Legislation is sponsored by Barnes,
Ramos, Caputo, Johnson, Wisniewski, Vainieri Huttle &
Burzichelli
(TRENTON) – Legislation sponsored by
Assembly Democrats Peter J. Barnes III, Ruben Ramos, Ralph Caputo, Gordon
Johnson, John Wisniewski, Valerie Vainieri Huttle and John Burzichelli to
authorize the Supreme Court to increase or add new court filing fees to help
fund the work of Legal Services of New Jersey, a non-profit that provides free
legal assistance in civil matters to individuals living below the poverty line,
as well as the modernization of the state’s court information system was
released Monday by the Assembly Budget Committee.
“New Jersey’s courts retain millions
of records. Yet the court’s computer antiquated computer system has contributed
to soiled information, high maintenance costs, and inefficiencies,” said Barnes
(D-Middlesex). “This bill helps cut down on maintenance costs and provides
better safe keeping of court records by funding the modernization of our court
systems. It also creates a more stable source of funding to support the
important work of Legal Services of New Jersey, as well as other organizations
and programs that provide legal services to residents who otherwise could not
afford it.”
The bill (A-3308) would
allow the Supreme Court to adopt rules to revise or supplement filing fees
payable to the court. All existing filing fees and other statutory fees could be
increased by no more than $50 in the aggregate for each fee. Revenue from the
fees would be used to fund the provision of legal assistance in civil matters by
Legal Services of New Jersey and its affiliates; and the development,
maintenance and administration of a statewide, computerized court information
system.
“Legal Services of New
Jersey provides an important service to people in our state who cannot afford
legal representation in civil cases, yet funding for it has been on a steady
decline,” said Ramos (D-Hudson). “By providing a more reliable source of funding
for this organization, we can ensure these residents don’t have to step into a
courtroom without proper legal representation.”
“Legal services can be
quite costly and not everyone can afford to hire an attorney to represent them
in a civil case, especially residents who are living below the poverty line,”
said Caputo (D-Essex)). “This bill would ensure that residents who struggle
financially have access to proper legal guidance. No one should have to forfeit
justice because they couldn’t afford to pay for an attorney.”
“Legal Services of New
Jersey has been a lifeline for low-income residents in need of legal assistance,
but that assistance is threatened by deep reductions in funding its main revenue
source, as well as from the current administration,” said Johnson (D-Bergen).
“In these times when so many people are unemployed and struggling economically,
maintaining this service is critical.”
“We cannot entrust
millions of court records to an antiquated computer system. The outdated
technology has not only led to high maintenance costs and inefficiencies, but
also performance declines,” said Wisniewski (D-Middlesex). “The trial courts for
example have a combined backlog of nearly 30,000 cases. In order to protect the
integrity of our court system, we must modernize.”
“Navigating the judicial
system can be daunting. No one should have to go at it alone, especially because
of money,” said Vainieri Huttle (D-Bergen). “This bill provides the funds that
will help Legal Services continue to offer free, legal services in civil cases
to those who can’t afford it, and help upgrade the courts’ antiquated computer
system for enhanced productivity at lower costs.”
“In addition to reducing
operating costs and boosting productivity, the benefits of adapting an e-Court
system include better outcomes for litigants and offenders, a standardized
delivery of justice services and immediate access to the courts,” said
Burzichelli (D-Cumberland/Gloucester/Salem). “It is time for our court system to
join the 21st century, modernize and start reaping the
benefits.”
The bill would establish
in the general fund a dedicated, non-lapsing fund to be known as the “21st
Century Justice Improvement Fund” into which Treasury would deposit annually a
sum equal to the revenue derived from the increase in the fees collected
pursuant to the bill.
To the extent that
sufficient funds are available, annual collections deposited into the “21st
Century Justice Improvement Fund” would be distributed as
follows:
·
The first $10.1 million would be appropriated
annually to treasury to facilitate the provision of legal assistance to the poor
in civil matters. This funding would supplement any funds appropriated from any
other sources to Legal Services;
·
The following $17 million deposited into the fund
would be appropriated annually to assist the courts in transitioning to a
computerized court information system (commonly referred to as “e-Courts”);
·
Any remaining funding would be retained by the
Judiciary for the sole purpose of developing, maintaining and administering
information technology.
The bill would require
the Administrative Director of the Courts to submit a report to the governor,
the President of the Senate and the Speaker of the General Assembly describing
the Judiciary’s use of the funding and its progress toward the development of a
statewide digital e-court information system. The bill also would require Legal
Services to submit to the governor, the President of the Senate, the Speaker of
the General Assembly and the state auditor a detailed financial statement
describing how funds were used for the provision of legal assistance to the
poor. In addition, the use of public funds received by Legal Services would be
subject to oversight by the State Auditor.
The bill would take
effect on July 1, 2013, except the Supreme Court would be permitted to
immediately propose rules for adoption. The authority of the Supreme Court to
supplement filing fees and other court fees would expire on the first day of the
seventh month following enactment, except that any fee revisions adopted during
that period would remain in effect.
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