AOC old sample test questions Flashcards

1
Q
The Judge must sign
A failure to appear notice
B proposed suspension notice
C drivers license suspension notice
D All of the above
A

C

DL Suspension

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2
Q

What is true of the Appeal Process?
A. There is no time limit as to the time which you must file an Appeal
B. Entering appeal information in the ATS case notes is sufficient notice to the MVC
C. The Judge can stay the sentence at the time of conviction pending defendants decision and the judge’s approval to file an appeal
D. non of the above
E. All of the Above

A

D

Non of the above

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3
Q

Discovery on Traffic offenses should be provided:
A. for all Traffic offenses
B. by the Court Administrator
C. By the Municipal Court Judge
D. by the private or Municipal Prosecutor

A

D

by the prosecutor

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4
Q
R7:14-4 sates that; monies received by a court as fines and forfeitures, together with the financial reports covering such funds, shall be forwarded by the court on or before the \_\_\_\_\_ day of the month?
A. 10th
B. 15th
C. 20th
D. 30th
A

B

15th

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5
Q

What is the purpose of Bail?
A. insure that funds are available for payment of fines and costs
B. serves as preventive detention for uncooperative defendants
C. Insures that the defendant will appear at every stage of the proceedings
D. None of the Above
E. All of the Above

A

C. Insures that the defendant will appear at every stage of the proceedings

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6
Q

NJSA 2C:6-1 Bail cannot exceed what amount for a crime in the fourth degree, disorderly persons offense, and petty disorderly persons offense

A

$2500

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7
Q

For crimes and offenses to be eligible for expungement they must not be statutorily prohibited and

A

All fines, penalties, assessments, programs, and periods of incarceration or probation must have been completed

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8
Q

if someone requests information on a file which has been expunged what should you say?

A

We have no record

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9
Q

An authorized Municipal Court Administrator or Deputy may set bail only in accordance with (Directive #9-05)
A. bail Schedule 1
B. Bail schedule 2
C. The local Bail policy established by the municipal Judge

A

B. Bail schedule 2

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10
Q

According to Directive #9-05 when a defendant is released on his/her own recognizance what monetary amount of bail is used

A

None

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11
Q

Per Robert Lipscher memorandum of February 24, 1988, personal checks should be accepted in cases where offenses charged in not serious and the amount of bail is not great. In municipal court bulletin letter #164, October 1968 non serious offenses are defined as?

A

All matters in which the municipal Court Judge has authority to set bail

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12
Q
Sound recordings and stenographic records of proceedings made pursuant to R 7:8-8 must be retained for 
A. 3 years
B. 7 years
C. 10 years
D. 5 years
A

D. 5 years

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13
Q

Which of the following is not a requirement for bail?
A. A manual receipt for cash bail
B. A manual receipt for non-cash bail
C. A bail recognizance contract
D. Entry of surety and insurance information for non-cash bail

A

B. A manual receipt for non-cash bail

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14
Q

The maximum time limit for issuance of a temporary driving permit is?

A

6 hrs

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15
Q

What should the court do when receiving an underpayment by mail?
A. Deposit the check and enter in ATS/ACS
B. Deposit check and enter in ACS as a miscellaneous payment
C. Hold the check back and inform the defendant that the whole amount has not yet been received
D. Hold the check until the defendant sends the balance

A

A. Deposit the check and enter in ATS/ACS

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16
Q
A complaint can be dismissed:
A. At the defendants request
B. By the Court Administrator
C. by the Judges signature on the ticket
D. by the Judge in open court, and on the record
A

D. by the Judge in open court, and on the record

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17
Q

When is judicial probable cause determination not required?
A. whenever a police office issues and is the complainant of the summons
B. Whenever an arresting warrant is being sought
C. Before issuing a summons in a private citizen complaint
D. None of the above

A

A. whenever a police office issues and is the complainant of the summons

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18
Q
The time goal on the dispostion of Municipal Court complaints, regardless if it is criminal or traffic in nature is
A. 30 Days
B. 60 Days
C. 90 Days
D. 120 Days
A

B. 60 Days

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19
Q

The document that governs the professional and outside activities of the judiciary employees is known as :
A the 1985 Municipal Court Procedure Manual
B the Criminal Code of Conduct NJSA 2C
C the Code of Conduct of judiciary employees
D The municipal Court Administration Certification Board Manual

A

C the Code of Conduct of judiciary employees

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20
Q

The violations Bureau Schedule is a list of:
A. the Courts in the State of NJ
B The municipal Courts hours of operation
C Payable Offenses
D All of the Above

A

C Payable Offenses

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21
Q
All Indictable offenses must be placed on
A CDR 2
B CDR 1
C Special Form of Complaint
D CDR 1 or CDR 2
E All of the Above
A

D CDR 1 or CDR 2

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22
Q
The first Court appearance for a defendant that remains in custody shall be conducted within 7:3-1(a)
A 48 hours
B 72 hours
C 12 hours
D 24 Hours
A

B 72 hours

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23
Q
If a defendants remains in custody, bail shall be set within 7:3-1(b)(2)
A 48 hrs
B 72 hrs
C 12 Hrs
D 24 hrs
A

C 12 Hrs

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24
Q

All out of town bail should be processed in

A

ATS

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25
Q

What is the proper procedure to refund bail to the surety and use a portion for payment:
A Write on check for the full amount made payable to the surety and have the surety write a personal check to the court
B Write two checks made payable to the surety and have the surety endorse the one and give back to the court to be used for payment
C Make one check payable to the surety and one made payable to the municipal court

A

B Write two checks made payable to the surety and have the surety endorse the one and give back to the court to be used for payment

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26
Q

Pursuant to R 1:30-3, the time of the court is established by;
A the Municipal Court Judge
B The Assignment Judge
C The Court Administrator
D A superior Court Judge providing it is the same vicinage

A

A the Municipal Court Judge

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27
Q

According to NJSA 2B:12-7 The municipal Court Judge must;
A be a resident of NJ and admitted to the bar for 1 year
B Be a resident of NJ and admitted to the bar for 5 years
C Be available to sit for the Municipal Court on the full time basis

A

B Be a resident of NJ and admitted to the bar for 5 years

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28
Q

According to NJSA 2B:12-12 bonding is required for
A those performing bookkeeping functions in the municipal court
B the MC administrator only
C The municipal township finance officer
D The MD Judge, Administrator and a blanket bond for all MC personnel

A

D The MD Judge, Administrator and a blanket bond for all MC personnel

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29
Q

Per Rule 7:10-1 on defendants motion a case may be re-open and a new trial granted, pursuant to time limitations:
A - Time limit based on new discover evidence shall be within -
B - time limit based on fraud or lack of jurisdiction is
C Time limit based on any other grounds shall be within

A

A 2 years - new discover evidence
B Any time
C 20 days of judgement

Time to appeal

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30
Q

If requested by the Municipal Prosecutor a Court Administrator may issue a subpoena to obtain information from telecommunication and internet providers.

A

NO

Can not subpoena information for telecommunication and internet

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31
Q

A disorderly person’s conviction can carry
A Severe consequences tot he defendant
B Imprisonment up to 6 months and fines up to $1000
C Imprisonment up to 30 days and fines up to $500

A

B Imprisonment up to 6 months and fines up to $1000

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32
Q

To print a blank bail waiver in ATS/ACS
A Access the bail procedures menu
B Access the copy of the warrant screen
C Access complaint processing menu

A

B Access the copy of the warrant screen

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33
Q

Once you reconcile the monthly bail cashbook, then ending adjusted account balance should match to:
A Part 3 of the monthly bail cash book, total cash bail on account
B Part 1 of the monthly bail cashbook, total monies received
C both A and B
D Neither A or B

A

A Part 3 of the monthly bail cash book, total cash bail on account

LOOK INTO THIS

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34
Q
Victims of Domestic Violence can seek relief:
A Where the incident occurred
B Where the defendant lives
C Where the victims lives
D Where the victim is sheltered
E All of the Above
A

E All of the Above

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35
Q

Name the Municipal Court Core Values

A

Independence
Integrity
Fairness
Quality of Service

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36
Q

The Municipal Court Administrator Certification board is established pursuant

A

NJSA 2B:12-11

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37
Q

the NJSA which provides the Court Administrator or Deputy Court Admin of the municipal Court the power to administer oaths for complaints filed with in the Municipal court and to issue CDR 1 and CDR 2

A

2B:12-21 (a)

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38
Q

the NJSA which provides the Court Admin or Deputy Court Admin of the MC the power to set conditions of pre-trial release in accordance with the bail schedules promulgated by the AOC

A

2B:12-21(c)

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39
Q

Code of Conduct for Judiciary employees consists of how many Canons?

A

8

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40
Q

The maximum fine a municipality may impose for a first time violation of a municipal ordinance is: PL205,c269 January 5,2006

A $500
B $1250
C $2000

A

C $2000

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41
Q

Juvenile Matters are heard in the Family part of the Superior Court with the exceptions:
A Curfew
B Title 39
C smoking
D Helmet - bicycle-skateboarding-roller skating
E All of the Above

A

E All of the Above

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42
Q

Corporation - parking tickets- 7:6-2a(2) Who can appear on behalf of a corporation.

A

An authorized officer

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43
Q

If a corporation fails to appear and service was duly made can the judge proceed to hear the complaint?

A

A not guilty plea is entered and the case is heard

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44
Q

What is - Supervision of the time and events involved in the movement of a case through the court system from point of initiation to disposition, regardless of the type of disposition?

A

Case Flow Management

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45
Q

When Does case management begin? When does the clock start?

A

MV - when issued on the street

CRIMINAL - when certified by police or Prob Cause is found by authorized court personnel and complaint is issued

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46
Q

When does the clock stop?

A

DISP, TPAY, CLOS, DSUS, WARR, TRAN to 0089

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47
Q

When does the clock never end?

A

HELD, RSTR, TRAF, RWAR, EWAR, TRAN other than to 0089

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48
Q

Annual reports for outside employment should be filed by what date?

A

Jan 15

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49
Q

Establishing a standard for safeguarding and securing the Judiciary computers and networks and technical infrastructure is part of what policy?

A

The IT Security Policy

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50
Q

The 1983 ACT which informs the public employees of chemical hazards in the workplace is called?

A

NJ Worker and community right to know act.

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51
Q

What are the Three branches of Government?

A

Executive - manages and directs
Legislative - create laws
Judicial - decides cases according to law

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52
Q

Who is the current Chief Justice of the Supreme Court?

A

Judge Stuart Rabner

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53
Q

What is the NJSA statute encompasses the Municipal Courts

A

2B

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54
Q

What court rule encompasses the Municipal courts?

A

R: 7

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55
Q

Rule 7:14-3 allows for cases to be called in what order?

A
Applications for adjournments
Un litigated Motions
Arraignments
Guilty Pleas
Litigated Motions
Contested with ESQ
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56
Q

According to 2B:12-4, a judges appointment is
A. 5 years
B 3 years
C as long as the government wants

A

B 3 years

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57
Q

How old must a domestic violence defendant be?

A

18 or emancipated

58
Q

What is an emancipated minor?

A
  • is or has been married
  • Has served in the Military
  • Has a child or is pregnant
  • Previously declared by the court or administrative agency
59
Q

What is the time frame to file an appeal?
A. 10 days
B. 1 year
c. 20 days

A

c. 20 days

60
Q

How do you define time?

A

Past, Present, Future

61
Q

Name the charging documents?

A
CDR/ eCDR 1 - summons
CDR/ eCDR 2 - warrant
Special form of complaint
Uniform Traffic ticket or PATS
notice in lieu of complaint (like a warning)
62
Q

Can court cost be charged to complaintant? 2B:12-24

A

When the judge finds the filing was not in good faith

63
Q

Explain the difference between expressed authority vs implied authority

A

EXPRESSED - municipal - written law

IMPLIED - Superior - Meaning or intent of the law

64
Q

Effective June 29, 2006 new legislation was passed concerning traffic tickets with death or injury. What must be done?

A

Must be transferred to Superior Court

65
Q

Crimes are defined in terms of the period of imprisonment to which a person may be subject if convicted

A

Over 6 months of imprisonment

66
Q

R3:2-1(b) provides that indictable complaints must be transferred to the county prosecutor within?

A

48 hrs

67
Q

What is the time frame in which a parking ticket may be dismissed if the court fails to either issue a warrant or order a suspension of driving privileges?

A

3 years

68
Q

The definition of a complaint

A

The written statement of facts alleging that an offense has been committed and the defendant committed it

69
Q

Consequences of Magnitude is determined by:

A

Any sentence of imprisonment
Any period of driver license suspension
Fines of $800 or more

70
Q

The Public Defender Fee can not exceed?

A

$200

71
Q

A summons rather than a warrant will issue unless a judicial officer finds one of the following conditions set forth in:

A
R3:3-1c
Reason to believe the defendant will not appear
Defendant is a danger to self or others
Other Outstanding Warrants
ID
Prior FTA
Impact crime
72
Q

Who may SERVE a subpoena?
A. Law enforcement officer
B Any person over the age of 18
C All of the Above

A

C All of the Above

73
Q

What is Subpoena Duces Tecum?

A

Orders a person to bring certain records with them to court

74
Q

If a defendant wishes to appeal as indigent he applies?
A Municipal Court
B Superior Court

A

B Superior Court

75
Q

If a defendant is indigent who pays for the cost of the transcript?

A

County expense if statute violation

Municipality if ordinance violation

76
Q
RETENTION SCHEDULE
DWI
Financial
Criminal
Traffic
Sound Recordings
A
DWI   15 years
Financial    7 years
Criminal     6 years
Traffic         3 years
Sound Recordings    5 years
77
Q

There are certain title 39 offense which are DP offenses, give an example

A

39:3-29.8A - display of fictitious ID
39:5C-1 - racing or making a speed record
These offenses can be found on ACS table in RMDS

78
Q

What form of process is used for the title 39 DP offenses?

A

Special Form of complaint or CDR 1

79
Q

Court Deposits shall be made within

A

48 hours

80
Q

Statue of limitations for NJSA 2C:1-6

A

DP 1 year
PDP 1 year
Ordinance 1 year

81
Q

Title 39 what are the exceptions to the 30 day statue of limitations?

A

DWI 90 days
REVOKED 90 days
Uninsured 6 months

82
Q

What offenses can be placed on a Special Form of Complaints?

A

DP/PDP, except those involving DV or companion with indictable
local ordinance
Code and Penalty enforcements
Boating
Parking and traffic where a private citizen is complaintant

83
Q

Pursuant to R 7:2-2(a)(1) can a code enforcement officer issue a SC?

A

R 7:2-2(a)(3)
a code enforcement officer can issue a SC if it is within the scope of his duties and within his territorial jurisdiction

84
Q

State v Dangerfield? April 2002

A

Use of Special Complaint instead of CDR1 for minor DP

no respect

85
Q

Can a Police Officer issue a SC without judicial finding of probable cause?

A

YES if the complaint is made by a law enforcement officer , they can issue and check the box “Law enforcement use only”

86
Q

No warrant can be issued on a parking ticket unless?

A

more than two tickets - not in the same 24 hrs

87
Q

Amendment to R 7:6-2(d0 become effective on 9/1/04 allowing the prosecutor to submit an approval plea agreement form to the court only when?

A

The original charge in on the statewide and local VB

88
Q

Pursuant to R 1;13-1 you may only correct clerical mistakes on UTT, Substantive changes may not be made.
Examples of clerical and substantive errors

A

CLERICAL - DL#, DOB eye, sex, spelling of name

SUBSTAANTICE - statue, ordinance, date and time

89
Q

Justice should be

(What’s our line?) three basic ideas

A

Fair
Efficient
Prompt

90
Q

Three methods of developing your staff

A

Training
Coaching
Performance feedback

91
Q

What is MBWA?

A

Manage By Walking Around

92
Q

What are the 4 C of trust

A

Caring
Clarity
Consistency
Commitment

93
Q

What are the 4 C in team

A

Collaboration
Coordination
Collegiality
Coaching

94
Q

On ken’s three types of time are

A

Boss -imposed time
System -imposed time
Self - imposed time

95
Q

A tool for organizing yourself and others is making a list and dividing into?

A

Positive active tasks

reactive tasks

96
Q

What is Drucker’s Rule?

A

How your time currently is used or misused.

The more capable your staff, the more you accomplish with less stress

97
Q

What is the 80% - 10% rule? “The Pareto Principle”

A

80% always against change (reactive thinkers)

20% in favor of change (creative thinkers)

98
Q

What theory concludes and individual’s supervisor is the critical factor in productivity and success?

A

Gallup Research

99
Q

Average Managers are distinguished from great by (Gallup Research)

A

Productivity
Profitability
Customer Satisfaction
Employee retention

100
Q

CRIB - Management tool to get mutual purpose

A

Commit
Recognize
Invent
Brainstorm

101
Q

What is sandwich technique?

A

Begin with praise
Constructive feedback
End with praise

102
Q

Symptoms of lack of control

A

Overcrowded court sessions
Large number of cases in backlog
Multiple adjournments

103
Q

The court supervision of case progress that explicitly recognizes that cases vary in resource requirements (judicial, staff, Atty) to achieve timely and just dispositions

A

DCM

Differentiated Case Management

104
Q

Self Actualizations, Esteem, Social, Safety and Physiological are know as

A

Maslow’s needs

105
Q

Steps used to introduce change are

A

Identification
Assessment
Action

106
Q

RESPECT Drivers

A
Recognition
Empowerment
Supportive feedback
Partnering
Expectations
Considerations
Trust
107
Q

Leaders increase ROI

what is ROI?

A

Relationships
Outcomes
Improvements

108
Q

The seven habits:

A
be positive
Begin with the end in mind
Put first things first
Think Win-Win
Seek first to understand, then to be understood
Synergize
Sharpen the saw
109
Q

Administrators have two principal ways to elicit better performance from people

A

Training and motivation

110
Q

What is a crucial conversation is a discussion between two or more people where

A

The stakes are high
the opinions vary
the emotions run strong

111
Q

Define Delegate

A

to authorize and send as one’s representative

to commit or entrust to another

112
Q

When is it necessary to have a crucial conversation?

A
Safety issues
Low productivity
Diversity issues
Quality service problems
hot issues and topics
113
Q

What is the core of a successful conversation?

A

Free flow of relevant information

People being open and honest

114
Q

Explain the Pygmalion-effect/expectation Cycle;

A

Expectations are matched

Expectations are formed, communicated, come true

115
Q

What are some immediate responses to change?

A

Fear
confusion
resistance
Ambiguity

116
Q

Six principles of Leadership?

A
Power of Self-mastery
Power of focus
Power with the people
Power of persuasive communication
Power of execution
Power of giving
117
Q

Three steps to use when introducing change

A

Identification
Assessment
Action

118
Q

Motivation will give a reason to act. What are some challenges against motivation?

A

Increase workload
home life just as busy
working in teams

119
Q

Good work environment is when your staff feels

A

Respected and empowered

120
Q

Barriers to communication for sender

A

Own agenda
Insufficient information
Negativity
Not conveying the vision of the judiciary

121
Q

Barriers to communication for receiver

A

Not understanding
Not giving feedback
distractions
family and personal issues

122
Q

External Barriers to communication

A

Noise
Disruptions
Phone calls
Emails

123
Q

The stages of team development model

A

Preparation
Alignment
Achievement

124
Q

What type of subpoena is used for production of documentary evidence?

A

Subpoena Duces Tecum

125
Q

What is the motion to quash subpoena?

A

to set aside

126
Q

Can the Court Administrator issue and investigative subpoena?

A

NO

127
Q

Is personal service of a subpoena necessary?

A

Yes R 1:9-3

128
Q

Do you need to reissue subpoena every time the case is rescheduled for court?

A

No a subpoena is good for the witness until the case is disposed

129
Q

The Court Admin or Deputy must accept for filing and issue all complaints unless they do not have a name or address for the defendant T/F

A

F
must accept all
not always issue

130
Q

As a general rule the records of the MC are open for public inspection, subject to exclusions specified in the confidentiality of court record rule 1:38 T/F

A

True

131
Q

Public Defender fees should be placed on a time payment order if a defendant cannot pay the entire fee assessed. T/F

A

F

Can never be on Tpay

132
Q

Bail can be placed on a CDR1 if the Court Administrator feels it is necessary T/F

A

F

Bail is never on a CDR1 or summons

133
Q

Ordinance complaints may be alleged in the CDR1 or CDR2 forms if the officer deems it appropriate. T/F

A

F
Ordinance should be SC
Officers do not determine CDR2 it must meets criteria

134
Q

A bail receipt is the same as a bail recognizance T/F

A

F
Receipt is for cash/check deposit with the court
Recog is a contract with def and surety to return to court

135
Q

The MC Judge may modify the bail on non-indictable offenses. T/F

A

True

136
Q

When processing a bail reinstatement you must write a check from the general account to the bail account T/F

A

True - reinstatement is the vacated/void the bail forfeiture and puts the monies back into the bail account

137
Q

You must enter “RA” in the appeals status field to remove an appeal from the monthly case status report (cases on appeal section) T/F

A

True

???

138
Q

If a complaining witness does not have the defendant’s name, the court may refuse to take the complaint T/F

A

False, must accept all complaints for filing

139
Q

All Indictable charges must be on a warrant

A

F

only if it meets the warrant criteria

140
Q

A person who has been sentence to one day jail can service this time in court room if the judge orders.

A

False

141
Q

Per Directive #9-05 only the judge can approve a monetary amount of bail to be set when the defendant is being ROR.

A

False

ROR has no monetary bail