Bill Text: NJ A261 | 2010-2011 | Regular Session | Introduced
Bill Title: Creates 12 additional Superior Court judgeships; establishes a Special Business Part in the Superior Court; provides for appropriations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Judiciary Committee [A261 Detail]
Download: New_Jersey-2010-A261-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman DAVID C. RUSSO
District 40 (Bergen, Essex and Passaic)
SYNOPSIS
Creates 12 additional Superior Court judgeships; establishes a Special Business Part in the Superior Court; provides for appropriations.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act creating 12 additional Superior Court judgeships and establishing a Special Business Part in the Superior Court, amending 2B:2-1, supplementing Title 2B of the New Jersey Statutes and making various appropriations.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Legislative findings. The Legislature of the State of New Jersey finds and declares that:
a. the quality and consistency of decision-making in the resolution of disputes in cases involving business and commercial disputes needs to be improved in order to enhance the fairness of process for business and commercial litigants and to make New Jersey a more attractive place for businesses to locate and expand; and
b. steps should be taken which will improve quality and predictability in business and commercial litigation accessible to litigants throughout the State of New Jersey, with due regard for considerations of efficient allocation of judicial resources; and
c. a Special Business Part should be created in order to afford accessible and efficient access throughout the State of New Jersey and the efficient allocation of judicial resources; and
d. the appointment of persons to sit as judges of the Special Business Part should take into account the knowledge of the law governing business and commerce and experience in business and commercial matters.
2. (New section) There shall be established in the Law Division of the Superior Court a Special Business Part.
3. (New section) The following matters shall be cognizable in the Special Business Part of the Law Division of the Superior Court:
a. business and commercial disputes involving contracts; the Uniform Commercial Code; banking; insurance; commodities; securities; corporations; non-profit corporations; partnerships; limited liability entities and associations; business trusts; competition among businesses; business reorganizations; dispositions of businesses; business combinations; shareholder, partner and member disputes; intellectual property matters; the termination of services to a business or an agreement not to compete; employment agreements with an executive officer or manager; and other commercial disputes as provided by the Rules of the Supreme Court; and
b. private actions authorized under federal law which may be heard in State court arising under federal law pursuant to which a federal agency regulates securities, commodities, energy, foods, drugs, telecommunication or transportation or other mercantile matters; and
c. business and commercial disputes where the parties to a contract have agreed in writing that the Special Business Part shall have jurisdiction; and
d. any other matters as may be provided by statute.
The Special Business Part shall not have jurisdiction over matters involving primarily consumer claims. As used in this act: "consumer claims" shall mean actions concerning the leasing, licensing or purchasing of real or personal property, the obtaining of credit or the contracting for services for cash or on credit if the property, credit or services are obtained for personal, family or household purposes. "Consumer claims" may include actions pursuant to the provisions of Title 56 of the Revised Statutes.
4. (New section) Matters cognizable in the Special Business Part shall be heard by a judge without a jury.
5. N.J.S.2B:2-1 is amended to read as follows:
2B:2-1. Number of Judges. a. The Superior Court shall consist of [441] 453 judges.
b. (1) The Superior Court shall at all times consist of the following number of judges, who at the time of their appointment and reappointment were resident of each county:
Atlantic 11
Bergen 28
Burlington 10
Camden 16
Cape May 4
Cumberland. 7
Essex 34
Gloucester 11
Hudson 24
Hunterdon 3
Mercer 9
Middlesex 24
Monmouth 18
Morris 16
Ocean 15
Passaic 17
Salem 3
Somerset 6
Sussex . 4
Union 20
Warren 3
(2) Additionally, the following number of those judges of the Superior Court satisfying the residency requirements set forth above shall at all times sit in the county in which they reside:
Atlantic 4
Bergen 12
Burlington 4
Camden 8
Cape May 2
Cumberland. 4
Essex 14
Gloucester. 6
Hudson 6
Hunterdon 2
Mercer 6
Middlesex. 8
Monmouth 4
Morris 6
Ocean 8
Passaic 6
Salem 2
Somerset 4
Sussex 2
Union 6
Warren 2
(cf: P.L.2001, c.250, s.13).
6. (New section) The Supreme Court of New Jersey may adopt Rules of Court appropriate or necessary to effectuate the purposes of this act.
7. There is appropriated to the Administrative Office of the Courts from the General Fund $4,080,000 for costs associated with the additional 12 judgeships created by this act.
8. This act shall take effect on the 180th day after the date of enactment.
STATEMENT
This bill creates a Special Business Part of the Law Division. By creating a separate part as opposed to a separate court of limited jurisdiction, the bill eliminates the need for a separate clerk and for separate facility.
The Special Business Part would have jurisdiction with respect to business and commercial disputes involving contracts; the Uniform Commercial Code; banking; insurance; commodities; securities; corporations; non-profit corporations; partnerships; limited liability entities and associations; business trusts; competition among businesses; business reorganizations; dispositions of businesses; business combinations; shareholder, partner and member disputes; intellectual property matters; the termination of services to a business or an agreement not to compete; employment agreements with an executive officer or manager; and other commercial disputes as provided by the court rules. The Special Business Part would also hear certain private actions authorized under federal law which may be heard in State court pursuant to which a federal agency regulates certain matters. The bill sets forth certain other instances such as business and commercial disputes where the parties to a contract have agreed in writing to the jurisdiction or other matters provided by statute. It would not have jurisdiction over consumer claims matters. Matters would be heard in the Special Business Part by a judge sitting without a jury.
In addition, this bill would create 12 new judgeships. These 12 judgeships would be unrestricted.
The bill also appropriates $4,080,000 to the Administrative Office of the Courts for costs associated for the additional 12 judgeships created by the bill.
