Bill Text: NJ S159 | 2014-2015 | Regular Session | Introduced
Bill Title: Increases and makes uniform mileage reimbursement rate for sheriffs, constables, and other court officers for various duties performed.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-01-14 - Introduced in the Senate, Referred to Senate Judiciary Committee [S159 Detail]
Download: New_Jersey-2014-S159-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Senator GERALD CARDINALE
District 39 (Bergen and Passaic)
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Increases and makes uniform mileage reimbursement rate for sheriffs, constables, and other court officers for various duties performed.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning court officer mileage reimbursement rates, and amending various sections of Title 22A of the New Jersey Statutes and P.L.1991, c.177.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.22A:1-5 is amended to read as follows:
22A:1-5. For the service of subpoenas ad testificandum issued out of any of the courts of this State, there shall be allowed and paid as follows:
Serving each subpoena, thirty-five cents ($0.35).
Mileage, computed from the place where the subpoena is made returnable, for each mile actually traveled, [four] fifty-eight cents ([$0.04] $0.58).
The provisions of this section shall not apply to cases in behalf of the State where the officer serving such process is paid a salary or per diem.
(cf: N.J.S.22A:1-5)
2. Section 14 of P.L.1991, c.177 (C.22A:2-37.1) is amended to read as follows:
14. a. In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall be charged by the clerk and no service shall be performed until the specified fee has been paid:
(1) Filing of small claim, one defendant $15.00
Each additional defendant $ 2.00
(2) Filing of complaint in tenancy,
one defendant $25.00
Each additional defendant $ 2.00
(3) (a) Filing of complaint or other initial
pleading containing a counterclaim, cross-claim
or third party complaint in all other civil actions,
whether commenced without process or by summons,
capias, replevin or attachment where the amount
exceeds the small claims monetary limit $50.00
Each additional defendant $ 2.00
(b) Filing of complaint or other initial
pleading containing a counterclaim, cross-claim
or third party complaint in all other civil actions,
whether commenced without process or by summons,
capias, replevin or attachment where the amount
does not exceed the small claims monetary limit $32.00
Each additional defendant $ 2.00
(4) Filing of appearance or answer
to a complaint or third party complaint in all
matters except small claims $15.00
(5) Service of Process: Fees for service of process, including: summons by mail, each defendant; summons by mail each defendant at place of business or employment with postal instructions to deliver to addressee only; reservice of summons by mail, each defendant; postage for substituted service of process by the clerk upon the Chief Administrator of the New Jersey Motor Vehicle Commission in addition to the substituted service fee provided below; and wage execution by mail to a federal agency, shall be set by the Administrative Director of the Courts. The fee for service of process shall not exceed the postal rates for ordinary and certified mail, return receipt requested, and may include an administrative fee that shall not exceed $0.25 for each defendant served with process by mail. The total service of process fee shall be rounded upward to the nearest dollar. For the purposes of this paragraph, service of process means the simultaneous mailing by ordinary and certified mail, return receipt requested, to the defendant at the address provided by the plaintiff.
Reservice of summons or other original process by
court officer, one defendant $ 3.00
plus mileage
Each additional defendant $ 2.00
plus mileage
Substituted service of process by the clerk upon
the Chief Administrator of the
New Jersey Motor Vehicle Commission $10.00
(6) Mileage of court officer in serving or executing any process, writ, order, execution, notice, or warrant, the distance to be computed by counting the number of miles in and out, by the most direct route from the place where process is issued, at [the same rate per mile set by the State for other State employees] $0.58 per mile, and the total mileage fee rounded upward to the nearest dollar
(7) Jury of six persons $50.00
(8) Warrant for possession in tenancy $15.00
(9) Warrant to arrest, commitment
or writ of capias ad respondendum, each defendant $15.00
(10) Writ of execution or an order in
the nature of execution, writs of replevin and
attachment issued subsequent to summons $ 5.00
(11) For advertising property under execution
or any order $10.00
(12) For selling property under
execution or any order $10.00
(13) Exemplified copy of judgment
(two pages) $ 5.00
each additional page $ 1.00
b. (Deleted by amendment, P.L.2002, c.34).
c. (Deleted by amendment, P.L.2002, c.34).
d. (Deleted by amendment, P.L.2009, c.32).
(cf: P.L.2009, c.32, s.1)
3. Section 15 of P.L.1991, c.177 (C.22A:2-37.2) is amended to read as follows:
15. a. From the fees set forth in section 14 of P.L.1991, c.177 (C.22A:2-37.1), the clerk of the Special Civil Part of the Superior Court, Law Division, shall pay to officers designated by the Assignment Judge to serve process the following fees:
(1) Serving summons, notice or
third party complaint on one defendant $ 3.00
on every additional defendant $ 2.00
(2) Reserving summons or other
original process on any defendant $ 3.00
(3) Warrant to arrest, capias, or
commitment, for each defendant served $15.00
(4) Serving writ and summons in
replevin, taking bond and any inventory, against
one defendant $ 6.00
on every additional defendant $ 2.00
(5) Serving writ in replevin when
issued subsequent to service of summons,
against one defendant $ 5.00
on every additional defendant $ 2.00
(6) Serving order for possession
in replevin $ 4.00
(7) Serving writ of attachment and
making inventory, one defendant $ 4.00
on every additional defendant $ 2.00
(8) Serving and executing warrant
for possession in tenancy $10.00
(9) Every execution, or any order in
the nature of an execution, on a judgment, for
each defendant $ 2.00
b. For every mile of travel in serving or executing any process, writ, order, execution, notice or warrant, the distance to be computed by counting the number of miles in and out, by the most direct route from the place where process is issued, at [the same rate per mile set by the State for other State employees] $0.58 per mile, and the total mileage fee rounded upward to the nearest dollar.
c. In addition to the foregoing, the following fees for officers of the Special Civil Part shall be taxed in the costs and collected on execution, writ of attachment or order in the nature of any execution on any final judgment, or on a valid and subsisting levy of an execution or attachment which may be the effective cause in producing payment or settlement of a judgment or attachment:
(1) For advertising property
under execution or any order $10.00
(2) For selling property under
execution or any order $10.00
(3) On every dollar collected on
execution, writ of attachment, or any order [,] $ 0.10.
(4) In the event a judgment is vacated for any reason after a court officer has made a levy and thereafter the judgment is reinstated or the case is settled, the dollarage due the court officer on payment of the judgment amount or settlement amount again shall be taxed in the costs and collected.
d. In addition to the foregoing, the clerk of the Special Civil Part shall pay to officers designated by the Assignment Judge to serve wage executions on a federal agency an amount equal to the fee set by [either] the Administrative Director of the Courts pursuant to paragraph (5) of subsection a. of section 14 of P.L.1991, c.177 (C.22A:2-37.1) [or set pursuant to subsection d. of that section, whichever then may be applicable,] for each wage execution served.
(cf: P.L.2003, c.259, s.2)
4. N.J.S.22A:3-4 is amended to read as follows:
22A:3-4. Fees for criminal proceedings.
The fees provided in the following schedule, and no other charges whatsoever, shall be allowed for court costs in any proceedings of a criminal nature in the municipal courts but no charge shall be made for the services of any salaried police officer of the State, county or municipal police.
For violations of Title 39 of the Revised Statutes, or of traffic ordinances, at the discretion of the court, up to but not exceeding $33.
For all other cases, at the discretion of the court, up to but not exceeding $33.
In municipal court proceedings, the court shall impose court costs within the maximum limits authorized by this section, as follows:
a. For every violation of any statute or ordinance the sum of $2.00. The court shall not suspend the collection of this $2.00 court cost assessment. These court cost assessments shall be collected by the municipal court administrator for deposit into the Automated Traffic System Fund, created pursuant to N.J.S.2B:12-30.
b. For each fine, penalty and forfeiture imposed and collected under authority of law for any violation of the provisions of Title 39 of the Revised Statutes or any other motor vehicle or traffic violation in this State the sum of $.50. The court shall not suspend the collection of this $.50 court cost assessment. These court cost assessments shall be collected by the municipal court administrator for deposit into the "Emergency Medical Technician Training Fund" established pursuant to P.L.1992, c.143 (C.26:2K-54 et al.).
c. For every violation of any statute or ordinance the sum of $3 to fund the Statewide modernization of the Automated Traffic System. The court shall not suspend the collection of this $3 court cost assessment. These court cost assessments shall be collected by the municipal court administrator for deposit into the Automated Traffic System Statewide Modernization Fund, established pursuant to section 1 of P.L.2004, c.62 (C.2B:12-30.1).
The provisions of this act shall not prohibit the taxing of additional costs when authorized by R.S.39:5-39.
For certificate of judgment......... $4.00
For certified copy of paper filed with the court as a public record:
First page......... $4.00
Each additional page or part thereof......... $1.00
For copy of paper filed with the court as a public record:
First page......... $2.00
Each additional page or part thereof......... $1.00
In addition to any fine imposed, when a supplemental notice is sent for failure to appear on a return date the cost shall be $10.00 per notice, unless satisfactory evidence is presented to the court that the notice was not received.
CONSTABLES OR OTHER OFFICERS
From the fees allowed for court costs in the foregoing schedule, the clerk of the court shall pay the following fees to constables or other officers:
Serving warrant or summons, $1.50.
Serving every subpoena, $0.70.
Serving every execution, $1.50.
Advertising property under execution, $0.70.
Sale of property under execution, $1.00.
Serving every commitment, $1.50.
Transport of defendant, actual cost.
Mileage, for every mile of travel in serving any warrant, summons, commitment, subpoena or other process, computed by counting the number of miles in and out, by the most direct route from the place where such process is returnable, exclusive of the first mile, [$0.20] $0.58 per mile.
If the defendant is found guilty of the charge laid against him, he shall pay the costs herein provided, but if, on appeal, the judgment is reversed, the costs shall be repaid to the defendant. If the defendant is found not guilty of the charge laid against him, the costs shall be paid by the prosecutor, except when the Chief Administrator of the New Jersey Motor Vehicle Commission, a peace officer, or a police officer shall have been prosecutor.
(cf: P.L.2004, c.62, s.2)
5. N.J.S.2A:4-8 is amended to read as follows:
22A:4-8. For the services hereinafter enumerated sheriffs and other officers shall receive the following fees:
In addition to the mileage allowed by law, for serving every summons and complaint, attachment or any mesne process issuing out of the Superior Court, the sheriff or other officer serving such process shall, for the first defendant or party on whom such process is served, be allowed $22.00 and, for service on the second defendant named therein, $20.00, and for serving such process on any other defendant or defendants named therein, $16.00 each, and no more. If a man and his wife be named in such process they shall be considered as one defendant, except where they are living separate and apart.
Serving summons and complaint in matrimonial actions, in addition to mileage, $22.00.
Serving capias ad respondendum, capias ad satisfaciendum, warrant of commitment, writ of ne exeat, in addition to mileage, $48.00.
Serving order to summon juries and return, $8.00.
Serving every execution against goods or lands and making an inventory and return, in addition to mileage, $48.00.
For returning every writ, $2.00.
Executing every writ of possession and return, in addition to mileage, $48.00.
Executing every writ of attachment, sequestration or replevin issuing out of any of the courts, in addition to mileage, $48.00.
For serving each out-of-State paper, in addition to the mileage allowed by law, $25.00 for the first defendant on whom such paper is served, $20.00 for service on the second defendant named therein, and $16.00 for serving such paper on any other defendant or defendants named therein. If a man and wife be named in such paper, they shall be considered as one defendant, except where they are living separate and apart.
For serving or executing any process or papers where mileage is allowed by law, the officer shall receive mileage actually traveled to and from the courthouse, at the rate per mile of [$0.16] $0.58.
The sheriff shall be entitled to retain out of all moneys collected or received by him on a forfeited recognizance, whether before or after execution, or from amercements, or from fines and costs on conviction, on indictment or otherwise, whether such moneys are payable to the State or to the county treasurer of the county wherein conviction was had, 5%.
For transporting each offender to the State Prison, $0.58 per mile, but not less than $3.00 for each offender, to be certified by the keeper of the prison and the certificate to be delivered to the county treasurer of the county where the conviction was had [, $0.23].
EXECUTION SALES
When a sale is made by virtue of an execution the sheriff shall be entitled to charge the following fees: [On] on all sums not exceeding $5,000.00, 6%; on all sums exceeding $5,000.00 on such excess, 4%; the minimum fee to be charged for a sale by virtue of an execution, $50.00.
On an execution against wages, commissions and salaries, the sheriff shall charge the same percentage fees on all sums collected as those percentage fees applicable in cases wherein an execution sale is consummated.
When the execution is settled without actual sale and such settlement is made manifest to the officer, the officer shall receive 1/2 of the amount of percentage allowed herein in case of sale.
Making statement of execution, sales and execution fees, $10.00.
Advertising the property for sale, provided the sheriff or deputy sheriff attend in pursuance of the advertisement, $20.00.
Posting property for sale, $20.00.
For the crier of the vendue, when the sheriff proceeds to sell, for every day he shall be actually employed in such sale, $5.00.
Every adjournment of a sale, but no more than one adjournment shall be allowed, and if the sheriff shall have several executions against a defendant, he shall only be allowed for advertising, attending and adjourning, as if he had but one execution, $28.00.
Drawing and making a deed to a purchaser of real property, $75.00.
Drawing and making a bill of sale to the purchaser of personal property when such bill of sale is required or demanded, $20.00.
When more than one execution shall be issued out of the Superior Court upon any judgment, each sheriff to whom such execution shall be directed and delivered shall be entitled to collect and receive from the defendant named in such execution the fees allowed by law for making a levy and return and statement thereon, or for such other services as may be actually performed by him, and the sheriff who shall collect the amount named in said execution or any part thereof, shall be entitled to the legal percentage upon whatever amount may be so collected by him, but in case any such judgment shall be settled between the parties and the amount due thereon shall not be collected by either sheriff, then the percentage on the amount collected which would be due the sheriff thereon in case only one execution had been issued shall be equally divided among the several sheriffs in whose hands an execution in the same cause may have been placed.
The sheriff shall file his taxed bill of costs with the clerk of the court out of which execution issued, within such time as the court shall direct by general rule or special order, or, in default thereof, he shall not be entitled to any costs. If any sheriff shall charge in such bill of costs for services not done, or allowed by law, or shall take any greater fee or reward for any services by him done than is or shall be allowed by law, he shall be liable for the damages sustained by the party aggrieved including a penalty of $30.00, to be recovered in a summary manner, in the action or proceeding wherein the execution was issued or otherwise.
(cf: P.L.2001, c.370, s.5)
6. N.J.S.22A:4-11 is amended to read as follows:
22A:4-11. Mileage of sheriffs, constables and other officers for service of compulsory process.
Sheriffs, constables and other authorized officers shall receive mileage for every mile actually traveled in serving and executing any bench warrant, State warrant, capias ad testificandum or other compulsory process issued by any court of this State. Such mileage shall be computed from the court issuing such process and shall be at the rate per mile of [$0.10] $0.58.
For transporting a prisoner taken on such process, per mile, [$0.10] $0.58.
(cf: P.L.1964, c.210, s.2)
7. This act shall take effect on July 1, 2013.
STATEMENT
This bill increases to $0.58 per mile and makes uniform the mileage reimbursement rate for sheriffs, constables, and other court officers for various duties performed by such officers. These duties range from the service or execution of subpoenas, bench warrants, and other court orders to the transportation of parties in various court proceedings. While the current law provides different mileage reimbursement rates for court officers depending upon the duty performed, under the bill, all statutory references to mileage reimbursement are increased to establish a uniform $0.58 per mile reimbursement rate.
The bill would take effect on July 1, 2013, the first day of the new court year, which also coincides with the beginning of the State's new fiscal year.
