Newark Municipal Court Annual Report 1991

13 Pages·1991·7.2 MB·

by  Newark (N.J.)

eeee ee
The Municipal Court of the The Municipal Court of the City of
City of Newark is the largest of Newark has trial jurisdiction over
and busiest Municipal Court those offenses enumerated under NJS.A.
in the State of New Jersey. 2A:8-22 where the necessary waivers
have been executed. This means that
N {|u nicipal Courts in New Jersey the Court may try these offenses with-
out a jury and render a verdict.
are created by legislation pur-
suant to the state constitution, Article Although the Court does not have trial
VI, Section I, paragraph 1. They were jurisdiction over indictable offenses—
established through the passage of crimes for which the defendant is
NJ.S.A. 2A:8-1 et seq. Municipal entitled to indictment and trial by
Courts are Courts of record. jury —the Court does possess juris-
diction over preliminary proceedings
Practice and procedures in the Muni-
which follow arrest on an indictable
cipal Courts are governed generally
offense. These proceedings include
by New Jersey Court Rules, Part VII.
arraignment, and the setting of bail for
Part III, insofar as is applicable, and
certain offenses. Indictable complaints
unless otherwise expressly provided,
for offenses committed within the
also controls activity in criminal,
City of Newark are filed in the Newark
quasi-criminal and penal actions.
Municipal Court and the defendant
The Revised Ordinances of the City is brought before the Central Judicial
of Newark provide that the Newark Processing Court for arraignment, and,
Municipal Court and the judges shall where appropriate, the setting of bail.
possess and exercise all the jurisdic-
The Newark Municipal Court is divided
tion, powers, functions and duties
into seven court parts. Each of the seven
which are or may be conferred by
judges are assigned to a court part.
law and the applicable rules of the
Supreme Courts of New Jersey
(R.O. 2:2-58). Court Rule 1:33-1,
2 and 3 sets forth the supervisory
authority of the chief justice, admin-
istrative director of the courts and
the assignment judge of the Superior
Court over the operations of Newark
Municipal Court.
A Message from the Hon. Clifford J. Minor
Presiding Judge, Municipal Court of the City of Newark
n 1991, the terms “revenue short- Our record of doing more with less
fall” and “downsizing” were buzz continues a five-year trend that has
words at all levels of American govern- seen the court's workload triple while
ment as an economic recession forced staff has been cut by 12.5 percent. Over
stiff competition for shrinking re- this time, creativity and aggressiveness
sources. By no means, however, did in seeking ways to maximize perfor-
tough times reduce the obligation mance have played key roles in the
of public agencies to address diverse court's management.
quality of life issues.
Automation has helped to shape a
Resolving this conflict between more efficient Newark Municipal
revenue supply and social demand Court. In 1991, we enhanced a court
presented an especially strong chal- computer system that has transformed
lenge to the Municipal Court of the the court since its first components
City of Newark. Because the effective- were installed in 1987. This was ac-
ness of law is dictated largely by the complished with the acquisition of a
vigor with which they are enforced, powerful new computer and a software
the court could scarcely afford to package that will allow us to store
jeopardize the public’s welfare by ticket information within the court The growing efficiency of the City’s
reducing its workload. complex rather than on the City’s Municipal Court even produced a
mainframe computer. pleasant irony in 1991 despite reduc-
To the credit of its staff, the Municipal tions in budget and staff, the court
Court of Newark weathered a year of The Municipal Court of the City of became a major contributor to the
dwindling resources without dimin- Newark continued to benefit from its city’s revenue base through the col-
ishing its capacity to process cases. participation in the State Administra- lection of $9.9 million in fines, many
In fact, productivity rose in the face tive Office of the Court's traffic sys- of which were issued due to the
of a 13 percent budget cut. tem. (ATS), which it joined in April of City’s innovative scofflaw and
1990. Enhancements to this system, booting programs.
Driving while intoxicated cases before
suggested by our court last year, im-
the court were up as Newark joined with While this court has reason to be
proved the overall efficiency of the
the State Police in a program targeting system, benefiting Newark and other pleased with its accomplishments
drunk drivers. Initiatives to rid the over the past 12 months, we do not
participating municipalities.
streets of illegal drug activity resulted regard ourselves with undue pride.
in a rise in disorderly persons arrests This year also saw the start of con- No matter what the circumstances, in
processed by the court. A new offense struction on two new courtrooms that good times and bad, we must remain
was prosecuted in our court as the will allow us to bring all the court's committed to improving the quality of
Division of Sanitation began issuing activities under one roof at Newark’s life for Newark’s residents through the
summonses to violators of the city’s justice complex. Previously, these effective enforcement of our laws. This
recycling ordinance in an effort to courtrooms were located in the City is the mission that carries us forth in
protect our environment. Hall Annex. 1992 and the years ahead.
here are seven full-time judges
sitting in the Municipal Court
of the City of Newark. They are repre-
sentative of the community they serve
and provide over 40 years of legal/
judicial experience.
One of the seven judges of the Newark
Municipal Court is appointed pre-
siding judge. Rule 1:22-4 provides
that the presiding judge shall be res-
ponsible for the orderly administration
of the court. The designated duties of
the presiding judge include:
1. Supervision of all sitting judges
in the Newark Municipal Court.
2. Appointment of personnel required
to manage the court.
3. Supervision of the clerk, officers
and employees of the court.
5. The implementation and enforce-
ment of all administrative rules,
policies and directives of the Ad-
ministrative Office of the Courts and
the Essex County assignment judge.
Four acting judges are employed to sit
in the Newark Municipal Court in the
absence of a full-time judge.
TABLE OF ORGANIZATION
Presiding Judge
Secretary to the Secretarial
Presiding Judge Assistant Typing
Municipal Court
Administrator
Administrative
Secretary
Deputy Court Chief of
Administrator Support Staff Violations
. Judge Richard A. Gomes (Acting)
. Judge Chester A. Morrison
. Judge Alison Brown-Jones
Judge Michael Nelson [Acting] Division Division
. Judge Paul R. Daniele l -
_ Judge J. Clifton Wilkerson (Acting) ae cota ich
. Judge Anthony H. Guerino (Acting
. Judge Myrna Milan
. Judge Clifford J. Minor
. Judge Anthony J. Frasca
KOH. OJuPdgNe DCNlaAudRe WMN. HCoEle man
ppdð
Administrative
he Municipal Court of the City he Violations Bureau processes ( Yourt Finance handles all account-
of Newark has three main traffic summonses issued by ing and auditing activity of the
divisions: the Criminal Division; the various law enforcement agencies Newark Municipal Court.
Traffic Violations Bureau and the Ad- within the City of Newark. In 1991,
The Data Processing Control Unit
ministrative Support Unit that includes over 445,000 traffic summonses were
operates and maintains the Criminal
Court Finance and Data Processing. processed. The Court collected over
$9.9 million in fines. Management Information System
[CRIMS], and monitors the facility
Court Part 6— Arraignment and trial management group that operates
court for custody traffic cases and the traffic computer process.
J into six distinct court
regularly contested traffic cases.
parts, the Criminal Division
prepares and processes all disorderly
and petty disorderly complaints. The
division also holds trial jurisdiction
over those complaints. Indictable
Administrative Staff
complaints are filed with the Newark
Municipal Court where they are pre-
Robert M. Strand, Municipal Court Administrator
pared, processed and referred to the
Central Judicial Processing Court. Sarah A. Cody, Deputy Municipal Court Administrator
Rebecca Mason, Chief of Violations
Criminal Judicial Processing
Cour—t A n arraignment court for in- Esther Anderson, Chief Court Clerk
dictable offenses, the Central Judicial Lawrence Robinson, Data Processing Coordinator
Processing Court is located within
Pravin Patel, Chief Auditor
Essex County Superior Court complex.
The presiding judge of the Newark Mu-
nicipal Court oversees the CJP Court
and because of this court's continued
responsibility for processing indictable
complaints.
Court Part 2— An arraignment court
for all disorderly persons complaints.
Amended/downgraded indictable com-
plaints are arraigned in this court. All
1 2 Millions
custody (prisoner) cases, including some -Total revenue 1981-1985 =$16,772,694
traffic cases, are arraigned in Part 2. Total revenue 1986-1991 =$48,979,561
1986-1991 shows a 192% increase over 1981-1985 9,786,840
Court Part 3— Trial court for
criminal cases. tTomy
Alp
Court Part 20— Remand. (downgrade
Numan
Sle
indictable cases) Hmt mem AF
Court Part 5— Trial court for 0| o m j
tAoonnaano tontii!
criminal cases.
Court Part 7— Assignment and trial i— s mhrf 7o aU m A| ioff` hmm pm lm m Hi if uMum i
court for housing cases, (including lack
of heat/hot water complaints) as well om
as other ordinance cases, such as: atnan ont it e TT Tom
a ACtro | UmT m! j
e Unemployment and municipal as AD,
| Mimi Ñ
Cr G Uuamiimmnnnl
welfare fraud CTT
Pr
e ASPCA 2 AAClU ro Atm
e Traffic scofflaw ; TTTeDye CMT
enue Tinr aT
e Board of Education training mmm A a [Dt Ey |
0 Mn U 5 mm A ii
e Mandatory traffic violations
e Community Dispute Resolution
Program
e Some city ordinance violations
POLICE/COURTS enforcement agencies (a total of 18) number of delays (postponements/
who conduct day-to-day operations in adjournments), thus satisfying Sixth
COMMITTEE
the City of Newark (population: 300,000). Amendment requirements for a speedy
trial. The system also has resulted in a
The Police/Courts Committee's effec-
he Police/Courts Committee dramatic financial savings for all par-
tiveness can be seen in the design and
maintains a cooperative relation- ties involved and has substantially
implementation of the new Subpoena
ship between all law enforcement reduced the court calendar.
Control System currently utilized by
agencies and the Municipal Court of
the City of Newark. Organized in 1984, the Municipal Court of the City of The committee has also worked to
it is a problem-solving, goal-oriented and Newark. Through the efforts of the alter the format and construction of
topical committee which meets on a Police/Courts Committee, the Sub- criminal charging statements prepared
monthly basis. poena Control System has ensured the by police departments when processing
timely notification of and subsequent arrests and formally charging suspects.
The Police/Courts Committee is com- appearance in court by all necessary Changes implemented upon the com-
prised of the court administrator, the police officers, witnesses, and prose- mittee’s recommendations have made
County Prosecutor's Office, Muncipal cuting and defense attorneys prepared the statements suitable for use by
Prosecutor's Office, Public Defender’s for court room procedures. This has courts in the arraignment process,
Office and representatives from all law resulted in a dramatic reduction in the which saves time and effort.
1987 - 1991
REFLECTS A 12.5%
DECREASE IN STAFF
AND A LOAD
INCREASE OF 219%
OVERALL —FOR
CRIMINAL CASES
AND 46% FOR
TRAFFIC SUMMONS.
1987 1988 1989 1990 1991
THE MUNICIPAL PUBLIC DEFENDER’S OFFICE
his office represents indigent tion. The four attorneys are assigned
people who are unable to afford to cover Parts 3, 5, 6, 7 and 20 while
the assistance of private counsel. the three support staff are responsible
During 1991, the Office of the Muni- for intake on all clients, preparation
cipal Public Defender handled approx- of files, typing and miscellaneous
imately 2,500 cases. The matters range necessary paperwork. The office also
from disorderly person charges to sim- filed, wrote and argued numerous
ple assault to illegal possession of con- municipal appeals in Superior Court.
trolled dangerous substances to harass- An overwhelming majority of disor-
ment, prostitution, receiving stolen derly offenses involve defendants who
goods, illegal dumping, DWI, etc... are indigent. It is through this office
In addition to trials, the office handles that those persons were represented
bail requests and violations of proba- during 1991.
ESSEX COUNTY PROBATION DEPARTMENT
he Essex County Probation Divi- e To enforce orders of the court: By
sion maintains offices in the actively seeking compliance with
Newark Municipal Court. all orders (including collections),
and by notifying the Courts of
The fundamental mission of the non-compliance.
Probation Division is to provide for
effective and comprehensive probation e To help persons and families under
supervision in Essex County. As the Probation supervision: make positive
enforcement arm of the Judiciary, personal and social adjustments and
this Division is totally committed “to reduce their likelihood of committing
assist the Courts in the administration new crimes.
of justice and to serve the citizens of
e To provide alternatives to traditional
Essex County by protecting and pro-
Court processing for appropriate
moting the welfare and interests of
persons.
the community”.
Nicholas Fiore
The following goals are designed to
Vicinage Chief Probation Officer
provide both direction and purpose
to the Probation Division’s super- Dominic Tetta
vision efforts: Principal Probation
Officer II, Newark Unit
e To provide accurate and relevant
information to the Courts to assist
them in reaching just decisions.
——~ ~
a
ph tN occP
Association. rovided by the Essex County Bar eard by trained volunteer mediators County.E19s9s1e x icwnae srees In o provide the largest volume of cases ewark Municipal Court continues f Newark. asfeisli entd h Meu niCcoiupratl ourt trial in a significant number of roject is an effective alternative to a Community Dispute Resolution he Essex County Bar Association's Sponsored by the Essex CCDRCOMMUNITY DISPUTE RP
o E
Coordinator CProorjpMarge Levy, eocrta te100 cases per year. Court, it has disposed of an averageoperation in the Newark MunicipalDuring the program’s ten years of unty Bar Association SOLUTION PROJECT

1
9
9
1
MUNICIPAL
PROSECUTOR’S OFFICE
he Municipal Prosecutor's office
is a section of the City of Newark’s
Law Department.
The Municipal Prosecutor represents
the interests of the State of New Jersey s f
and the City of Newark in prosecutions guess Aoma l
in the Municipal Court of Newark. INAL 10:2
gore :
In the performance of their responsi- cage OE 8
bilities, the Municipal Prosecutor's
office works with many state, county
and local agencies in the prosecution
of criminal, traffic and city and county
ordinance violations.
The prosecutor section includes a staff
of seven, including a Section Chief, two
attorneys, a special prosecutor, a para-
legal, a secretary and an intern.
Glenn A. Grant
Corporation Counsel
Patricia A. Hurt
Section Chief,
Municipal Prosecutor
D.W.I. CASES FILED
(Driving While Intoxicated)
800