2014 Orientation & Introduction Flashcards
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
The two people who make up the Executive component in the MC are
MC judge and MC administrator
The public defender is what branch of the govt?
Executive
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
Court Rules are rules created by
The Supreme Court
R 7:8-8 requires all court proceedings to be recorded by sound recording equipment approved by the
AOC
kept for 5 years
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
Name of Judiciary Core Values:
Independence
Integrity
Fairness
Quality of Service
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.
How often does an employee file a report for continual outside employment?
Annually by January 15
What does EEO/AA stand for?
Equal Employment Opportunity
Affirmative Action/Anti Discrimination
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
Name the two types of customers found in court?
Internal Customers
External customers
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
What rule provides public records?
R 1:38
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
Under the ADA, who is responsible for helping an individual complete and file an accommodation report?
Court staff - ADA Coordinator
Who do you report a work place violence incident to in the MC?
the court administrator
What are the three views or lenses when referring to diversity?
Knowledge
Perspective
Experience
Once appointed, how long is the MC judge’s term?
3 years
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
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
Protection of private rights through regular administration according to prescribed rules, processes, and forms is called _______
Due Process
The NJ Supreme Court is NJ highest court? T/F
True
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
2
How many signatures are needed for certification
1
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
NO
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
18
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
OP
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
