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May 7, 2024

Court consolidation gains steam

Communities split on joining municipal system

By CRAIG D. SCHENCK/Sentinel staff

MAYS LANDING — The countywide municipal court system proposed by Atlantic County Executive Dennis Levinson got a major boost recently but still has a long way to go before crossing the finish line.

Both houses of the state Legislature approved the required legislation June 22 and the state Superior Court decided to continue remote court proceedings for the foreseeable future.

Levinson said the news should help put to rest any lingering concerns of municipal officials who feared that without state legislative approval, the countywide municipal court system would not be in place by January 2022. 

“Senate President Steve Sweeney has been an enthusiastic supporter from the beginning and kept his word by introducing the legislation needed to create regional consolidated court systems,” Levinson stated in a news release. 

Another concern raised by some of the municipal police chiefs was the added time and expense of travel to Mays Landing where the county’s historic court house is located. The county offered the use of the facility for the centralized court.

“Officers have to travel to Mays Landing now for criminal court cases and to Atlantic City for civil cases, so I don’t see that as an issue,” Levinson stated. “And with the recent court notice that all but the most serious cases will continue to be handled remotely, those concerns are negligible.”

Levinson contends his plan would save taxpayers an average of 30 percent to 40 percent in annual court costs, but at least 10 municipalities would have to participate to make it work.

Perhaps more importantly, according to information the county presented before all of the governing bodies, a centralized court would be able to provide resources for addiction, mental health and other issues in one location where it could not at 23 independent courts. Other benefits of the proposal as presented include creating a uniformity of justice and helping bridge the digital divide. Kiosks would be provided in each municipality where residents could access the virtual court system if needed.

Levinson pointed to a financial comparison based on a pre-pandemic, three-year average of municipal court costs provided by the towns. Based on just 11 of 23 towns participating, the maximum savings with a consolidated court system would be more than 73 percent a year. The annual cumulative savings would be nearly $1.4 million, based on the comparison.

“It’s hard to argue with these facts and figures, but again, the choice is theirs,” he stated, referring to local governing bodies. “We are merely offering the opportunity to reduce duplication and realize cost savings.”

All aboard? No, but how many?

Each interested town must pass a resolution authorizing its participation in the countywide court beginning January 2022.

Northfield, which shares a court with Linwood, has been on board from the beginning but never officially committed. Mayor Erland Chau has been part of the group studying the proposal and working to implement it.

However, the two cities also have been in talks with Hamilton Township to form a combined court.

The agenda for the Northfield City Council meeting June 15 contained a resolution that would commit the city to joining the collective. After discussion, it was tabled.

Linwood, which is the lead agency in the combined court, tabled a resolution June 9 that would have approved the agreement with Hamilton after learning that the legislation had passed committee.

Linwood City Council President Ralph Paolone said the county can provide a better product at a reduced cost. Linwood plans to pass a resolution in support of the system at its meeting June 23.

It was not clear how many municipalities have gotten on board yet or what that even entails. Levinson had set a deadline of June 18 for towns to commit but that was an arbitrary date, according to Chau, and already has passed. 

Northfield Councilman Frank Perri said he was displeased with one facet of the agreement that required the participants to make up any deficit in their expected contribution of court fees.

Northfield Councilman Brian Smith explained that Northfield, based on the numbers provided by the county, would be required to contribute $108,491 in court fees annually through local violations. He said the city’s estimated fees are $135,000 based on a three-year average and that the city could also make money by bringing in more than the minimum required.

City solicitor Kris Facenda asked where the numbers came from and whether they were certified by the CFO. Chau said Dawn Stollenwerk had vetted the numbers and agreed with their accuracy.

Facenda seemed to be advising the safest route would be to go with Hamilton Township. He said the city is now paying $147,000 to Linwood and would be paying Hamilton just $80,000 for court services, and the city would get half of the surplus.

“Hamilton is not dead just tabled,” City Council President Tom Polistina said.

Facenda also had concerns about the blanks in the resolution — where numbers would be inserted based on how many municipalities participate — saying he “would feel better if they were filled in.”

Chau said nothing can be finalized until the number of participants is set, mentioning Egg Harbor Township and Estell Manor are committed to participating. Combined with Northfield and Linwood, that’s just four towns. 

But Levinson said there are more municipalities involved.

“The countywide municipal court proposal is moving forward. Ventnor, Linwood and Northfield are scheduled to approve agreements to participate this week. They would join Egg Harbor Township, Galloway Township, Estell Manor and Weymouth Township. Additionally, Hamilton Township and Mullica Township are reviewing the numbers and are potential participants,” he said.

Facenda recommended a resolution indicating a willingness to participate but on the condition the city solicitor have final approval. He also advised not adopting it until after Linwood does so, stating he has some questions that need to be answered first. 

“That gives the county assurance that we are committed,” he said.

Chau agreed.

Running short on time, with just one meeting in July and August, Northfield plans a special meeting at 5 p.m. Thursday, June 24 — after Linwood City Council meets June 23 — to pass the resolution of support for the countywide court system.

While it is unclear how many municipalities are on board or on the fence, what is clear is that Somers Point is not taking part, at least for now.

Somers Point City Council voted May 13 not to take part. Council President Janice Johnston said at the time there were too many uncertainties, including whether enough municipalities would join to make it feasible and whether the proposal would actually come to fruition by Dec. 31. 

Those questions remain unanswered six weeks later.

Reporting on the decision of the Countywide Court Subcommittee, Johnston said “We recommend at this time to not join the court consolidation.”

“We feel that at this time we didn’t get enough clear and concise answers,” she said, adding that the proposal was not as financially feasible for Somers Point as it is for other towns.

Reached June 19, Johnston said the city may reconsider.

“We have been asked to look at it again and sent a list of questions and clarifications to the county and are waiting for them to respond to that and we will look at it again,” Johnston said. “There are so many things that are not clear and concise.”

She said the financial aspect is really unclear.

“Without knowing how many committed you don’t know the real numbers,” she said.

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