Michael Symons

@MichaelSymons_

Nearly $50 million more in court fees may be paid in New Jersey each year

A law signed in August gives the courts the authority to raise its fees by March 2015

Even if voters reject bail reform in November, the courts’ authority to raise fees remains intact

The digital upgrade for the courts would lead to better online availability of court records

TRENTON – Going to court is going to cost more in New Jersey, starting in November.

The state judiciary last week proposed to raise 65 fees and create 17 new ones, under terms of a state law enacted this summer that authorized the increases to pay for a new system for assessing defendants for bail, a digital upgrade for the judiciary and funding for Legal Services of New Jersey.

Filing a lawsuit or appeal would cost $250, rather than $200. Filing for divorce would cost $300, rather than $250. Applying to expunge a criminal record would cost $100, rather than $52.50. Permits to carry a handgun would cost $50, up from $20, and appealing a denial of a permit to buy a handgun, which currently does not have a fee, would cost $50. Filing a small claim would run $35, up from $15, and filing tenancy complaints would double to $50.

Winnie Comfort, a spokeswoman for the state judiciary, said that not all the court’s fees are being raised. None increase by more than $50. She said the changes are forecast to generate $42 million to $49.4 million a year. Currently the courts collect about $82 million a year, not all of which is retained by the state. It amounts to only a fraction of the judiciary’s $692 million budget.

“Not all of them, by a long shot, went up $50. We were particularly sensitive to those fees that might be the most difficult for people to manage — small claims courts, a divorce filing when there’s any number of filings that need to be made. Those kinds of things. We tried hard to keep them within reason,” Comfort said.

Court fees were last revised in 2002.

The law allowing the fee increases specifies that $22 million of the resulting annual revenue is to be spent on new staff, electronic monitoring, drug testing and treatment services needed under bail reform voters will decide on the November ballot. Another $10.1 million would be paid to Legal Services, which provides legal aid to the poor in civil matters. And $10 million would go toward an electronic filing system as the courts move online and away from paper records.

Just 12 of 120 lawmakers opposed the bill. Among them is Sen. Sam Thompson, R-Middlesex, who said he wasn’t opposed to the higher fees, which he hasn’t reviewed since they were proposed. He is concerned the requirement that bail assessments be completed within 48 hours doesn’t leave enough time and that the pretrial services program will cost around $35 million a year, more than the $22 million being dedicated to it.

“The overall cost of that program is a concern,” Thompson said. “They didn’t really break down what that would be, and it has the potential to add an awful lot of employees and an awful lot of costs.”

Any revenues generated by the fee increase in excess of $42.1 million would remain in the judiciary and could offset more of those costs.

The higher fees are projected to take effect Nov. 17.

Michael Symons: 609-984-4336; msymons@app.com

Written comments about the new fees can be submitted through Oct. 15 to: Glenn A. Grant, J.A.D.; Acting Administrative Director of the Courts; Comments on Proposed Fee Schedule; Hughes Justice Complex, P.O. Box 037; Trenton, NJ 08625-0037.

Comments can also be submitted online through Comments.Mailbox@judiciary.state.nj.us.

The Supreme Court says it will not consider comments submitted anonymously and that people must include their name and either their address or email address, depending on whether they use traditional mail or email.

The Supreme Court will hold a hearing on the proposed fees Oct. 21 at 3 p.m. in its courtroom in Trenton. People must register in advance either through the mailing address or email address above.