RULE 1:33. Administrative Responsibility

1:33-1. The Chief Justice of the Supreme Court; Acting Chief Justice

The Chief Justice of the Supreme Court shall be responsible for the administration of all courts in the State. To assist in those duties the Chief Justice shall appoint an Administrative Director of the Courts who shall serve at the pleasure of and report directly to the Chief Justice. A full-time judge of any court of this State may be designated to serve temporarily as Acting Administrative Director, in which event such judge shall continue to hold, and shall only be paid the salary of such judicial office. If there is a vacancy in the office of Chief Justice, the senior justice shall serve temporarily as Acting Chief Justice. Seniority shall be determined by order of taking of oath as a member of the court. If the Chief Justice is absent or unable to serve, the senior justice shall serve temporarily as Acting Chief Justice.

Note: Source-R.R. 6:2-1A(b), 7:20-2(b), 8:13-3A, Const. of 1947, Art. VI, Sec. VII, par. 1; amended June 5, 1973, effective immediately; 5th, 6th and 7th sentences adopted October 30, 1973, to be effective immediately; amended January 16, 1975 to be effective April 1, 1975; amended June 20, 1979 to be effective July 1, 1979; amended October 26, 1983 to be effective immediately; amended June 29, 1990 to be effective September 4, 1990.

1:33-2. Court Managerial Structure

Note: Former rule redesignated R. 1:33-3 and new rule adopted October 26, 1983 to be effective immediately; paragraphs (a) (b) (d) and (e) amended June 29, 1990 to be effective September 4, 1990; paragraph (c) amended June 28, 1996 to be effective September 1, 1996.

1:33-3. The Administrative Director of the Courts

The Administrative Director of the Courts shall be generally responsible for the enforcement of the rules, policies and directives of the Supreme Court and the Chief Justice relating to matters of administration. At the direction of the Chief Justice and the Supreme Court, the Administrative Director shall promulgate a compilation of administrative rules and directives relating to case processing, records and management information services, personnel, budgeting and such other matters as the Chief Justice and Supreme Court shall direct. The Administrative Director also shall perform such other functions and duties as may be assigned by the Chief Justice or by rule of the Supreme Court.

Note: Former rule redesignated as R. 1:33-4 October 26, 1983 to be effective immediately. Source (Current Rule)-Formerly R. 1:33-2 redesignated as R. 1:33-3 and amended October 26, 1983 to be effective immediately; amended June 29, 1990 to be effective September 4, 1990.

1:33-4. Assignment Judges; Presiding Judge for Administration of the Appellate Division

Note: Former rule redesignated R. 1:33-6 October 26, 1983, to be effective immediately. Source (Current Rule)-R.R. 1:29-1, 1:29-1A, 1:29-2, 1:31-1, 3:11-5 (first sentence), 4:41-4(b) (first sentence); caption amended and paragraph (g) adopted November 1, 1985 to be effective January 2, 1986; paragraphs (a) (b) (e) and (f) amended June 29, 1990 to be effective September 4, 1990.

1:33-5. Trial Court Administrators-Case Coordinators

Note: Former rule redesignated as R. 1:33-9 and new rule adopted October 26, 1983 to be effective immediately; paragraphs (a) and (b) amended June 29, 1990 to be effective September 4, 1990.

1:33-6. Presiding Judges of Functional Units

Note: Source-R.R. 1:31-1, 6:2-1A, 7:7-2, 7:7-8, 7:7-9, 7:19-2 (first sentence), 7:20-2(a), 8:7-1 (third and fourth sentences), 8:13-3A. Formerly R. 1:33-4, redesignated and amended October 26, 1983 to be effective immediately; new paragraph (a) adopted and paragraphs (a), (b), and (c) redesignated (b), (c), and (d), respectively November 1, 1985 to be effective January 2, 1986; paragraphs (b) (c) and (d) amended June 29, 1990 to be effective September 4, 1990.

1:33-6A. Supervising Judges of the Special Civil Part

The Assignment Judge in each vicinage shall designate a Supervising Judge of the Special Civil Part, who shall be responsible for such supervisory and administrative duties for that Part as may be assigned by the Civil Presiding Judge. The Supervising Judge shall serve at the pleasure of the Assignment Judge and the Assignment Judge may designate the Civil Presiding Judge to be the Supervising Judge.

Note: New R. 1:33-6A adopted July 13, 1994 to be effective September 1, 1994.

1:33-7. Division Managers

There shall be on the staff of the Trial Court Administrator a Division Manager for each court-support unit within the vicinage who shall be appointed by the Administrative Director after consultation with the Assignment Judge. The Division Manager's responsibilities shall include the management, under the direction of the Presiding Judge and Trial Court Administrator, of such judicial-support personnel and resources as have been allocated to the Division Manager's functional unit by the Assignment Judge and Trial Court Administrator.

Note: Adopted October 26, 1983, to be effective immediately; amended June 29, 1990, to be effective September 4, 1990; amended July 14, 1992 to be effective September 1, 1992.

1:33-8. Probation Services

Note: Adopted October 26, 1983 to be effective immediately; paragraphs (b) (c) and (e) amended June 29, 1990 to be effective September 4, 1990.

1:33-9. Review of Administratively Recommended Facilities Disputes Dispositions

Any dispute between the county governing body and the Assignment Judge concerning the location, size, or other physical characteristics of courtrooms, chambers, office space or related facilities shall, at the request of either party, be resolved by submission of the dispute to arbitration. The number or selection of arbitrators may be stipulated by mutual consent of both parties to the dispute. If the parties fail to stipulate the names or number of arbitrators, the county governing body shall select one arbitrator, the Assignment Judge a second arbitrator, and the two arbitrators thus selected shall pick a third. In the event said two arbitrators are unable to agree upon a third arbitrator, the third arbitrator shall be selected by the American Arbitration Association in accordance with its procedures. The arbitrators' jurisdiction shall be limited to the consideration of disputes concerning the location, size, or other physical characteristics of courtrooms, chambers, office space or related facilities. The decision of the arbitrators is subject to review by the Supreme Court pursuant to the standards set forth in N.J.S.A. 2A:24-8 and -9 but, otherwise, shall be final, binding, and not subject to review unless the Supreme Court, on petition by the county or by the Assignment Judge, finds by clear and convincing evidence that the decision fails to balance the needs and interests of the county and the Judiciary in a fair manner.

Note: Adopted March 11, 1981 to be effective immediately. Formerly R. 1:33-5, redesignated October 26, 1983, to be effective immediately; paragraph (a) amended, new paragraph (b) adopted, former paragraphs (b), (c), (d), (e), (f), (g) redesignated as paragraphs (c), (d), (e), (f), (g) and (h) and amended December 31, 1987 to be effective December 31, 1987; paragraph (a) and former paragraphs (c) and (d) amended, paragraphs (b), (c), (d) and (e) adopted, and former paragraphs (b), (c), (d), (e), (f), (g) and (h) redesignated paragraphs (f), (g), (h), (i), (j), (k) and (l), respectively, July 14, 1992 to be effective September 1, 1992; new paragraph (m) adopted February 28, 1995 to be effective March 1, 1995; paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) and (l) deleted and paragraph designation (m) deleted and amended June 28, 1996 to be effective September 1, 1996.