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Tuesday, March 6, 2012

KAREN BROWN, ESQ. VS. CITY OF PATERSON, ET AL. A-0031-11T3

KAREN BROWN, ESQ. VS. CITY OF PATERSON, ET AL.

A-0031-11T3

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