KAREN BROWN, ESQ. VS. CITY OF PATERSON, ET AL.
This appeal concerns N.J.S.A. 2B:12-5, which authorizes a
municipality, with the Assignment Judge's approval, to appoint
either an additional permanent municipal judge or a temporary
municipal judge. A permanent judge has a three-year term of
office, while a temporary judge's term is limited to one year.
We held that a municipality may not obtain the Assignment
Judge's permission to appoint an additional permanent judge and
then appoint a temporary judge instead, without obtaining the
Assignment Judge's approval for that appointment. On the record
presented, it was not an abuse of the trial judge's discretion
to preliminarily enjoin the municipality from terminating the
employment of plaintiff, a municipal judge, pending further
proceedings in the case. 02-17-12