2014 Orientation & Introduction Flashcards by Wendy Torroni

Name the three branches of government and what they do?

Legislative - creates and votes on new laws
Executive - manages and directs
Judicial - decides cases according to law

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The two people who make up the Executive component in the MC are

MC judge and MC administrator

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The public defender is what branch of the govt?

Executive

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Everything we do in the MC must be found in these five forms of documents.

Statutes
Court rules
Directives
Case Law
Policy or procedures promulgated by the Superior Court of NJ

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Court Rules are rules created by

The Supreme Court

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R 7:8-8 requires all court proceedings to be recorded by sound recording equipment approved by the

AOC

kept for 5 years

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What is the sequence of court cases on the calendar as per court R 7:14-3 as of September 1, 2011?

1 request for adjournments
2 guilty pleas
3 pre-trial conference
4 uncontested motions
5 contested matters with atty
6 non-compliance with time payment issues
7 contested matters without atty
8 matters to be placed in the record

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Name of Judiciary Core Values:

Independence
Integrity
Fairness
Quality of Service

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What is the purpose of the Code of Conduct

Maintain Judicial independence
to ensure impartiality
to avoid impropriety and appearance of impropriety
to ensure public trust and confidence.

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How often does an employee file a report for continual outside employment?

Annually by January 15

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What does EEO/AA stand for?

Equal Employment Opportunity

Affirmative Action/Anti Discrimination

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The victim of sexual harassment does not have to be the person harassed but could be anyone affected by the offensive conduct (indirect or third party sexual harassment or sexual favoritism) T/F

True

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Name the two types of customers found in court?

Internal Customers

External customers

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Why is the court staff not permitted to give legal advice?

We must be neutral, impartial and must not engage in unauthorized practice of law

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What rule provides public records?

R 1:38

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The NJ Law Against Discrimination protects qualified individuals from discrimination based on these three categories of disabilities:

Physical Disabilities
non-physical disabilities
HIV or AIDS

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Under the ADA, who is responsible for helping an individual complete and file an accommodation report?

Court staff - ADA Coordinator

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Who do you report a work place violence incident to in the MC?

the court administrator

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What are the three views or lenses when referring to diversity?

Knowledge
Perspective
Experience

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Once appointed, how long is the MC judge’s term?

3 years

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The system of dividing the powers and duties of a government into different branches which is controlled by a system of checks and balances is known as

separation of powers

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No warrant without probable cause, right to bail, no excess bail, no excessive fines, no cruel and unusual punishment, speedy and public trial by impartial jury and grand jury on all crimes are all rights that are ensured by the ______

US Constitution

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Protection of private rights through regular administration according to prescribed rules, processes, and forms is called _______

Due Process

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The NJ Supreme Court is NJ highest court? T/F

True

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Name SEVEN required postings every municipal court must have

``` 1 Statewide Violations Bureau schedule 2 local violations bureau schedule 3 court seal 4 "welcome to NJ courts" 5 " MC of the state of NJ - your day in court' 6 Notice to the deaf and hard of hearing 7 EEO/AA posters ```

What three parts of the NJ rules of Court do we use/

Part I - general application Part III - criminal practices - indictable offenses Part VII - Municipal Courts - non-indictables

What is the definition of a Directive?

A requirement, usually providing procedural direction, promulgated by the Administrative Director of the Courts

What is Case Law?

Law that is created by the court not Legislature

_______ is the energy that fuels your thoughts, feelings, and actions based on the difference between your expectation sand your perceptions (our definition of reality) of a given situation

Attitude

Name the attitudes of these three types of people Spectator Critics Players

``` Spectator = Neutral Critic = negative Players = positive ```

Can a police officer determine probable cause?

yes on a UTT, SC and CDR1 when the officer is the complaining witness

types of charging documents

UTT PATS SC CDR1 CDR2 ECDR eticket

What are two forms of process?

summons and warrant

What do we call the initial court date that the defendant has to contact the court?

return date

A ticket is scheduled for court if

- the offense is not on the violation bureau schedule - a plea of not guilty is received - law enforcement checks court appearance required

Forms that need to me completed when guilty finding on a DWI?

IDRC | Notice of Conviction

Time limit to file an appeal is

20 days including holidays and weekends

To determine probable cause a person of reasonable caution finds

- that an offense has been committed and | that the person being accused committed the offense

What process is done when we determine probable cause?

Issue process

Before providing copies or allowing an individual to inspect a court file what should the court staff request?

the completion of the NJ judiciary records request form

What are the two parts of a charging document?

Complaint (top) | Form of process (bottom)(summons or warrant)

Who determines judicial Probable Cause

judge or | CA or Deputy CA IF authorized

What is an abstract?

a record of an individuals driving record

What types of violations cannot go on a special form of complaint?

Domestic violence indictable complaints DP/PDP related to indictable

the written statement of facts alleging that an offense has been committed and that the defendant committed it. the complaint should have

who, what, where, when and how

How many signatures are needed for an oath

How many signatures are needed for certification

What part of the CDR is completed when you accept a complaint

top

When referring to a special for of complaint NO BIRD stands for what/

``` NO Bail Indictable Related indictable Domestic Violence ```

Can you do a plea agreement on any of the following? 2c:35-10a(4) poss of marijuana or hashish 2C:35-10b under the influence of CDS 2C:36-2 Drug paraphernalia

When is service by ordinary mail the same as personal service

Only if the defendant contacts the courrt

What is simultaneous mailing and when is it perfected?

is when mail is sent certified and ordinary | perfected if ordinary mail is not returned or if cert mail is returned "unclaimed" or "refused'

Bail must be set no later than ___ after the arrest

12 hrs

Only the judge can issue a telephonic warrant. the Judge must sign the complaint within

48 hrs

a defendant must have bail hearing within

72 hrs

accept for filing means

to complete the complaint section of the complaint form

Indictable complaints must be transferred within

48 hrs

An alternative was to resolve disputes

mediation | Complementary Dispute Resolution

a mediator must complete --- hrs of training

one day is equal to how many hours of community service?

6 hrs

The statewide violations bureau schedule includes every state statute T/F

False only the non-indictable state payable violations

How many month supply of UTT should be ordered at one time/

3 months

Name the four ticket control reports

tickets assigned but not issued Tickets issued but not assigned Tickets void/spoiled ticket delete report

A ticket that is signed my be voided or dismissed T/F

False - signed tickets must be dismissed

If a parking ticket is contested, the officer that issued the ticket must be there T/F

False a contested parking ticket has prima facia - or face value of the ticket is sufficient information for the judge

What are the SIX title 39 violations that should be entered as moving but are mistakenly entered as parking tickets

39: 3-4 failure to register 39: 4-53 leaving vehicle with engine running 39: 4-56.1 Willfully casing a vehicle to become disabled; abandonment of vehicle on a public hwy 39: 4-56.5 Abandonment of MV 39: 4-56.6 Abandonment of MV on private property 39: 8-1 Failure to inspect MV

The standard policy for data entry of local police traffic tickets s how many days from issuance?

4 days

The standard policy for data entry of state police traffic tickets is how many days from issuance?

7 days

Unless otherwise specific in bail schedule 2 10% bail may be posted on any municipal court matter T/F

True

The bail registry is maintained by

The clerk of the Superior Court

When bail is refunded, what should you mark on the recognizance?

The date of discharged

all out of town bail should be processed in ?

ATS

What is to be accessed before a bail bond is accepted, to determine if the bonding company is in good standing/

Bail Bond Registry

What is the purpose of Bail?

To insure that the defendant will appear at every stage of the proceedings

What are the steps that should be taken when processing unidentified money?

- Make a copy of the check or MO - enter the payment using Misc payment in ACR with GE code - Attach payment envelope and copy of check to daily general account journal

Monies collected by the MC should be deposited within how many hours

48 hrs

When are manual receipts used?

If ATC/ACS is down | when posting traffic bail

What are the two types of bonds/insurance policies used to protect MC personnel?

Individual Bond and Blanket bond

Public Defender fees, public record request fees and unidentified monies should be processed in _______

Criminal (ACS) misc payment screen

What code should be used when entering an over payment in ATS

MC may charge defendants a bad check fee and a contempt fee T/F

False

During the proceeding of a court session, it is acceptable to take payment on the bench. T/F

False no payment sin the court room appearance of impropriety

r.7:14-4(e) states that disbursements shall be made by the ___ of each month

15th

The coordination and creation of court events so that cases move to disposition in a timely process is called

Case Management

When does case management begin?

When complaint is issued

All active cases over ______ days from issue date are said to be in ___________

60 days/backlog

In case Management, when does the clock stop?

DISP TPAY CLOS DSUS RSUS WARR | TRAN to 0089 only

In case management, when does the clock never stop?

HELD RSTR TRAF RWAR EWAR | TRAN to other than 0089

According to R. 3:28-8(a) if the applicant of an appeal is found indigent, the court shall order the transcript of the proceedings furnished by whose expense?

the county if violation is a statute | the municipality if violation is an ordinance

What are the positions of the microphones for court proceedings?

1 judge 2 Witness 3 Prosecutor 4 Defendant

What is the responsibility of the Judge during court session?

- responsible for the record - maintain order - announce the start of the session - Place an opening statement on the record - Call each case by name - Have everyone identify themselves (atty, witness, PO) - remind participants to speak clearly

What are the responsibilities of the sound recording operator during court session?

-Recording of proceedings - communicate with the judge -Test equipment - maintain log listen for delayed recording on FTR Monitor the record

How do you perform a test of the sound recording equipment?

Walk to each microphone Tap each microphone Identify location Playback test ( to ensure recording properly)

``` What do the following mean DEX XEX RDEX RCEX ```

DEX Direct examination XEX cross examination RDEX redirect examination RCEX re-cross examination

A check for a transcript deposits are made out to the court and deposited into the general account. T/F

False. | check made out directly to the transcript company

What do the following stand for? | JMC AOC CMCA PJMC UTT MVC ATS ACS

Judge of MC Admin of the court Certified MC Admin Presiding Judge MC Uniform Traffic Ticket Motor Vehicle Comm Automated traffic System Automated Criminal System

Prosecutor must provide discovery

10 days

Reciprocate for discovery

20 days

Time for adjournments

14 days

Return date for tickets

5 days

Complaint must be served

30 days

Tickets closed out ____ days after FTA

30 days

Complaint must be dismissed if not served

45 days

DWI must be adjudicated

60 days

Goal for all cases to be disposed

60 days

Parking tickets with follow up incomplete must be dismissed with in

3 years