Idea would save $, offer uniform justice, provide improved social services
By CRAIG D. SCHENCK/Sentinel staff
NORTHFIELD — The plan to create a centralized court system in Atlantic County could have far-reaching benefits beyond the estimated financial savings of 33 percent.
Increased accessibility, better allotment of local resources and uniformity of justice were all mentioned as advantages of the proposal during a presentation by Atlantic County Counsel Jim Ferguson and retired Superior Court Judge Mark Sandson last month before Northfield City Council.
But perhaps the most important aspect of the plan initiated by Executive Dennis Levinson is the access to and availability of social service agencies including experts in mental health, addiction and domestic violence.
Levinson said the social service aspect is included in the proposal because many offenders have a substance-abuse problem and mental health issues.
“While we have them in a situation where they are looking to be sentenced or fined or whatever it may be, we can treat them because there is a large percentage of these individuals that are repeat offenders,” he said. “We believe once we get them in court we can steer them toward social services that can help them.”
Sandson, who played an integral part in creation of the state’s drug court system, said the countywide municipal court would have specialized caseloads — violence cases, drug treatment cases and mental health cases, for example.
He said professionals with social service and mental health agencies cannot cover the 15 different courts currently operating among the county’s 23 municipalities but would be able to offer that type of assistance at a centralized location.
Sandson said a drug court-like program is part of the proposal.
“The county Prosecutor’s Office will staff it and a probation officer would be available at every session to connect people who want mental health treatment or addiction services,” he said, noting that type of service is available only at the state Superior Court level of the justice system.
Sandson said one problem is that minor drug-possession charges are not being indicted and the violators are missing out on a chance for assistance.
“Those are the addicts that need the most help and they are not getting treatment services,” he said, adding that treatment without supervision is not effective. “If we don’t deal with it, they’ll be back.”
Sandson said treatment of addiction and mental health issues is important for the community as well as the subjects.
“Municipal courts have no resources to provide these services,” he said. “They won’t go to 15 places but can offer it at a centralized court.”
The two men have been touring the county touting the benefits of centralized services.
Ferguson said the idea was initiated by Levinson, who sent a letter to every municipality in the county soliciting interest. He said 13 towns initially indicated their willingness to participate.
Crafting a plan
Ferguson said a group consisting of judges Julio Menendez, Louis Belasco and Sandson, as well as trial court administrator Howard Berchtold and municipal court coordinator Brian Jetter, studied the concept and began meeting biweekly in September 2020. A subcommittee of municipal officials also was involved.
Calling it a tri-part agreement, Sandson said the system would involve the county, municipalities and the Superior Court system.
Ferguson said the county would provide the site for the central court, the Government Services building, better known as the old criminal courthouse on Main Street in Mays Landing
He said the county would fund improvements to the building to provide two fully functioning courtrooms and a third that would be used largely by the grand jury but could also be used for other matters.
The county also would provide judges’ chambers and work areas for prosecutors and public defenders, as well as a 15-person administrative staff.
Under the proposal, two committees would be formed to oversee operations — a governance committee and a personnel committee — with five municipal representatives on each based on geography.
“You would have representatives from all areas of the county,” Ferguson said. “That body would report back to the municipalities and work in conjunction with the court official and the county official so that everyone would be involved in the process.”
The governance committee also would meet in the fourth quarter to formulate a budget for the upcoming year.
The personnel committee would determine the number of people needed, choose judges, prosecutors, public defenders and the administration, as well as make salary recommendations. The recommendations would go to the county executive for approval and then be submit to the county board of commissioners.
Ferguson said the plan is for municipal prosecutors and public defenders to work as independent contractors rather than being employees of the county, but the judges and administrative staff would be on the county payroll.
Participation advantages
Ferguson said the biggest concern raised by the Atlantic County Chiefs of Police Association is the travel time to Mays Landing. He said the Administrative Office of the Courts estimated 80 percent to 85 percent of cases during the COVID-19 pandemic have been handled virtually and that would be expected to continue. Only drunken driving or criminal matters sent back to a municipality would require police officers to testify in person.
Therefore, Ferguson said, municipalities would benefit because the officers would spend less time away from their beat by testifying from the local police station. In addition, the court would provide kiosks in every municipality where people could appear virtually if they do not have the ability to do so at home.
The plan would allow municipalities to keep the revenue generated from violations within their borders but the court cost would stay with the county.
“We believe that the towns would make out well,” Ferguson said, noting that the host court keeps all of the revenue in other joint systems.
“The county wouldn’t be doing that; the money would flow back to the city where the summons was written,” he said.
Another benefit would be the estimated 80 court sessions per month, with three per day, including Saturdays and Sundays, to accommodate people who work.
Police departments would benefit from the elimination of local court days in which an officer would have to stand guard. Under the proposal, the Atlantic County Sheriff’s Office would provide security, freeing up the local officer to patrol the streets.
“This program could create a tremendous savings to the municipality and actually give you revenue that more than offsets your contribution to the system and also allows you to make better use of your police resources,” Ferguson said.
Sandson also touted the ability for virtual testimony.
“That is a model that will save the public a ton of money and it represents an opportunity to attain a greater dose of justice as well,” he said.
Uniformity of justice
Sandson posed the questions, “Why is the state Superior Court involved?”
“It’s great that the taxpayers are saving a lot of money,” he said. “However, the paradigm in New Jersey, as you know, is that there are 565 municipalities and more than 400 separate municipal courts. It does not make economic sense, nor does it make sense from the standpoint of justice.”
He said consolidating the courts has advantages from the justice standpoint.
“On the outside of the Superior Court of the United States, over the façade when you walk in, it says ‘Equal justice under the law.’ We believe that a single, uniform municipal court in Atlantic County will provide for uniformity of justice,” Sandson said.
He said he has stood before every municipal court in the county during his 30 years of practicing law and sentencing can vary greatly.
“Uniformity of justice is important. Sometimes you get a better deal in one court than another,” he said.
Sandson said during a typical court session in the past, 100 people are gathered in the lobby. Some have lawyers and get in and get out, while others who do not can sit in the back all day and not even have their case heard.
“That could be avoided with more sessions. We simply can have a better municipal court,” he said.
Noting a news article he recently read about bridging the digital divide in America, Sandson said the state Superior Court has committed to establishing kiosks in every municipality for virtual appearances.
“We will provide more resources to bridge the digital divide, which is critical,” he said. “This is the new reality. I don’t think we’re ever going to go back to a place where there are going to be hundreds of people waiting to go and it’s 4 o’clock and they can’t get heard.”
“Uniformity of justice is extremely important and this will be a way to achieve that goal,” Sandson said.
Tight timeline
Ferguson said the biggest sticking point is that creation of the central court is dependent on legislation that would permit it. He said state statutes allow combined courts but not one run by a county.
He said a combined court is in operation in Bergen County but that was created under special legislation to operate a joint court system on a pilot basis.
Ferguson said the group proposed some amendments to state Senate President Stephen Sweeney and he found out two weeks ago that the legislation would go to committee in early May, then be subject to a vote by both chambers in June and if it passed those hurdles, would require Gov. Phil Murphy’s signature.
“If that happens, the county could take control of a municipal court system and the legislation would also provide the authorization to implement by January 2022, so we have an aggressive agenda here,” Ferguson said, adding that Northfield Mayor Erland Chau has been instrumental in the effort’s progress.
“He has been a big contributor with his ideas and comments,” Ferguson said. “He really is in favor of the project.”
“I firmly believe that the shared court is a win-win situation for everyone involved,” Chau said. “Yes, there is a lot of work to be done, but as we start getting more municipalities involved and committed, it becomes a clearer picture as to the financial aspects and what we need to do in terms of the logistics of creating this joint administration.”
Ferguson said the personnel committee would look at resumes and make recommendations. The state Constitution requires the judge of a combined court be approved by the governor, so the personnel committee would make the decision and forward the name or names to governor, who gets final approval
He addressed concerns raised about the proposal not coming to fruition. Northfield and Linwood share a court and are working with Hamilton Township to form a larger shared court but would have to put that on hold and hope the central court gets established.
Ferguson said every indication is that the legislation will be approved.
“It has the blessing, the strong blessing, of Senate President (Stephen) Sweeney,” he said. “I talked to his executive director a week ago and he assured me that they are moving forward with this and it will go to committee the first week of May.”
Ferguson also noted that Murphy created a grant to municipalities working on shared services.
County spokeswoman Linda Gilmore said Friday that the county was awarded a $150,000 Local Efficiency Achievement Program (LEAP) Challenge Grant from the state Department of Community Affairs to support a countywide municipal court system.
The county’s grant award must be used exclusively for the implementation of the countywide municipal court. Levinson said it will help offset start-up costs and any upgrades that may be needed at the courthouse.
Ferguson said there is an alternative if the legislation were not passed. State law allows for a combined court but one municipality must agree to be the lead agency. That would allow the plan to move forward, he said.
He railed against the home-rule tradition in New Jersey, saying it is outdated and inefficient.
“How can you tell your taxpayers that you want to have an inferior product just because it’s yours?” Ferguson said.
“I think we can do better, and when you have an opportunity where you can do better using state money and save money for the taxpayers at the same time, this plan accomplishes both of those ends,” Sandson said.