New Jersey Court System and Legal Procedures

Municipal Court (New Jersey)

Lowest-level court in the state; equivalents:
- Village Court (NY), Court of Common Pleas (PA), etc.
Handles "minor matters" for every town; a judge may “ride circuit” if a town lacks its own bench.
Judges
- Usually part-time: practice law by day, sit at night; hope to parlay experience into full-time posts.
- Salary in large cities can reach \approx160\,000 annually (full-time posts in Newark, Trenton, Hackensack, etc.).
Court Staff
- Small courts = judge + a few clerks; clerks can be best ally or worst enemy.
- Polite requests → help (e.g.
  adjournments); attitude → “See the judge.”
Courtroom Players
- Judge (manager; determines guilt & penalty).
- Prosecutor (must prove guilt but should not convict innocents).
- Public Defender (PD): private attorney hired by court for indigent defendants; app requires financial affidavit; not for those merely unwilling to pay \$400/hr private fees.
- Court Staff (daily operations; know all local rules).
Court Etiquette
- Dress conservatively; avoid “prom” or “club” attire.
- Flaunting wealth while claiming poverty antagonizes the bench.

Plea Bargains

Definition: defendant pleads guilty in exchange for reduced charge/penalty.
Essential to clear dockets: \approx30 trials in one night is impossible.
Typical traffic combo: Speeding + Careless → plead to one, dismiss the other.
No juries in NJ municipal court (unlike CA).

Motor-Vehicle Violations & Points

Moving violations (speeding, reckless, failure to yield, etc.) carry points; too many → suspension or even registration blocks.
Point “history” never fully disappears; MVC reviews lifetime total: specific cut-offs for “
Automatic point reduction each year of clean driving, but cannot drop below 0.

Unsafe Driving — NJSA 39{:}4{-}97.2 ("97.2" plea)

Legislature’s “off-ramp” once courts banned fictitious pleas (e.g. driving in breakdown lane).
Definition intentionally vague – any unsafe act qualifies.
Limits: 2 uses / 5 years.
Financials (no points):
- 1^{st} offense: \$150 fine +\$250 surcharge +\$50 costs ⇒ \$450 total.
- Decision trade-off: e.g. 2 points & \approx\$175 vs 0 points & \$450.
Payment Plan pitfall: if you earlier abused clerk, plan may be “24 h or jail.”

Failure to Appear (FTA) / Bench Warrants

Ticket = demand, not invitation.
Ignore → FTA warrant; minimal bail but guaranteed “ruined day.”
Excuses like “I moved” fail; online address change required.
Parking tickets balloon over time; typical escalation \approx\$40–\$50 then up.

DWI / DUI (NJ)

Split offense:
- Impaired: 0.07\le{}BAC<0.099.
- Drunk: BAC\ge0.10.
Penalties differ; still non-jury in municipal court.

Disorderly Persons (DP) / Minor Crimes

Equivalent to misdemeanors; examples: simple assault, petty theft, harassment.
Judicial powers per offense:
- Fine up to \$1{,}000.
- Jail up to 6 months (mandatory in some statutes).
- E.g. Shoplifting 3^{rd} offense → mandatory jail (client received \approx30 days).
Driving while revoked 2^{nd} offense → \le10 days mandatory jail.

Borough Ordinances

Local laws: snow shoveling deadlines, garbage timing, leash laws, construction hours, exterior maintenance.
Anecdotes
- Hackensack buyer fined because seller left trash curb-side.
- Bloomfield homeowner painted entire house purple; town lacked color jurisdiction.

Appeals — Trial de novo

Request another judge (county Superior Court) to review municipal judge’s actions.
No witnesses; decision based solely on transcript.
Common outcome: affirmation or penalty reduction.

Symbols in Court Notes

\pi = Plaintiff (party initiating suit).
\Delta = Defendant (party sued who contests claim).

Special Civil Part (Superior Court – County Level)

First full-time court; judges earn \approx\$160\,000.
Countywide jurisdiction: must sue where defendant resides.
- Doctor (Bergen) vs patient (Morris) ⇒ file in Morris.
Divisions
1. Small Claims
- \le\$5{,}000; non-jury; “summary justice.”
- TV courts (Judge Judy, etc.) mimic small claims but are arbitration shows;
  - Real cases \le\$5{,}000; show pays judgments; Judge Judy allegedly earns \approx\$40{,}000{,}000/yr.
1. Arbitration vs. Mediation (ADR)
- Arbitration: binding; parties pre-agree to accept third-party ruling; private alternative to trial.
- Mediation: non-binding facilitation; parties may walk away; often used to nudge settlements.
- ADR overall eases docket (civil equivalent of plea bargains).
1. Landlord–Tenant (L&T)
- Summary dispossess only (possession decision).
- Common ground: non-payment of rent; tenant may “redeem” by paying arrears before eviction order.
- Notice: 1 rental period required (e.g., papers by 2/28 to exit by 3/31).
Jurisdictional cap: \$15{,}000. If claim worth >\$15{,}000, plaintiff must stipulate to \le\$15{,}000 or sue in Law Division.
Typical timeline: \approx90\text{–}120 days to hearing.

Superior Court (Statewide Jurisdiction)

File in any county connected to dispute (plaintiff’s residence, defendant’s residence, or accident location).
Unlimited damages; venue of million-dollar verdicts; many suits end "no cause" (no recovery) or low awards.
Pro se allowed but risky; NJ Rules of Court \approx2500 pages ⇒ even lawyers struggle; Lincoln: “self-represented client = fool.”

Divisions

Law Division
- Seeks money (auto, malpractice, broken contracts).
- Pre-COVID trial wait \approx1.5\text{–}2.5 yrs; likely +1 yr now.
- Juries available; attorney found judge trials more predictable.
Chancery Division (Equity)
- Seeks fair action, not money (partnership break-ups, boundary disputes).
- Judge should craft Solomon-style remedy.
Family Part
- Focus on divorce and related issues.
  - Grounds: “no-fault” after 6 months’ irreconcilable differences.
  - Alimony: typical duration = \frac12 of marriage length (e.g., 12-yr marriage → 6-yr alimony).
  - Child Support: obligation until 22 (assumes 18 + 4 college yrs).
  - Court may compel college tuition payments; sometimes capped at in-state rates.
  - Equitable Distribution (ED): divides all marital assets—cash, cars, investments and retirement (401(k), pensions).
  - Example: 401(k) with \$250{,}000; \approx25\% may transfer to spouse depending on overlap; handled via QDRO.
  - Social Security: post-divorce \ge10-yr marriage allows collection on ex-spouse benefit if never remarried.
  - Visitation norms: e.g., 1 day/week 9–5.
Criminal Part
- Handles state indictable crimes; NJ has no death penalty.
- Advances in DNA have overturned wrongful convictions; some states compensate exonerees.

Additional Concepts & Anecdotes

ADR vs Plea Bargain analogy: both relieve systemic backlog.
“Pigs get fed; hogs get slaughtered”: lawyer’s warning against greedy trial gambles (settlement often safer).
Scholarships: unclaimed money exists—always apply.

Quick Reference of Key Numbers (all in )

Judge’s municipal salary (large cities): 160000.
Private counsel rate quoted: 400/hr.
Municipal points suspension examples: 11 points at age 17; suspension at 12.
Unsafe-driving fines: 150 fine +250 surcharge +50 costs.
Payment-plan clerk threat: 24 h to pay 450.
Disorderly fine/jail max: 1000 & 6 months.
Driving while revoked 2^{nd} off.: \le10 days jail.
Special Civil cap: 15000; Small Claims cap: 5000.
Judge Judy salary: 40000000/yr; show case value cap: 5000.
Alimony rule: \tfrac12 marriage length.
Child support terminates 22$$.
DNA exonerations rising; no numeric cap.

Ethical / Practical Take-Aways

Kindness to police & court staff often equals better outcomes (nasty client story: unneeded points).
Dress & demeanor in court critically influence judicial discretion.
Do not ignore summonses; administrative tasks (address change, paying tickets) now online—no excuses.
ADR & plea bargains keep justice system functional; without them, dockets collapse.
Self-representation is a right, yet professional guidance usually pays off given rule complexity.