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New Jersey State Court System

Intro

Hi my name is Logan. I was born and raised in the state of New Jersey. Join me as I explore the New Jersey State court system.

Intro

Court Info

Court Info

The New Jersey State Court System is comprised of the municpal court, superior court, tax court, appeallate division of the superior court, and at the very top is the supreme court of the state of New Jersey.

Municipal Court

Municipal Court

Hears motor vehicle and minor criminal cases as well as county and municipal ordinance cases, approx 510 municipal court judges

Superior Court

Superior Court

Conducts criminal, civil, and family law cases and reviews decisions of municipal court, approx 460 judges

Tax Court

Hears cases involving tax laws, 12 judges

Appeallate Division of Supreme Court

Intermediate appeals court, reviews decisions of the trial tax and municipal courts, 32 judges

Appellate Division of Supreme Court

Supreme Court of New Jersey

Supreme Court

The court of last resort, reviews lower courts, 7 justices

Recovery Courts

Specialty Court

New Jersey has Recovery Courts aimed at addressing non violent crime related to drug and alcohol dependency. Through recovery courts defendants can get the help they need to break their addictions.

Research Methods

Research Methods

In creating this project I compiled information from a variety of sources including the officla New Jersey Rules of Court, news articicles, and NCSC Center for Jury Studies which were very helpful in my research. I also viewed oral arguments from a New Jersey Supreme Court case to get an inside look at the court system.

Sources

https://www.njcourts.gov/sites/default/files/forms/12246_guide_judicial_process.pdf

https://www.brennancenter.org/judicial-selection-map

https://amp.cnn.com/cnn/2020/05/28/us/nj-judge-removed-assault-trnd/index.html

https://www.njcourts.gov/attorneys/rules-of-court/removal-judges

https://www.njcourts.gov/sites/default/files/press-release/2006/10/pr061025b.pdf

https://supreme.justia.com/cases/federal/us/469/325/#tab-opinion-1955827

https://edlawcenter.org/litigation/abbott-v-burke/abbott-history.html

https://www.njcourts.gov/public/webcast-archive

McDonald Motors Corporation v. John J. Delaney Oral Arguemnts

To get an inside look at the court system I viewed oral arguemnts from a New Jersey Supreme Court case. In the video the attorneys were asked very specific questions by the justices which often referenced prior court proceedings. There was significant emphasis on the stipulated facts of the case, the duty of disclosure, and conflicts of interests. This video demonstrates the very specific and formal structure of court proceedings and the expectations of ettiqute in court.

Inside the Court

Famous State Court Facts

In this section I will discuss a well-known New Jersey state case (Abbott v. Burke), a case from New Jersey that made it to the Supreme Court (New Jersey v. T.L.O), and one of the most influential New Jersey judges.

Famous State Court Facts

Abbott v. Burke

Well-known Case

The Abbot cases have been dubbed the most significant decsions regarding equitable education since Brown v Board of Education. The Abbott rulings directed the implementation of various programs such as adequate K-12 funding, universal pre school, and supplemental at risk programs and funding.

New Jersey v. T.L.O

The Supreme Court of the United States made a significant ruling in New Jersey v. T. L. O. that established the criteria by which a public school official can search a student in a school setting without a search warrant and to what degree.

SCOTUS Case from NJ

Honorable Deborah T. Poritz

Influential NJ Judge

Honorable Deborah T. Poritz was a judge in New Jersey who played a key role in the development and reform of the state's court system.

Chief Justice Poritz became the first female chief justice of New Jersey when she was appointed to the bench by Governor Christine Todd Whitman in 1996. She started her legal career in the New Jersey Department of Law and Public Safety in 1977 after earning her law degree from the University of Pennsylvania Law School. In 1989, she was appointed Thomas H. Kean's chief counsel. After working in private practice from 1990 until 1994, Chief Justice Poritz was named attorney general by Governor Whitman.  She held this position up until being appointed to the Supreme Court. She was on the Supreme Court until she reached the mandatory retirement age of 70 in 2006. 

Major Contributions

Major Contributions

  • The drug court initiative moved from the pilot stage to a statewide program under the leadership of Chief Justice Poritz.
  • The courts have been consolidated under the direction of Chief Justice Poritz from 21 distinct county court systems with multiple courts and overlapping jurisdictions into a single statewide system made up of 15 vicinages housing the Superior Courts, the Tax Court, the Appellate Division, and the Supreme Court.
  • The chief justice also has received recognition for increasing the diversity of the Judiciary workforce.

Grand Jury

Grand Jury

New Jersey requires indictments for all felonies. The grand jury is comprised of 23 regular citizens. 12 jurors are required to indict.

Reform Effort

Reform Efforts

According to the NCSC Center for Jury Studies "In New Jersey, the Acting Attorney General issued a statewide directive addressing the practices for use-of-force investigations. Investigations of police use of force require conflicts inquiries into the prosecuting attorney’s office, a presumption of grand jury review when the use of force resulted in death or severe bodily injury, and a mechanism for administrative review if the investigation does not result in an indictment."

Judicial Selection

Judicial Selection

States select judges differently depending on both the level of state court and what type of judicial vacancy is being filled. Judges serve 7 year terms in NJ.

State Supreme Court Justice Selection

State SC Justice Selection

Filling Intirim Vacancy- governor nominates judicial candidiate, must be confirmed by majority of Senate

Filling Vacancy at End of Justice's Term- governor nominates judicial candidate, must be confirmed by majority of Sentate

Additional Terms- sitting judge may stand for same appointment process, reappointed justice serves a second term until mandatory retirement at age 70

Intermediate Appeallate Court Judge Selection

IntermediateAppeallate Court Judge Selection

Filling Intirim Vacancy- chief justice of the state SC appoints replacement judge from trial division of the superior court to the empty seat, serves a seven-year term

Filling Vacancy at End of Judge's Term- chief justice of the state SC appoints judge from trial division of the superior court to the empty seat, serves seven year term

Additional Terms- sitting judge approaching the end of their first term may stand for reappointment in the same appointment process

Trial Court Judge Selection

Trial Court Judge Selection

Filling Intirim Vacancy- governor nominates judicial candidate to the empty seat on the bench.after receiving list of candidates vetted and recommended by the judicial nominating commission (not required to select from list), must be confirmed by a majority vote of the state Senate.

Filling Vacancy at End of Judge’s Term- governor nominates judicial candidate to the empty seat on the bench after receiving list of candidates vetted and recommended by the judicial nominating commission (not required to select from list), must be confirmed by a majority vote of the state Senate.

Additional Terms- sitting judge approaching the end of her first term may stand for reappointment in the same appointment process

Age/Term Limits

Age/Term Limits

There is no limit on the number of terms a justice may serve but there is a mandatory retirement age of 70.

Judicial Removal

Judicial Removal

Rule 2:14 discusses the removal of judges in New Jersey

Institution of Proceedings

The removal of a judge can be instituted by the filing of a complaint with the Clerk of the Supreme Court. A complaint may be filed only by the Governor, or by either House of the Legislature acting by a majority of all its members, or by the Supreme Court on its own motion.

Institution of Proceedings

Order to Show Cause

Order to Show Cause

Next, the Supreme Court shall order the judge to show cause, as provided in the order, why the judge should not be removed from office and require the filing of an answer with the Clerk of the Supreme Court within 30 days after being served with a copy of the order and complaint. The proceedings shall be prosecuted by the Attorney General of New Jersey, the Attorney General's representative or by an attorney specially designated by the Supreme Court.

Conduct of Formal Proceedings

Conduct of Formal Proceedings

a.) At any formal proceeding the judge has the right to be represented by an attorney retained at the expense of the judge

b.) All formal proceedings shall be recorded by a qualified shorthand reporter, a video recording device, or a sound recording device. A copy of videotapes or transcripts of the formal proceeding shall be provided to the judge without charge.

New Jersey Superior Court Judge removed

News Story: NJ Superior Court judge removed

Judge John F. Russo who served in Ocean City was removed from his position after a complaint was filed in Agust 2018 by the Supreme Court of New Jersey. The complaint alleges four counts of misconduct. This included an instance of egregious questioning of a rape victim. Russo asked if the victim tried to prevent the assault by "block[ing] her body parts" or "[closing] her legs."

Conclusion

In conclusion, the New Jersey state judiciary system is multi faceted with an intreguing history of development and reform. I hope this presentation has been informational and thank you so much for joining me in my exploration of my home state's court system.

Conclusion

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