2014 Advanced Flashcards
The municipal court is established under which 2B?
2B:12-1
Any Court Administrator or Deputy of a MC may exercise the power of the court to administer oaths for complaints filed with the MC and issue warrants and summons, T/F
False
Only when authorized
By statute, ever MC must have a Court Administrator. T/F
True
2B:12-10
Which 2B is the Certification of Municipal Court Administrators?
2B:12-11
How does a Joint Municipal Court differ from a shared Municipal Court?
Joint is like a marriage - two or more merge into ONE court, same name same bank account and user ID’s
Shared - living together - two or more municipalities share the same facility, identities remain the same, separate bank accts and user ID’s. May appoint separate Judges and CA
According to R1:34-2, MC admin shall be responsible to and under the supervision of whom?
MC Judge
Assignment judge
Admin Director of the courts
How many cannons are there in the Code of Conduct for Judiciary Employees?
8 cannons
If a court session is expected to extend past midnight, approval is need from whom?
the Assignment Judge
Name two types of jurisdiction
Territorial and subject matter
What is territorial Jurisdiction?
Jurisdiction cases in a limited geographical region
What is Subject Matter Jurisdiction?
Offenses specified by legislation to be heard in the MC
MC is known as what type of jurisdiction?
limited Jurisdiction
Offenses are determined by Indictable, DP or PDP by what condition?
Jail term
New law in 2006 regarding offenses with serious bodily injury/death, states that cases must be forwarded to what court?
Superior Court
Name the exception regarding Territorial Jurisdiction when filing a complaint.
Domestic Violence
What is state v Paserchia deal with?
State Law supersedes local ordinances
Name penalty enforcement agencies (6)
weights and measures certain fish and game certain SPCA bus safety compliance clean diesel fuel act MV inspection
what is the term called when a state statute supersedes a local ordinance?
preemption
What type of Juvenile cases can be heard in the MC?
title 39 power vessels Curfew violations Smoking Truancy
A MC judge has limited territorial jurisdiction. T/F
True
as of January 5, 2006. the maximum fine a municipality may impose for a first time violation of a municipal ordinance is $2,000 T/F
True
What is Express Authority?
Written in Law
What are the six types of subject matter? (heard in MC)
DP/PDP county or Municipal Ordinance MV and traffic laws Boating Fish and Game Penalty enforcement Actions
Court costs can not exceed
$33
What confidential personal identifiers must be redacted before release? (6)
SS number DL number Vehicle License plate number Insurance policy Active financial account numbers active credit card numbers
According to R.1:38, any records involving children are open to the public T/F
False
What is issue process?
To make a determination of probable cause and issue the complaint by means of a summons or warrant
Name three ways a complaint may be served.
- personal service
- ordinary mail
- simultaneous mailing
An application to Establish Indigency must be completed for what?
Public Defender and Tpays
Traffic Matter are eligible for dismissal after ________
days if they remain unserved without postal verification or proof of mail at the address that is provided by the prosecutor or complaining witness.
45 days
Who may issue a subpoena?
- Judicial Officer
- Attny in the name of the Court Administrator
- Law enforcement officer
- Other authorized person
A subpoena may require the production of books, paper, documents, electronically stored information or other items on the date of the scheduled court appearance is called what type of subpoena?
Subpoena to produce documents or electronically stored information
Was Subpoena Duces Takem
A Subpoena may be served where and by whom?
Any person within the State of NJ
A person over the age of 18
A person who receives a subpoena and fails to appear for court may be subject to a contempt of court. T/F
true
After service of a subpoena, the person serving the subpoena shall do what?
promptly file a copy of the subpoena and proof of service with the court
Do you have to reissue subpoenas every time the case is rescheduled for court?
No
A Court Administrator can issue a subpoena for internet records as long as the case is being heard in the MC. T/F
False
Public Defender Fees should be placed on a time payment order if a defendant cannot pay the entire fee assessed. T/F
False
As a general rule, the records of the MC are open to public inspection, subject to exclusions specified in the confidentiality of court record rule 1:38. T/F
False
If a complaining witness does not have the defendants name, the court may refuse to take the complaint. T/F
False - must accept all complaints for filing
The court expenditures of DWI & POAA funds require pre-approval from ?
Memo 5/18/2009 - requires pre-approval of the assignment Judge
How many versions are there for the Complaint Information Form (when filling out a private citizen complaint)?
Two - non-domestic violence and Domestic violence
Rule 7:2-1(b) states “the municipal court administrator or deputy court administrator shall accept for filing every complaint by any person” T/F
True
The Court Administrator or Deputy can accept for filing and may issue a complaint if the complaining witness is 15 years of age. T/F
True
What is probable cause?
a set of facts that would lead a person of reasonable caution to believe that an offense has been committed and that the person being accused committed the offense
What is Consequences of Magnitude?
- any sentence with imprisonment
- any period of loss of Drivers license
- any money sanction over $750 ($800)
A summons made by a code enforcement officer charging any offense within the scope of their authority and territorial jurisdiction may be issued without a finding by judicial officer of probable cause of issuance. T/F
True
Can an indictable and a non-indictable offense be on the same CDR?
yes but only in specific cased involving DV
What is an emancipated minor?
A person under the age of 18 who is or has been married, entered military service, has a child or is pregnant or has bee n previous declared by a court or administrative agency to be emancipated
What is a TRO?
Temporary restraining order granting emergency relief for the protection of a victim under the Prevention of Domestic Violence Act (PDVA)
The oath or certification portion is considered part of the complaint portion of a charging document? T/F
True
When a MCJ issues a telephonic warrant the applicant shall deliver to the Judge either in person or via fax, the signed CDR-2 and supporting affidavit within ____ hrs
48 hrs
Name the offense which require a mandatory warrant R.3:3-1(c)(1) - there are 11
- Murder
- Kidnapping
- Aggravated manslaughter, manslaughter
- Robbery
- Aggravated Sexual assault, Sexual assault, sexual contact and aggravated sexual contact
- 2nd degree aggravated assault
- Aggravate arson, arson
- Burglary
- 1st or 2nd degree drug crimes
- Any crime involving poss of firearm
- Any conspiracy or attempts of the above listed offenses
A Summons rather than a Warrant shall be issued unless a judicial officer finds: R.7;2-2(b) There are 6
- Previous FTA
- Danger to self and others, and/or property
- Other outstanding warrants
- No known address
- Defendant cannot be satisfactorily identified
- Other reasons to believe the defendant will FTA
What are the factors to consider when setting bail? R.3:26-1, R.7;4-1 There are 8
- Seriousness of the crime
- Defendant’s criminal record or previous record of bail
- Defendant’s reputation and mental condition
- Length of residence in community
- Family ties and relationships
- Employment status and financial condition
- Responsible people who will vouch for the defendant
- Any other factors indicating mode of life, ties to the community or bearing on whether defendant will fail to appear and general policy against unnecessary detention.
All Civilian cases may be referred to mediation if the judge so orders. T/F
False not if any of the following applies: serious injury, repeated acts of violence between parties, clearly emotionally disturbed individuals, If parties have actions in superior court, matters arising from Prevention of DV Act, Title 39, penalty enforcement actions.
When referring to domestic violence, a victim is defined as :
1 an adult or emancipated minor subject to DV by spouse or former spouse, past or present household member
2. regardless of age, subject to DV by a person with whom they have/expecting a child with or have a dating relationship with
When referring to DV, a victim may apply for “relief” where?
Where the act allegedly occurred
Where the defendant resides
Where the victim resides
Where the victim is sheltered
If a DV victim goes to TOWN A for relief but the offense occurred in TOWN B, which town is responsible for determining probable cause and setting bail if the victim DOES NOT want a TRO?
TOWN B
Where the offense occurred
If a DV victim goes to TOWN a for relief but the offense occurred in TOWN B, which town is responsible for determining probable cause and setting bail if the victim DOES want a TRO?
TOWN A
Victim’s safety is the concern
May a domestic Violence defendant be under the age of 18?
Only when emancipated
A person convicted of an act of Domestic Violence shall be subject to a surcharge of what amount?
$100
What are the procedures and guidelines for the use of a temporary DL? there are 6
- retain in a secure location
- temporary DL is approved judge
- expiration date is completed in letters and numbers to avoid alteration
- Max 6 hrs
- signed by judge only
- Permit number is entered on back of ticket and on disposition screen.
Bail directive #9-05 states that MC use which bail schedule?
Bail Schedule 2
All indictable charges must be on a warrant T/F
False
A person who has been sentenced to one day in jail can serve this time in the court room if the judge orders? T/F
False
Court is not confinement
All Judges must review a current Certified Driver Abstract from MVC before sentencing a defendant to 12:7-46, boating while intoxicated. T/F
True
Directive 10-04
What corrections can court staff make on a UTT?
R.1:13-1 clerical mistakes
DL number, DL exp, State of DL, Spelling of def name, insert middle initial, Def DOB, Def eye code, Def sex
What is the proper method to correct clerical errors on UTT?
use red ink, draw line through incorrect item, place correct info above or next to the error, date and initial correction
What errors shall the court NOT correct?
changing statue or ordinance number date of offense missing statue number time of offense officer signature location of offense
Name two types of charging documents used for traffic.
UTT and Special form of complaint
Misuse of MVC access is a 4th degree crime. T/F
True
Per Directive #02-08, a UTT may be voided in what circumstances?
Lost, superseded, Spoiled, Incomplete
If a MC employee has any personal involvement in any MC case anywhere in the state, unless the matter is disposed of without any court appearance by paying through the violations bureau, that employee must immediately advise his or her Municipal Division Manager in writing. T/F and name directive
True
Directive #03-08
When a case has been adjudicated, bail is returned to?
The surety
When a defendant is release on his/her own recognizance, what is the monetary amount of bail used?
none - zero
When cash bail is collected, what must be filled out?
Bail recognizance form and a numbered receipt
When a bail has been forfeited, how many days does the surety have to present the defendant to court for reinstatement?
75 days
No attorney at law, sheriff, sheriff’s deputy or other person concerned in the execution of process shall post bail in any action? T/F
True
2A:15-45
Bail can be placed on a CDR-1 if the MC Judge feels it is necessary? T/F
False
A bail receipt is the same as a bail recognizance for T/F
False
Per Directive #09-05 only the judge can approve a monetary amount of bail to be set when defendant is being ROR. T/F
False - no monetary amount
What is the amount of the filing fee when posting indictable bail?
$30
More than one person can post bail for a defendant on the same charge T/F
True, but must use multiple bail recog forms
If more than one person posts bail for a defendant on the same charge, one bail recognizance is completed. T/F
False - A separate recog for each surety
According to directive #2-10, what penalties cannot be suspended?
RT- Restitution
UF - MVC surcharges for 39:4-97.2
ATM machines may be located in the building by the courtroom for the convenience of the defendants. T/F
False - shows we are only looking for the money
Which case states that the MC is “Separate and Independent”
Calligy c City of Hoboken
DWI retention
15 years DWI
Financial Retention
7 years for financial
Criminal Retention
6 years for criminal
Traffic retention
traffic 3 years with exceptions
Sound recording retention
5 years for sound recordings
Expungement retention
Permanent retention on expungements
Court docket book retention
Permanent retention on court docket books
Municipal prosecutor and public defenders salary should be added to the personnel cost of the municipal budget request T/F
False
Name the 6 items priority list of emergency procedures
-docket new cases
- process and deposit monies
- perform post-court duties
- forward indicatable complaints to Prosecutor
establish court calendar
Carry-out routine procedures (FTAs, warrants, etc)
The Supreme Court may authorize the exchange of information otherwise excluded from public access when the benefit such disclosure out weighs the need for confidentiality. T/F
True
State v Dangerfield
(No respect)
use a special form of complaint
Rodriguez v Rosenblatt
Public defender is available if an indigent defendant is facing consequences of magnitude
State v Ruotolo
Judicial probable cause needed on warrants
State v Debonis
indigent defendant is eligible for time payment
State v Johnson
right to bail
State v Buczkowski
complaint must be served within 30 days
