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Though New Jersey has one of the largest state
populations in America, its court system is quite simple in structure.
The state court system includes municipal courts,
a Tax Court, state Superior Court (including trial courts) an
Appellate Division, and the
New Jersey Supreme Court, the top appellate court in the state.
Supreme Court of New Jersey
New Jersey’s
Supreme Court is composed of a chief justice (presently
Stuart Rabner) and six
associate justices. Each justice is appointed by the governor and
confirmed by the state Senate for an initial term of seven years. If
reappointed after the initial term, they are granted tenure and can
serve until they reach the mandatory retirement age of 70.
The chief justice also serves as administrative
head of the New Jersey court system, overseeing the management of all
state courts.
Appeals may be made to the Supreme Court if there
is a split decision in the Appellate Division of Superior Court, or if
a substantial constitutional issue is raised by the case. Death
penalty cases are automatically appealed directly to the Supreme Court
from the trial court in which the sentence was handed down. The
Supreme Court may also hear other cases as it chooses. The Supreme
Court also has exclusive authority over the regulation of the practice
of law in New Jersey, sets the terms for admission to the state bar
and regulates the professional conduct of attorneys.
The court hears arguments in the Richard J.
Hughes Justice Complex in the state capital of Trenton.
Supreme Court oral arguments can be heard via
Webcast, and the Rutgers Newark Law School maintains an
archive of Supreme Court Webcasts. Reports of
Supreme Court opinions can be found online, as well.
New Jersey's Appellate Court Division
The
Appellate Division of Superior Court is New Jersey’s intermediate
appellate court. It is comprised of 33 judges who sit in two- and
three-judge panels chosen from “parts” of four or five judges.
Each Appellate Division part is administered by a
presiding judge; presently Edwin H. Stern is the court’s presiding
judge for administration. The chambers of Appellate Division judges
are located in Atlantic City, Hackensack, Jersey City Morristown, New
Brunswick, Springfield, Trenton, West Long branch and Westmont.
Arguments are heard in courtrooms located in Atlantic City, Elizabeth,
Hackensack, Morristown, Newark and Trenton.
Appellate Division judges hear appeals from Trial
Court, Tax Court and state administrative agencies. The division
decides about 7,000 appeals and an additional 7,500 motions annually.
The
court’s standards of review are available in PDF format.
Some appeals are not decided after courtroom
hearings. The Civil Appeals Settlement Program is designed to identify
early in the process appeals that might possibly be settled without
further courtroom appearances. “Sentencing Calendars” also have been
created, initially to dispose with appeals in which the sole contended
issue is the severity of sentence imposed, and has been expanded to
include some other sentencing issues, though the scope of Sentencing
Calendars remain quite narrow.
NJ Appellate Division calendars are maintained online, and appeals
can be
filed electronically. A list of
Appellate Division notices to the bar also is maintained online.
New Jersey Trial Courts
Civil, criminal and family court cases are
initially heard in
New Jersey’s trial courts. Criminal cases include those of a more
serious nature, such as assault, theft, robbery, fraud and murder.
About 50,000 criminal cases are heard in New Jersey’s
Criminal Division of Superior Court each year.
Most civil cases heard in Superior Court involve
disputes in which a plaintiff seeks monetary damages or compensation
from a defendant. Cases in which the amount in controversy exceeds
$15,000 are heard in the
Civil Division of Superior Court. Cases in which the amount sought
ranges from $3,000 to $15,000 are heard in the Special Civil Part of
the Civil Division. Those disputes valued at less than $3,000 are also
heard there, but are considered “small claims” cases.
Civil cases in which monetary damages are not
being sought are heard in the General Equity Division of Superior
Court. Judges there handle non-injury cases such as those involving
trade secrets, labor disputes, foreclosures and other matters in which
court relief, often in the form of a restraining order, is sought on
an emergency basis.
Family law cases, such as those involving
divorce, domestic violence, juvenile delinquency, child support,
foster care placements and termination of parental rights are heard in
the
Family Division of Superior Court. About 350,000 such cases are
heard annually.
A specialized team of judges, court staff,
attorneys and probation officers work in New Jersey’s
Adult Drug Court. A branch of the
Criminal Division, drug courts deal with nonviolent drug offenders
in hopes of reducing criminal activity and fostering rehabilitation.
New Jersey Tax Court
New Jersey’s Tax Court is a venue with limited jurisdiction. Tax
Court judges hear appeals of tax decisions made by county boards of
taxation. They also hear appeals on decisions handed down by the
director of the Division of Taxation on such matters as state income,
sales and business taxes, and homestead tax rebates.
Appeals of the Tax Court decisions can reach the
Appellate Division of Superior Court.
Tax Court judges are appointed by the governor
for initial terms of seven years, and can be reappointed with tenure
to serve until age 70, in the same manner as Supreme Court justices.
Tax Court rules are available online.
New Jersey Municipal Court
A majority of New Jersey residents who find
themselves in court, find themselves in
Municipal Court. It is here, in a court of fairly limited
jurisdiction, that most traffic and parking tickets are resolved,
minor criminal offenses (misdemeanors such as simple assault or
worthless checks), municipal ordinance offenses (such as animal or
building code violations) and other misdeeds such as fish and game law
violations are heard.
A Municipal Court has jurisdiction only over
cases that occur within the boundaries of its municipality.
While the cases will not be heard in Municipal
Court, oftentimes serious criminal offenses including robbery and auto
theft might start out as Municipal Court complaints, though they are
soon transferred to
Superior Court.
Court building addresses and contact information are available
online. Traffic law violators can often
pay their tickets online without going to court. |