municipal court.
L.1999,c.349,s.7.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:25-8 - Reimbursement to Attorney General, county prosecutor.

2B:25-8 Reimbursement to Attorney General, county prosecutor.
8. Whenever the Attorney General or county prosecutor shall prosecute in a municipal court of this State pursuant to section 6 of this act, the Attorney General or county prosecutor shall, upon demand, be promptly reimbursed by the county, municipality or municipalities for costs, including the compensation of any assistants or deputies attorney general or assistant prosecutors.
L.1999,c.349,s.8.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:25-9 - Removal from office, procedure.

2B:25-9 Removal from office, procedure.
9. In addition to any of the other means provided by law for the removal from office of a public official, a municipal prosecutor may be removed by the governing body of a county or municipality, or as provided by the agreement entered into between two or more municipalities participating in a joint municipal court, for good cause shown and after a public hearing, and upon due notice and an opportunity to be heard.
L.1999,c.349,s.9.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:25-10 - Training programs, certification.

2B:25-10 Training programs, certification.
10. a. (1) The Attorney General, in consultation with the county and municipal prosecutors, shall develop curricula for training programs for all municipal prosecutors which shall include, but not be limited to, domestic violence training and include topics regarding the dynamics of domestic violence, the impact of domestic violence on children, the impact of trauma on survivors, risks for lethality in domestic violence cases, offenders accountability, safety planning and services for survivors of domestic violence, the impact of racial bias and discrimination on survivors and marginalized communities.
(2) Participation in such training programs shall be voluntary, except that participation in the domestic violence training program shall be mandatory. An attorney successfully completing a training program shall receive such certification or recognition as deemed appropriate by the Attorney General.
b. The domestic violence training course and curriculum shall be reviewed at least every two years and modified by the Division of Criminal Justice from time to time as need may require.
The Attorney General shall be responsible for ensuring that all new municipal prosecutors appointed after the effective date of P.L.2021, c.378 who have not previously served as a municipal prosecutor for a municipality attend an initial domestic violence training within 90 days of appointment or transfer and annual in-service training of at least four hours as described in paragraph (3) of subsection b. of section 4 of P.L. 1991, c.261 (C.2C:25-20). The training shall not be required for any municipal prosecutor who was appointed to that office prior to the effective date of P.L.2021, c.378 who is subsequently re-appointed to that office or appointed as a municipal prosecutor for another municipality after that effective date.
L.1999,c.349,s.10; amended 2021, c.378.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:25-11 - Acceptance of plea to lesser offense.

2B:25-11 Acceptance of plea to lesser offense.
2. a. In accordance with the Rules of Court adopted by the Supreme Court of New Jersey or procedures promulgated by the Administrative Office of the Courts, a municipal prosecutor may recommend to the court to accept a plea to a lesser or other offense.
b. (1) The Administrative Office of the Courts has developed and shall administer a Municipal Case Resolution Program that would allow a defendant charged with a matter falling within the jurisdiction of the municipal court to engage in online:
(a) plea negotiations with a municipal prosecutor;
(b) entry of a guilty plea; and
(c) payment of a fine or penalty.
(2) A municipal prosecutor shall use the Municipal Case Resolution Program developed by the Administrative Office of the Courts.
c. Nothing in this section shall be construed to alter or limit the authority or discretion of the Supreme Court to regulate the practice of plea agreements in municipal court, or to alter or limit the authority or discretion of a prosecutor.
L.2000,c.75,s.2; amended 2021, c.293.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:25-12 - Motion to amend original charge.

2B:25-12 Motion to amend original charge.
3. In accordance with the Rules of Court adopted by the Supreme Court of New Jersey, a municipal prosecutor may move before the municipal court to amend the original charge.
L.2000,c.75,s.3.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:50-1 - Action for replevin

2B:50-1. Action for replevin
2B:50-1. Action for Replevin. A person seeking recovery of goods wrongly held by another may bring an action for replevin in the Superior Court. If the person establishes the cause of action, the court shall enter an order granting possession.
Source: N.J.S.2A:59-3.
L.1995,c.263,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:50-2 - Temporary relief; on notice

2B:50-2. Temporary relief; on notice
2B:50-2. Temporary Relief; On Notice. If the court, after notice and hearing, and based upon filed papers and testimony, if any, finds a probability of final judgment for the plaintiff, it may, prior to final judgment:
a. grant possession of the goods to the plaintiff; or
b. order other just relief.
Source: New.
L.1995,c.263,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:50-3 - Temporary relief; without notice

2B:50-3. Temporary relief; without notice
2B:50-3. Temporary Relief; Without Notice. In an extraordinary case if, before notice and hearing, the court finds from specific facts in an affidavit or verified complaint that the plaintiff is entitled to possession and that an immediate order is necessary to prevent removal of, or irreparable damage to, the goods, the court without notice, may:
a. direct a person authorized by the court to remove the goods from the party in possession and hold them pending a hearing; or
b. order necessary temporary restraints to preserve the goods pending a hearing.
Source: New.
L.1995,c.263,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:50-4 - Security

2B:50-4. Security
2B:50-4. Security. As part of an order that determines who shall hold the goods pending judgment, the court may further order the holder to give security.
Source: N.J.S.2A:59-5, 2A:59-6.
L.1995,c.263,s.1.
2023 New Jersey Revised Statutes › Title 2B - Court Organization and Civil Code › Section 2B:50-5 - Unrelinquished property

2B:50-5. Unrelinquished property
2B:50-5. Unrelinquished property. If the court orders a person to relinquish goods and the person does not relinquish them, the court shall enter an order in aid of execution, or if the plaintiff so requests, assess damages.
Source: N.J.S.2A:59-4.
L.1995,c.263,s.1.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:1-2 - Purposes; principles of construction

2C:1-2. Purposes; principles of construction
a. The general purposes of the provisions governing the definition of offenses are:
(1) To forbid, prevent, and condemn conduct that unjustifiably and inexcusably inflicts or threatens serious harm to individual or public interests;
(2) To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the rehabilitation of those convicted, and their confinement when required in the interests of public protection;
(3) To subject to public control persons whose conduct indicates that they are disposed to commit offenses;
(4) To give fair warning of the nature of the conduct proscribed and of the sentences authorized upon conviction;
(5) To differentiate on reasonable grounds between serious and minor offenses; and
(6) To define adequately the act and mental state which constitute each offense, and limit the condemnation of conduct as criminal when it is without fault.
b. The general purposes of the provisions governing the sentencing of offenders are:
(1) To prevent and condemn the commission of offenses;
(2) To promote the correction and rehabilitation of offenders;
(3) To insure the public safety by preventing the commission of offenses through the deterrent influence of sentences imposed and the confinement of offenders when required in the interest of public protection;
(4) To safeguard offenders against excessive, disproportionate or arbitrary punishment;
(5) To give fair warning of the nature of the sentences that may be imposed on conviction of an offense;
(6) To differentiate among offenders with a view to a just individualization in their treatment;
(7) To advance the use of generally accepted scientific methods and knowledge in sentencing offenders; and
(8) To promote restitution to victims.
c. The provisions of the code shall be construed according to the fair import of their terms but when the language is susceptible of differing constructions it shall be interpreted to further the general purposes stated in this section and the special purposes of the particular provision involved. The discretionary powers conferred by the code shall be exercised in accordance with the criteria stated in the code and, insofar as such criteria are not decisive, to further the general purposes stated in this section.
d. Nothing contained in this code shall limit the right of a defendant and, subject only to the Federal and State constitutions, the right of the State to appeal or seek leave to appeal pursuant to law and Rules of Court.
L.1978, c.95; amended 1979,c.178,s.2; 1991,c.329,s.1.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:1-4 - Classes of offenses

2C:1-4. Classes of offenses
2C:1-4. Classes of Offenses.
a. (1) An offense defined by this code or by any other statute of this State, for which a sentence of imprisonment in excess of 6 months is authorized, constitutes a crime within the meaning of the Constitution of this State. Crimes are designated in this code as being of the first, second, third or fourth degree.
(2) An offense defined by the laws of any other jurisdiction, for which a sentence of imprisonment in excess of one year is authorized, shall be considered in this State to be a crime when a reference is made by this code, or by any other statute of this State, to such offense.
b. (1) An offense is a disorderly persons offense if it is so designated in this code or in a statute other than this code. An offense is a petty disorderly persons offense if it is so designated in this code or in a statute other than this code. Disorderly persons offenses and petty disorderly persons offenses are petty offenses and are not crimes within the meaning of the Constitution of this State. There shall be no right to indictment by a grand jury nor any right to trial by jury on such offenses. Conviction of such offenses shall not give rise to any disability or legal disadvantage based on conviction of a crime.
(2) (a) An offense defined by the laws of any other jurisdiction, for which a sentence of imprisonment of one year or less, but more than 30 days, is authorized, shall be considered in this State to be a disorderly persons offense when a reference is made by this code, or by any other statute of this State, to such offense.
(b) An offense defined by the laws of any other jurisdiction, for which a sentence of imprisonment of 30 days or less is authorized, shall be considered in this State to be a petty disorderly persons offense when a reference is made by this code, or by any other statute of this State, to such offense.
c. An offense defined by any statute of this State other than this code shall be classified as provided in this section or in section 2C:43-1 and, except as provided in subsection b. of 2C:1-5 and chapter 43, the sentence that may be imposed upon conviction thereof shall hereafter be governed by this code. Insofar as any provision of this State outside the code declares an offense to be a misdemeanor when such offense specifically provides a maximum penalty of 6 months' imprisonment or less, whether or not in combination with a fine, such provision shall constitute a disorderly persons offense.
d. Subject to the provisions of section 2C:43-1, reference in any statute, rule, or regulation of this State outside the code to the term "high misdemeanor" shall mean crimes of the first, second, or third degree and reference to the term "misdemeanor" shall mean all crimes.
L.1978, c. 95, s. 2C:1-4, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 3, eff. Sept. 1, 1979; L.1981, c. 290, s. 1, eff. Sept. 24, 1981; 2021, c.298, s.1.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:1-4.1 - Crime, disorderly persons offense, petty disorderly persons offense, construing out-of-State conviction.

2C:1-4.1 Crime, disorderly persons offense, petty disorderly persons offense, construing out-of-State conviction.
3. When a provision in Title 2C of the New Jersey Statutes, any other statute, rule, regulation, or ordinance of this State, or any certification or application form promulgated thereunder, refers to a conviction of "a similar crime in another state," a conviction under the laws of "any other state or the United States," a conviction under the laws of "any other jurisdiction," or contains similar phrasing referring to a conviction of a criminal offense outside this State, the conviction shall be construed in this State as a crime, disorderly persons offense, or petty disorderly persons offense, as set forth in paragraph (2) of subsection a. of N.J.S.2C:1-4, paragraph (2) of subsection b. of N.J.S.2C:1-4, and subsection c. of N.J.S.2C:44-4.
L.2021, c.298, s.3.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:1-5 - Abolition of common law crimes; all offenses defined by statute; application of general provisions of the code; limitation of local government laws

2C:1-5. Abolition of common law crimes; all offenses defined by statute; application of general provisions of the code; limitation of local government laws
a. Common law crimes are abolished and no conduct constitutes an offense unless the offense is defined by this code or another statute of this State.
b. The provisions of subtitle 1 of the code are applicable to offenses defined by other statutes. The provisions of subtitle 3 are applicable to offenses defined by other statutes but the maximum penalties applicable to such offenses, if specifically provided in the statute defining such offenses, shall be as provided therein, rather than as provided in this code, except that if the non-code offense is a misdemeanor with a maximum penalty of more than 18 months imprisonment, the provisions of section 2C:43-1b shall apply.
c. This section does not affect the power to punish for contempt, either summarily or after indictment, or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.
d. Notwithstanding any other provision of law, the local governmental units of this State may neither enact nor enforce any ordinance or other local law or regulation conflicting with, or preempted by, any provision of this code or with any policy of this State expressed by this code, whether that policy be expressed by inclusion of a provision in the code or by exclusion of that subject from the code.
L.1978, c. 95, s. 2C:1-5, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 4, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:1-8 - Method of prosecution when conduct constitutes more than one offense

2C:1-8. Method of prosecution when conduct constitutes more than one offense
Method of Prosecution When Conduct Constitutes More Than One Offense.
a. Prosecution for multiple offenses; limitation on convictions. When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one offense if:
(1) One offense is included in the other, as defined in subsection d. of this section;
(2) One offense consists only of a conspiracy or other form of preparation to commit the other;
(3) Inconsistent findings of fact are required to establish the commission of the offenses; or
(4) The offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct. The provisions of this paragraph (4) of subsection a. of this section or any other provision of law notwithstanding, no State tax offense defined in Title 54 of the Revised Statutes or Title 54A of the New Jersey Statutes, as amended and supplemented, shall be construed to preclude a prosecution for any offense defined in this code.
A determination barring multiple convictions shall be made by the court after verdict or finding of guilt.
b. Limitation on separate trials for multiple offenses. Except as provided in subsection c. of this section, a defendant shall not be subject to separate trials for multiple criminal offenses based on the same conduct or arising from the same episode, if such offenses are known to the appropriate prosecuting officer at the time of the commencement of the first trial and are within the jurisdiction and venue of a single court.
c. Authority of court to order separate trials. When a defendant is charged with two or more criminal offenses based on the same conduct or arising from the same episode, the court may order any such charges to be tried separately in accordance with the Rules of Court.
d. Conviction of included offense permitted. A defendant may be convicted of an offense included in an offense charged whether or not the included offense is an indictable offense. An offense is so included when:
(1) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or
(2) It consists of an attempt or conspiracy to commit the offense charged or to commit an offense otherwise included therein; or
(3) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interest or a lesser kind of culpability suffices to establish its commission.
e. Submission of included offense to jury. The court shall not charge the jury with respect to an included offense unless there is a rational basis for a verdict convicting the defendant of the included offense.
L.1978, c.95; amended by L. 1979, c. 178, s. 6; 1981, c. 290, s. 2; 1987, c. 76, s. 30.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:1-9 - When prosecution barred by former prosecution for the same offense

2C:1-9. When prosecution barred by former prosecution for the same offense
A prosecution of a defendant for a violation of the same provision of the statutes based upon the same facts as a former prosecution is barred by such former prosecution under the following circumstances:
a. The former prosecution resulted in an acquittal by a finding of not guilty by the trier of fact or in a determination that there was insufficient evidence to warrant a conviction. A finding of guilty of a lesser included offense is an acquittal of the greater inclusive offense, although the conviction is subsequently set aside.
b. The former prosecution was terminated, after the complaint had been filed or the indictment found, by a final order or judgment for the defendant, which has not been set aside, reversed, or vacated and which necessarily required a determination inconsistent with a fact or a legal proposition that must be established for conviction of the offense. This subsection shall not apply to an order or judgment quashing an indictment prior to trial.
c. The former prosecution resulted in a conviction. There is a conviction if the prosecution resulted in a judgment of conviction which has not been reversed or vacated, a verdict of guilty which has not been set aside and which is capable of supporting a judgment, or a plea of guilty accepted by the court. In the latter two cases failure to enter judgment must be for a reason other than a motion of the defendant.
d. The former prosecution was improperly terminated. Except as provided in this subsection, there is an improper termination of a prosecution if the termination is for reasons not amounting to an acquittal, and it takes place after the jury was impaneled and sworn or, in a trial before a court without a jury, after the first witness was sworn but before findings were rendered by the trier of facts. Termination under any of the following circumstances is not improper:
(1) The defendant consents to the termination or waives, by motion to dismiss or otherwise, his right to object to the termination.
(2) The trial court finds that the termination is necessary because of the failure of the jury to agree upon a verdict after a reasonable time for deliberation has been allowed.
(3) The trial court finds that the termination is required by a sufficient legal reason and a manifest or absolute or overriding necessity.
L.1978, c. 95, s. 2C:1-9, eff. Sept. 1, 1979.