AOC old sample test questions Flashcards
The Judge must sign A failure to appear notice B proposed suspension notice C drivers license suspension notice D All of the above
C
DL Suspension
What is true of the Appeal Process?
A. There is no time limit as to the time which you must file an Appeal
B. Entering appeal information in the ATS case notes is sufficient notice to the MVC
C. The Judge can stay the sentence at the time of conviction pending defendants decision and the judge’s approval to file an appeal
D. non of the above
E. All of the Above
D
Non of the above
Discovery on Traffic offenses should be provided:
A. for all Traffic offenses
B. by the Court Administrator
C. By the Municipal Court Judge
D. by the private or Municipal Prosecutor
D
by the prosecutor
R7:14-4 sates that; monies received by a court as fines and forfeitures, together with the financial reports covering such funds, shall be forwarded by the court on or before the \_\_\_\_\_ day of the month? A. 10th B. 15th C. 20th D. 30th
B
15th
What is the purpose of Bail?
A. insure that funds are available for payment of fines and costs
B. serves as preventive detention for uncooperative defendants
C. Insures that the defendant will appear at every stage of the proceedings
D. None of the Above
E. All of the Above
C. Insures that the defendant will appear at every stage of the proceedings
NJSA 2C:6-1 Bail cannot exceed what amount for a crime in the fourth degree, disorderly persons offense, and petty disorderly persons offense
$2500
For crimes and offenses to be eligible for expungement they must not be statutorily prohibited and
All fines, penalties, assessments, programs, and periods of incarceration or probation must have been completed
if someone requests information on a file which has been expunged what should you say?
We have no record
An authorized Municipal Court Administrator or Deputy may set bail only in accordance with (Directive #9-05)
A. bail Schedule 1
B. Bail schedule 2
C. The local Bail policy established by the municipal Judge
B. Bail schedule 2
According to Directive #9-05 when a defendant is released on his/her own recognizance what monetary amount of bail is used
None
Per Robert Lipscher memorandum of February 24, 1988, personal checks should be accepted in cases where offenses charged in not serious and the amount of bail is not great. In municipal court bulletin letter #164, October 1968 non serious offenses are defined as?
All matters in which the municipal Court Judge has authority to set bail
Sound recordings and stenographic records of proceedings made pursuant to R 7:8-8 must be retained for A. 3 years B. 7 years C. 10 years D. 5 years
D. 5 years
Which of the following is not a requirement for bail?
A. A manual receipt for cash bail
B. A manual receipt for non-cash bail
C. A bail recognizance contract
D. Entry of surety and insurance information for non-cash bail
B. A manual receipt for non-cash bail
The maximum time limit for issuance of a temporary driving permit is?
6 hrs
What should the court do when receiving an underpayment by mail?
A. Deposit the check and enter in ATS/ACS
B. Deposit check and enter in ACS as a miscellaneous payment
C. Hold the check back and inform the defendant that the whole amount has not yet been received
D. Hold the check until the defendant sends the balance
A. Deposit the check and enter in ATS/ACS
A complaint can be dismissed: A. At the defendants request B. By the Court Administrator C. by the Judges signature on the ticket D. by the Judge in open court, and on the record
D. by the Judge in open court, and on the record
When is judicial probable cause determination not required?
A. whenever a police office issues and is the complainant of the summons
B. Whenever an arresting warrant is being sought
C. Before issuing a summons in a private citizen complaint
D. None of the above
A. whenever a police office issues and is the complainant of the summons
The time goal on the dispostion of Municipal Court complaints, regardless if it is criminal or traffic in nature is A. 30 Days B. 60 Days C. 90 Days D. 120 Days
B. 60 Days
The document that governs the professional and outside activities of the judiciary employees is known as :
A the 1985 Municipal Court Procedure Manual
B the Criminal Code of Conduct NJSA 2C
C the Code of Conduct of judiciary employees
D The municipal Court Administration Certification Board Manual
C the Code of Conduct of judiciary employees
The violations Bureau Schedule is a list of:
A. the Courts in the State of NJ
B The municipal Courts hours of operation
C Payable Offenses
D All of the Above
C Payable Offenses
All Indictable offenses must be placed on A CDR 2 B CDR 1 C Special Form of Complaint D CDR 1 or CDR 2 E All of the Above
D CDR 1 or CDR 2
The first Court appearance for a defendant that remains in custody shall be conducted within 7:3-1(a) A 48 hours B 72 hours C 12 hours D 24 Hours
B 72 hours
If a defendants remains in custody, bail shall be set within 7:3-1(b)(2) A 48 hrs B 72 hrs C 12 Hrs D 24 hrs
C 12 Hrs
All out of town bail should be processed in
ATS
What is the proper procedure to refund bail to the surety and use a portion for payment:
A Write on check for the full amount made payable to the surety and have the surety write a personal check to the court
B Write two checks made payable to the surety and have the surety endorse the one and give back to the court to be used for payment
C Make one check payable to the surety and one made payable to the municipal court
B Write two checks made payable to the surety and have the surety endorse the one and give back to the court to be used for payment
Pursuant to R 1:30-3, the time of the court is established by;
A the Municipal Court Judge
B The Assignment Judge
C The Court Administrator
D A superior Court Judge providing it is the same vicinage
A the Municipal Court Judge
According to NJSA 2B:12-7 The municipal Court Judge must;
A be a resident of NJ and admitted to the bar for 1 year
B Be a resident of NJ and admitted to the bar for 5 years
C Be available to sit for the Municipal Court on the full time basis
B Be a resident of NJ and admitted to the bar for 5 years
According to NJSA 2B:12-12 bonding is required for
A those performing bookkeeping functions in the municipal court
B the MC administrator only
C The municipal township finance officer
D The MD Judge, Administrator and a blanket bond for all MC personnel
D The MD Judge, Administrator and a blanket bond for all MC personnel
Per Rule 7:10-1 on defendants motion a case may be re-open and a new trial granted, pursuant to time limitations:
A - Time limit based on new discover evidence shall be within -
B - time limit based on fraud or lack of jurisdiction is
C Time limit based on any other grounds shall be within
A 2 years - new discover evidence
B Any time
C 20 days of judgement
Time to appeal
If requested by the Municipal Prosecutor a Court Administrator may issue a subpoena to obtain information from telecommunication and internet providers.
NO
Can not subpoena information for telecommunication and internet
A disorderly person’s conviction can carry
A Severe consequences tot he defendant
B Imprisonment up to 6 months and fines up to $1000
C Imprisonment up to 30 days and fines up to $500
B Imprisonment up to 6 months and fines up to $1000
To print a blank bail waiver in ATS/ACS
A Access the bail procedures menu
B Access the copy of the warrant screen
C Access complaint processing menu
B Access the copy of the warrant screen
Once you reconcile the monthly bail cashbook, then ending adjusted account balance should match to:
A Part 3 of the monthly bail cash book, total cash bail on account
B Part 1 of the monthly bail cashbook, total monies received
C both A and B
D Neither A or B
A Part 3 of the monthly bail cash book, total cash bail on account
LOOK INTO THIS
Victims of Domestic Violence can seek relief: A Where the incident occurred B Where the defendant lives C Where the victims lives D Where the victim is sheltered E All of the Above
E All of the Above
Name the Municipal Court Core Values
Independence
Integrity
Fairness
Quality of Service
The Municipal Court Administrator Certification board is established pursuant
NJSA 2B:12-11
the NJSA which provides the Court Administrator or Deputy Court Admin of the municipal Court the power to administer oaths for complaints filed with in the Municipal court and to issue CDR 1 and CDR 2
2B:12-21 (a)
the NJSA which provides the Court Admin or Deputy Court Admin of the MC the power to set conditions of pre-trial release in accordance with the bail schedules promulgated by the AOC
2B:12-21(c)
Code of Conduct for Judiciary employees consists of how many Canons?
8
The maximum fine a municipality may impose for a first time violation of a municipal ordinance is: PL205,c269 January 5,2006
A $500
B $1250
C $2000
C $2000
Juvenile Matters are heard in the Family part of the Superior Court with the exceptions:
A Curfew
B Title 39
C smoking
D Helmet - bicycle-skateboarding-roller skating
E All of the Above
E All of the Above
Corporation - parking tickets- 7:6-2a(2) Who can appear on behalf of a corporation.
An authorized officer
If a corporation fails to appear and service was duly made can the judge proceed to hear the complaint?
A not guilty plea is entered and the case is heard
What is - Supervision of the time and events involved in the movement of a case through the court system from point of initiation to disposition, regardless of the type of disposition?
Case Flow Management
When Does case management begin? When does the clock start?
MV - when issued on the street
CRIMINAL - when certified by police or Prob Cause is found by authorized court personnel and complaint is issued
When does the clock stop?
DISP, TPAY, CLOS, DSUS, WARR, TRAN to 0089
When does the clock never end?
HELD, RSTR, TRAF, RWAR, EWAR, TRAN other than to 0089
Annual reports for outside employment should be filed by what date?
Jan 15
Establishing a standard for safeguarding and securing the Judiciary computers and networks and technical infrastructure is part of what policy?
The IT Security Policy
The 1983 ACT which informs the public employees of chemical hazards in the workplace is called?
NJ Worker and community right to know act.
What are the Three branches of Government?
Executive - manages and directs
Legislative - create laws
Judicial - decides cases according to law
Who is the current Chief Justice of the Supreme Court?
Judge Stuart Rabner
What is the NJSA statute encompasses the Municipal Courts
2B
What court rule encompasses the Municipal courts?
R: 7
Rule 7:14-3 allows for cases to be called in what order?
Applications for adjournments Un litigated Motions Arraignments Guilty Pleas Litigated Motions Contested with ESQ
According to 2B:12-4, a judges appointment is
A. 5 years
B 3 years
C as long as the government wants
B 3 years
How old must a domestic violence defendant be?
18 or emancipated
What is an emancipated minor?
- is or has been married
- Has served in the Military
- Has a child or is pregnant
- Previously declared by the court or administrative agency
What is the time frame to file an appeal?
A. 10 days
B. 1 year
c. 20 days
c. 20 days
How do you define time?
Past, Present, Future
Name the charging documents?
CDR/ eCDR 1 - summons CDR/ eCDR 2 - warrant Special form of complaint Uniform Traffic ticket or PATS notice in lieu of complaint (like a warning)
Can court cost be charged to complaintant? 2B:12-24
When the judge finds the filing was not in good faith
Explain the difference between expressed authority vs implied authority
EXPRESSED - municipal - written law
IMPLIED - Superior - Meaning or intent of the law
Effective June 29, 2006 new legislation was passed concerning traffic tickets with death or injury. What must be done?
Must be transferred to Superior Court
Crimes are defined in terms of the period of imprisonment to which a person may be subject if convicted
Over 6 months of imprisonment
R3:2-1(b) provides that indictable complaints must be transferred to the county prosecutor within?
48 hrs
What is the time frame in which a parking ticket may be dismissed if the court fails to either issue a warrant or order a suspension of driving privileges?
3 years
The definition of a complaint
The written statement of facts alleging that an offense has been committed and the defendant committed it
Consequences of Magnitude is determined by:
Any sentence of imprisonment
Any period of driver license suspension
Fines of $800 or more
The Public Defender Fee can not exceed?
$200
A summons rather than a warrant will issue unless a judicial officer finds one of the following conditions set forth in:
R3:3-1c Reason to believe the defendant will not appear Defendant is a danger to self or others Other Outstanding Warrants ID Prior FTA Impact crime
Who may SERVE a subpoena?
A. Law enforcement officer
B Any person over the age of 18
C All of the Above
C All of the Above
What is Subpoena Duces Tecum?
Orders a person to bring certain records with them to court
If a defendant wishes to appeal as indigent he applies?
A Municipal Court
B Superior Court
B Superior Court
If a defendant is indigent who pays for the cost of the transcript?
County expense if statute violation
Municipality if ordinance violation
RETENTION SCHEDULE DWI Financial Criminal Traffic Sound Recordings
DWI 15 years Financial 7 years Criminal 6 years Traffic 3 years Sound Recordings 5 years
There are certain title 39 offense which are DP offenses, give an example
39:3-29.8A - display of fictitious ID
39:5C-1 - racing or making a speed record
These offenses can be found on ACS table in RMDS
What form of process is used for the title 39 DP offenses?
Special Form of complaint or CDR 1
Court Deposits shall be made within
48 hours
Statue of limitations for NJSA 2C:1-6
DP 1 year
PDP 1 year
Ordinance 1 year
Title 39 what are the exceptions to the 30 day statue of limitations?
DWI 90 days
REVOKED 90 days
Uninsured 6 months
What offenses can be placed on a Special Form of Complaints?
DP/PDP, except those involving DV or companion with indictable
local ordinance
Code and Penalty enforcements
Boating
Parking and traffic where a private citizen is complaintant
Pursuant to R 7:2-2(a)(1) can a code enforcement officer issue a SC?
R 7:2-2(a)(3)
a code enforcement officer can issue a SC if it is within the scope of his duties and within his territorial jurisdiction
State v Dangerfield? April 2002
Use of Special Complaint instead of CDR1 for minor DP
no respect
Can a Police Officer issue a SC without judicial finding of probable cause?
YES if the complaint is made by a law enforcement officer , they can issue and check the box “Law enforcement use only”
No warrant can be issued on a parking ticket unless?
more than two tickets - not in the same 24 hrs
Amendment to R 7:6-2(d0 become effective on 9/1/04 allowing the prosecutor to submit an approval plea agreement form to the court only when?
The original charge in on the statewide and local VB
Pursuant to R 1;13-1 you may only correct clerical mistakes on UTT, Substantive changes may not be made.
Examples of clerical and substantive errors
CLERICAL - DL#, DOB eye, sex, spelling of name
SUBSTAANTICE - statue, ordinance, date and time
Justice should be
(What’s our line?) three basic ideas
Fair
Efficient
Prompt
Three methods of developing your staff
Training
Coaching
Performance feedback
What is MBWA?
Manage By Walking Around
What are the 4 C of trust
Caring
Clarity
Consistency
Commitment
What are the 4 C in team
Collaboration
Coordination
Collegiality
Coaching
On ken’s three types of time are
Boss -imposed time
System -imposed time
Self - imposed time
A tool for organizing yourself and others is making a list and dividing into?
Positive active tasks
reactive tasks
What is Drucker’s Rule?
How your time currently is used or misused.
The more capable your staff, the more you accomplish with less stress
What is the 80% - 10% rule? “The Pareto Principle”
80% always against change (reactive thinkers)
20% in favor of change (creative thinkers)
What theory concludes and individual’s supervisor is the critical factor in productivity and success?
Gallup Research
Average Managers are distinguished from great by (Gallup Research)
Productivity
Profitability
Customer Satisfaction
Employee retention
CRIB - Management tool to get mutual purpose
Commit
Recognize
Invent
Brainstorm
What is sandwich technique?
Begin with praise
Constructive feedback
End with praise
Symptoms of lack of control
Overcrowded court sessions
Large number of cases in backlog
Multiple adjournments
The court supervision of case progress that explicitly recognizes that cases vary in resource requirements (judicial, staff, Atty) to achieve timely and just dispositions
DCM
Differentiated Case Management
Self Actualizations, Esteem, Social, Safety and Physiological are know as
Maslow’s needs
Steps used to introduce change are
Identification
Assessment
Action
RESPECT Drivers
Recognition Empowerment Supportive feedback Partnering Expectations Considerations Trust
Leaders increase ROI
what is ROI?
Relationships
Outcomes
Improvements
The seven habits:
be positive Begin with the end in mind Put first things first Think Win-Win Seek first to understand, then to be understood Synergize Sharpen the saw
Administrators have two principal ways to elicit better performance from people
Training and motivation
What is a crucial conversation is a discussion between two or more people where
The stakes are high
the opinions vary
the emotions run strong
Define Delegate
to authorize and send as one’s representative
to commit or entrust to another
When is it necessary to have a crucial conversation?
Safety issues Low productivity Diversity issues Quality service problems hot issues and topics
What is the core of a successful conversation?
Free flow of relevant information
People being open and honest
Explain the Pygmalion-effect/expectation Cycle;
Expectations are matched
Expectations are formed, communicated, come true
What are some immediate responses to change?
Fear
confusion
resistance
Ambiguity
Six principles of Leadership?
Power of Self-mastery Power of focus Power with the people Power of persuasive communication Power of execution Power of giving
Three steps to use when introducing change
Identification
Assessment
Action
Motivation will give a reason to act. What are some challenges against motivation?
Increase workload
home life just as busy
working in teams
Good work environment is when your staff feels
Respected and empowered
Barriers to communication for sender
Own agenda
Insufficient information
Negativity
Not conveying the vision of the judiciary
Barriers to communication for receiver
Not understanding
Not giving feedback
distractions
family and personal issues
External Barriers to communication
Noise
Disruptions
Phone calls
Emails
The stages of team development model
Preparation
Alignment
Achievement
What type of subpoena is used for production of documentary evidence?
Subpoena Duces Tecum
What is the motion to quash subpoena?
to set aside
Can the Court Administrator issue and investigative subpoena?
NO
Is personal service of a subpoena necessary?
Yes R 1:9-3
Do you need to reissue subpoena every time the case is rescheduled for court?
No a subpoena is good for the witness until the case is disposed
The Court Admin or Deputy must accept for filing and issue all complaints unless they do not have a name or address for the defendant T/F
F
must accept all
not always issue
As a general rule the records of the MC are open for public inspection, subject to exclusions specified in the confidentiality of court record rule 1:38 T/F
True
Public Defender fees should be placed on a time payment order if a defendant cannot pay the entire fee assessed. T/F
F
Can never be on Tpay
Bail can be placed on a CDR1 if the Court Administrator feels it is necessary T/F
F
Bail is never on a CDR1 or summons
Ordinance complaints may be alleged in the CDR1 or CDR2 forms if the officer deems it appropriate. T/F
F
Ordinance should be SC
Officers do not determine CDR2 it must meets criteria
A bail receipt is the same as a bail recognizance T/F
F
Receipt is for cash/check deposit with the court
Recog is a contract with def and surety to return to court
The MC Judge may modify the bail on non-indictable offenses. T/F
True
When processing a bail reinstatement you must write a check from the general account to the bail account T/F
True - reinstatement is the vacated/void the bail forfeiture and puts the monies back into the bail account
You must enter “RA” in the appeals status field to remove an appeal from the monthly case status report (cases on appeal section) T/F
True
???
If a complaining witness does not have the defendant’s name, the court may refuse to take the complaint T/F
False, must accept all complaints for filing
All Indictable charges must be on a warrant
F
only if it meets the warrant criteria
A person who has been sentence to one day jail can service this time in court room if the judge orders.
False
Per Directive #9-05 only the judge can approve a monetary amount of bail to be set when the defendant is being ROR.
False
ROR has no monetary bail
