In re the Municipal Court of the Borough of East Newark

915 A.2d 1116, 390 N.J. Super. 513, 2006 N.J. Super. LEXIS 349
CourtNew Jersey Superior Court Appellate Division
DecidedOctober 27, 2006
StatusPublished
Cited by1 cases

This text of 915 A.2d 1116 (In re the Municipal Court of the Borough of East Newark) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Municipal Court of the Borough of East Newark, 915 A.2d 1116, 390 N.J. Super. 513, 2006 N.J. Super. LEXIS 349 (N.J. Ct. App. 2006).

Opinion

FEINBERG, A.J.S.C.

A verified complaint for declaratory judgment was initially filed by plaintiff, Borough of East Newark (“East Newark”), on March 31,2006, in Hudson County. On April 12, 2006, East Newark filed an order to show cause why judgment should not be entered declaring that East Newark and the Town of Harrison (“Harrison”) are permitted to enter into an Interlocal Services Agreement for the provision of administrative support services for the municipal court of East Newark, with each municipality maintaining its own municipal court judge and prosecutor. On April 13, 2006, Carmen Messano, P.J.Cv., Hudson County, signed the order requiring the Administrative Office of the Courts (“AOC”) to show cause on May 12, 2006, why judgment should not be entered in favor of East Newark.

On May 24, 2006, the AOC filed a motion to change venue from Hudson County to Mercer County, adjourn the return date and modify the briefing schedule set forth in the order to show cause. While initially, on June 9, 2006, the motion was denied, on August 4, 2006, the court granted a motion for reconsideration and signed an order to change venue to Mercer County. On August 23, 2006, this court signed an order setting a new return date and briefing schedule.

The facts are not in dispute. Harrison has its own municipal court and is governed by an elected Mayor and Council. East Newark, the smallest municipality in Hudson County, has its own municipal court and is governed by a Mayor and Council, as provided by N.J.S.A. 40A:60-2. East Newark seeks to enter into an Interlocal Services Agreement with Harrison for administration support services for the municipal court of East Newark.

In pertinent part, the agreement provides: (1) East Newark shall compensate Harrison for the administrative costs; (2) each court shall maintain its separate identity; (3) each court shall operate with its own budget, as approved by the respective governing bodies; (4) all court sessions shall be held in the Harrison municipal court; (5) each town shall appoint a judge to [516]*516sit in their respective courts; and (6) each matter mil be prosecuted by a duly appointed municipal prosecutor for each town.

Earlier this year, East Newark and Harrison advised Maurice J. Gallipoli, A.J.S.C., of their desire to enter into a shared services agreement to share administrative support services pursuant to N.J.S.A. 2B:12-1(c). Despite the sharing of services, the agreement provided for a separate judge and prosecutor for each town.

Thereafter, Judge Gallipoli consulted with the Acting Administrative Director (“Director”) of the Courts, Philip S. Carchman, J.A.D. Based on the language of N.J.S.A. 2B:12-1(c), the Director held the statute requires municipalities sharing municipal court services to also share a municipal court judge. As a result, the request was denied.

The Interlocal Services Act, N.J.S.A. 40:8A-1 authorizes municipalities to enter into a shared services agreement for municipal court services. Agreements of this nature are further governed by N.J.S.A. 2B:12-1(c), which provides as follows:

Two or more municipalities, by ordinance or resolution, may agree to provide jointly for courtrooms, chambers, equipment, supplies and employees for their municipal courts and agree to appoint the same persons as judges and administrators without establishing a joint municipal court. Where municipal courts share facilities in this manner, the identities of the individual courts shall continue to be expressed in the captions of orders and process.
[N.J.S.A. 2B:12-l(c).]

It is well established the plain language of a statute is the best indication of the legislative intent behind its enactment. State v. Duva, 192 N.J.Super. 418, 420, 470 A.2d 53 (Law Div.1983). Where the language of the statute is clear and unambiguous on its face, the plain meaning of the statute is controlling. O’Connell v. State, 171 N.J. 484, 488, 795 A.2d 857 (2002). Only where a reading of the statute’s plain language is subject to two conflicting interpretations should the court look to the legislative history of the statute as a means of determining legislative intent. State v. Sisler, 353 N.J.Super. 590, 596, 803 A.2d 700 (App.Div.2002).

Appropriately, the arguments by the AOC rely on fundamental principles of statutory interpretation, the placement of specific [517]*517words, phrases and punctuation. First, and foremost, the AOC argues the plain meaning of the statute requires the sharing of a municipal court judge. The word “and” connecting the phrase “may agree to provide jointly for courtrooms, chambers, equipment, supplies and employees for their municipal courts” with “agree to appoint the same persons as judges and administrators” is conjunctive.

The AOC submits the next sentence beginning with ‘Where municipal courts share facilities in this manner” supports the conclusion municipal courts may enter into an Interlocal Services Agreement under N.J.S.A. 2B:12-l(c), only by providing jointly for facilities, employees and the sharing of municipal court judges.

Furthermore, relying on the specific placement of commas, the AOC argues since the Legislature opted not to place a comma between the phrases “supplies and employees for their municipal courts” and “and agree to appoint the same persons as judges” the lawmakers intended the two phrases to be read in the conjunctive. See Weinacht v. Bd. of Chosen Freeholders, 3 N.J. 330, 335, 70 A.2d 69 (1949) (finding the absence of a comma to indicate that two statutory phrases should be read in the conjunctive).

Finally, the AOC argues the Legislature’s placement of the term “may” within the statute lends further support that N.J.S.A. 2B:12-l(c) mandates that municipalities that agree to share municipal court services must also share judges. The term “may” appears only once in the statute, at the beginning before the phrase “agree to provide jointly for courtrooms, chambers, equipment.” The AOC argues had the Legislature intended the phrase “agree to appoint the same persons as judges and administrators” to be read as a separate unit, it would have added the term “may” in the last phrase to read: “and may appoint the same persons as judges and administrators... In instances where the Legislature has carefully employed a term in one place and excluded it in another, the Court should not imply the word where excluded. GE Solid State, Inc. v. Dir. Div. of Tax., 132 N.J. 298, 308, 625 A.2d 468 (1993).

[518]*518East Newark argues the permissive “may agree” in the statute evidences the Legislature’s intent to allow municipalities the option of having the same judge and administrator, while maintaining a separate court by title.

The court disagrees. While the term “may” is a permissive term, the term is limited to providing municipalities the option of sharing administrative and facility costs.

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Bluebook (online)
915 A.2d 1116, 390 N.J. Super. 513, 2006 N.J. Super. LEXIS 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-municipal-court-of-the-borough-of-east-newark-njsuperctappdiv-2006.