In re the 1987 Essex County Judicial Budget Impasse

533 A.2d 961, 109 N.J. 89, 1987 N.J. LEXIS 374
CourtSupreme Court of New Jersey
DecidedNovember 25, 1987
StatusPublished
Cited by5 cases

This text of 533 A.2d 961 (In re the 1987 Essex County Judicial Budget Impasse) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the 1987 Essex County Judicial Budget Impasse, 533 A.2d 961, 109 N.J. 89, 1987 N.J. LEXIS 374 (N.J. 1987).

Opinion

The opinion of the Court was delivered by

GARIBALDI, Justice.

This matter concerns the resolution of the impasse between the Board of Freeholders of Essex County and the Assignment Judge of Essex County regarding the Essex County judicial budget for the 1987 operating year pursuant to Rule 1:33-9.

In October of 1986 the Assignment Judge submitted to the County a 1987 judicial budget of $24,212,257. The County advised the Assignment Judge that it would not be able to appropriate that sum. Accordingly, the judiciary reviewed the budget, and on April 22, 1987, submitted a revised budget of $20,947,044. The County determined it would likewise not be able to appropriate that sum. On May 14, 1987, the County adopted its final 1987 budget in which $18,521,431 was appropriated for the judiciary.1

On June 17,1987, pursuant to Rule l:33-9(a), the Assignment Judge entered a Recommended Disposition/Order directing the County to increase the judicial budget to $21,643,824, or approximately $3.1 million above the County’s appropriation. The County2 filed its notice of petition for review and the Assignment Judge filed a response as mandated by Rule l:33-9(c).

Pursuant to Rule l:33-9(d), the Court granted the County's petition to review the Recommended Disposition/Order of the Assignment Judge and referred the matter to a three-member panel. The panel consisted of the Hon. Thomas F. Shebell, Jr., J.A.D., the Hon. Charles S. Joelson, J.A.D. (Retired), and Walter Wechsler, formerly Budget Director of the State of New Jersey. The panel conducted hearings on August 5, 6, and 7, 1987, and rendered its report on August 18, 1987. Both the [91]*91Assignment Judge and the County filed exceptions to that report. This opinion follows an Order entered by the Court on September 15, 1987.

I

The New Jersey Constitution of 1947 provides that “[t]he Supreme Court shall make rules governing the administration of all Courts in the State ...”, N.J. Const. of 1947 art. VI, § 2, para. 3, and that “[t]he Chief Justice of the Supreme Court shall be the administrative head of all the courts in the State.” N.J. Const. of 1947 art. VI, § 7, para. 1.

The earlier New Jersey Constitutions of 1776 and 1844 did not give the Court the authority to provide for the administration of the courts. Indeed, many claim that

[t]he intent of the 1947 Constitutional Convention was to vest the Supreme Court with the broadest possible administrative authority. Conceptually, such authority encompasses all facets of the internal management of our courts. This was made clear by the Committee on the Judiciary which considered it a fundamental requirement that the courts be vested with “exclusive authority over administration.” [Lichter v. County of Monmouth, 114 N.J.Super. 343, 349 (App.Div.1971) (citations omitted).]

See 2 Proceedings of the Constitutional Convention of 1947, at 1180; Passaic County Probation Officers’ Ass’n v. County of Passaic, 73 N.J. 247, 251 (1977).

The Court’s responsibility for the administration of all the courts has been consistently interpreted to imply the “power reasonably necessary to fulfill that responsibility.” In re Court Budget and Court Personnel Essex County, 81 N.J. 494, 496 (1980); Passaic County Probation Officers’ Ass’n v. County of Passaic, supra, 73 N.J. at 252; In re Mattera, 34 N.J. 259, 272 (1961); In re Court Reorganization Plan of Hudson County, 161 N.J.Super. 483, 490 (App.Div.1978), aff’d o.b., 78 N.J. 498 (1979). Inherent in the Court’s authority over the administration of the courts is its “concomitant responsibility to see that the public interest is fully served by the proper functioning of this vital branch of our government.” Passaic [92]*92County Probation Officers’ Ass’n v. County of Passaic, supra, 73 N.J. at 253.

Pursuant to Rule 1:33-4, we delegated to each Assignment Judge of the state, as the authorized representative of the Chief Justice, plenary responsibility for the administration of all the courts in his vicinage. Those responsibilities include all matters affecting county and municipal government, including but not limited to budgets, personnel, and facilities; the supervision and efficient management of all court matters; the supervision, superintendence, and allocation of all judges and judicial support personnel; and the appointment and discharge of judicial support personnel. Assignment Judges have the inherent power not only to provide the facilities, personnel, and resources reasonably necessary for the operation of the courts but also “to compel the appropriation and expenditure of funds by the coequal executive and legislative branches of government to accomplish such purpose, subject only to bounds of reasonable discretion.” In re Court Reorganization Plan of Hudson County, supra, 161 N.J.Super. at 491 (citations omitted).

In short, an Assignment Judge, within his vicinage, has the power and authority over all facets of the internal management of the courts. Likewise, the Assignment Judge has “the concomitant responsibility to see that the public interest is fully served” by the judicial system in the vicinage. Passaic County Probation Officers’ Ass’n v. County of Passaic, supra, 73 N.J. at 253.

As a matter of comity and respect for the other branches of government, we exercise our power to administer the courts sparingly and with deference to the other branches of government. The public is best served when all branches of government cooperate in attempting to accommodate their respective interests. To do otherwise is “pointless and self-defeating.” Passaic County Probation Officers’ Ass’n v. County of Passaic, supra, 73 N.J. at 255; Matter of the Camden County 1987 [93]*93Judicial Budget Impasse, 109 N.J. 24 (1987); Matter of Judges of Passaic County, 100 N.J. 352 (1985); In re Court Reorganization Plan of Hudson County, supra, 161 N.J.Super. at 491.

It is beyond dispute that our counties have serious and legitimate concerns regarding the budgets for the state trial court system. “Counties provide 91% of the personnel and 82% of the expenditures” of the state trial court system. Report of the State of New Jersey County and Municipal Government Study Commission on Judicial Unification, July, 1987, at XIV; Matter of the Camden County 1987 Judicial Budget Impasse, supra, 109 N.J. at 25; Matter of Judges of Passaic County, supra, 100 N.J. at 362; In re Hudson County 1982 Judicial Budget Impasse, 91 N.J. 412, 420 (1982); In re Union County 1981 Judicial Budget Impasse, 87 N.J. 1, 3 (1981).

Faced with rising costs and less funds available from other governmental sources, counties are understandably reluctant to increase the burden on their taxpayers. Changes in the counties’ funding of the state trial court system are under much discussion. Nevertheless, under current law counties still bear the major responsibility for the funding of the state trial court system.

Throughout the years “county governments have manifested a genuine commitment to the proper funding of an effective court system.”

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Bluebook (online)
533 A.2d 961, 109 N.J. 89, 1987 N.J. LEXIS 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-1987-essex-county-judicial-budget-impasse-nj-1987.