2B:12-21. Officials authorized to act for court. a. An administrator or deputy administrator of a municipal court, authorized by a judge of that court, may exercise the power of the municipal court to administer oaths for complaints filed with the municipal court and to issue warrants and summonses.
b. A police officer in charge of a police station, other than an officer who participated in the arrest of the defendant, may exercise the power of the municipal court to administer oaths for complaints filed with the municipal court. Any police officer may issue summonses related to such complaints and may as authorized by the Rules of the Court issue a summons in lieu of an arrest for an offense committed in the officer's presence.
c. The authority of the municipal court to set conditions of pre-trial release may be exercised by an administrator or deputy administrator of a municipal court who is authorized by the judge of that court, or by any police officer in charge of a police station, other than an officer who participated in the arrest of the defendant. The authority may be exercised only in accordance with bail schedules promulgated by the Administrative Office of the Courts or by the municipal court.
d. Except as otherwise provided by the Rules of Court, a person charged with a non-indictable offense shall be released on summons or personal recognizance without unnecessary delay and within 12 hours after arrest unless a judge or court administrator has set the conditions for pretrial release and the conditions remain unmet.
e. A person acting for a municipal court by authority of this section shall immediately file the complaint, warrant, summons or recognizance which was the subject of the action with the municipal court.
Source: N.J.S.2A:8-27; N.J.S.2A:8-28.
Notes of Decisions
Simpson Juan v. Susan Sanchez, 339 F. App'x 182 (3d Cir. 2009).
“Court Rules 7:2-l(a) (incorporating N.J. Stat. § 2B:12-21). Even if he had the discretion to act, we agree with the District Court that Juan did not state a claim upon which relief can be granted for Furda’s decision not to prosecute the alleged offenses.”
State v. Anthony Sims, Jr. (085369) (Monmouth Cnty. & Statewide) (N.J. 2022).
· cites it 2× “A complaint issued by either a judge or another judicial officer authorized by N.J.S.A. 2B:12-21, based on a finding of probable cause, is “a written statement of the essential 1 As Judge Susswein observed, neither the Appellate Division majority nor the parties have cited any…”
State v. Anthony Sims, Jr. (085369) (Monmouth Cnty. & Statewide) (N.J. 2022).
· cites it 2× “A complaint issued by either a judge or another judicial officer authorized by N.J.S.A. 2B:12-21, based on a finding of probable cause, is “a written statement of the essential 1 As Judge Susswein observed, neither the Appellate Division majority nor the parties have cited any…”
Gray v. Trucillo (D.N.J. 2019).
· cites it 2× “” N.J.S.A. § 2B:12-21(a). This delegation of judicial authority in performing a quintessential judicial function makes Ms, Gerber immune from suit.”
State of New Jersey v. Antoine Dennis (N.J. Super. Ct. App. Div. 2024).
“shall be by certification or on oath before a judge or other person authorized by N.J.S.A. 2B:12-21 to take complaints." As we noted, the arrest warrant was submitted by certification and contained the signatures of the complaining detective and the sergeant who administered the…”
Malhan v. Porrino (D.N.J. 2020).
“In 2015, Rothstein filed an incident report with the Bayonne Police Department, reported that Plaintiff had harassed him by email, phone calls, and false allegations of sexual abuse, and voluntarily signed a certification in support of probable cause with the municipal court…”
Wael Nabelsi v. Holmdel Twp. (N.J. Super. Ct. App. Div. 2025).
“" N.J.S.A. 2B:12-21. Additionally, Rule 7:2-1 defines those able to sign a warrant after a 4 The companion provision of the TCA similarly immunizes the entity from liability for discretionary acts, judicial action or inaction, or administrative action or inaction of a judicial…”
N.J. Stat. § 2B:12-21(a): 5 cases
Gray v. Trucillo (D.N.J. 2019).
“” N.J.S.A. § 2B:12-21(a). This delegation of judicial authority in performing a quintessential judicial function makes Ms, Gerber immune from suit.”
State v. Anthony Sims, Jr. (085369) (Monmouth Cnty. & Statewide) (N.J. 2022).
“A complaint issued by either a judge or another judicial officer authorized by N.J.S.A. 2B:12-21, based on a finding of probable cause, is “a written statement of the essential 1 As Judge Susswein observed, neither the Appellate Division majority nor the parties have cited any…”
State v. Anthony Sims, Jr. (085369) (Monmouth Cnty. & Statewide) (N.J. 2022).
“A complaint issued by either a judge or another judicial officer authorized by N.J.S.A. 2B:12-21, based on a finding of probable cause, is “a written statement of the essential 1 As Judge Susswein observed, neither the Appellate Division majority nor the parties have cited any…”
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