Title
Dept/ Agency: Office of the Mayor
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Professional Service Contract
Purpose: Visiting Judges to preside over Court sessions in the event of the unavailability of the Newark Municipal Court’s full-time judge.
Entity Name:
1. Honorable Michael A. Hackett, J.M.C.
2. Chandra L. Rainey Cole, J.M.C.
3. Honorable Wilfredo Benitez, J.M.C.
4. Honorable Marvin Thomas Braker, J.M.C.
5. Honorable Lindal Louise Scott-Foste, J.M.C.
6. Honorable Steven Brister, J.M.C.
7. Honorable Rashidah N. Hasan, J.M.C.
8. Honorable Rhea L. Moore, J.M.C.
9. Honorable Theresa Pollard, J.M.C.
10. Honorable Farrah Irving, J.M.C.
Entity Address: See Exhibit A Attached
Contract Amount: Not to exceed $175,000.00
Funding Source: 2025 Budget/Office of the Mayor, Municipal Court/NW011-010-0107-71280-2025
Contract Period: January 1, 2025 through December 31, 2025
Contract Basis: ( ) Bid ( ) State Vendor ( X ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
As authorized by Cross-Assignment Order of the New Jersey Superior Court Assignment Judge for Essex County Vicinage.
body
WHEREAS, the Newark Municipal Court (the “Newark Municipal Court”) wishes to retain the services of Visiting Municipal Court Judges (the “Visiting Judges”) to preside over court sessions in the event of the unavailability of the Newark Municipal Court’s full-time judges due to illness and vacations; and
WHEREAS, the Cross-Assignment Order from the New Jersey Superior Court Assignment Judge for Essex County has authorized all Municipal Court Judges in Essex County be designated as Acting Municipal Court Judges for every Municipal Court; and
WHEREAS, the services provided by Visiting Judges are considered professional services, which are exempt from the requirement of public bidding pursuant to the Local Public Contracts Law, more specifically N.J.S.A. 40A:11-5(1)(a)(i); and
WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A-11-1 et seq.) requires that notice of the award of contracts for “Professional Services” without competitive bidding must be published in a local newspaper; and
WHEREAS, the total Contract sum is for an amount over $17,500.00, and the contracts are being award pursuant to a “Non-Fair and Open Process” pursuant to N.J.S.A.19:44A-20.5; and
WHEREAS, the Visiting Judges have completed and submitted a Business Entity Disclosure Certification, which certifies that they have not made any reportable contributions to a candidate committee in the City of Newark in the previous one (1) year, and that the Contract will prohibit the Visiting Judges from making any reportable contributions through the term of the Contract; and
WHEREAS, the Newark Municipal Court wishes to utilize the services of the Visiting Judges, pursuant to the Cross-Assignment Order, to preside over court sessions in the event any of the Newark Municipal Court’s full-time judges are not available, and enter into Professional Services Contracts, whose sum total amount shall not to exceed One Hundred Seventy-Five Thousand Dollars and Zero Cents ($175,000.00).
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Chief Judge of Newark Municipal Court is authorized to utilize the Judges listed below to retain the services of Visiting Judges who shall preside over court sessions in Newark Municipal Court, as needed, in the event of the unavailability of Newark Municipal Court’s full-time Judges for the period of January 1, 2025 through December 31, 2025:
1. Honorable Michael A. Hackett, J.M.C.
2. Honorable Chandra L. Rainey Cole, J.M.C.
3. Honorable Wilfredo Benitez, J.M.C.
4. Honorable Marvin Thomas Braker, J.M.C.
5. Honorable Lindal Louise Scott Foster, J.M.C.
6. Honorable Steven Brister, J.M.C.
7. Honorable Rashidah N. Hasan, J.M.C.
8. Honorable Rhea L. Moore, J.M.C.
9. Honorable Theresa Pollard, J.M.C.
10. Honorable Farrah Irving, J.M.C.
2. The compensation for each Visiting Judge, upon submission to and approval by the Chief Judge of invoice/timesheet shall be at the rate of $450.00 per day (herein defined as three (3) or more hours per day) or $300.00 for half day (herein defined as less than (3) hours per day). The total amount authorized pursuant to this Resolution shall not exceed $175,000.00.
3. The Contracts awarded pursuant to this Resolution (“Contracts”) are ratified from January 1, 2025 to the date of adoption of this authorizing Resolution.
4. The contracts are awarded without competitive bidding as Professional
Service contracts in accordance with N.J.S.A. 40A:11-5(1)(a)(i) of the Local Public Contracts Law, and are awarded pursuant to the “Non-Fair and Open Process” within the meaning of the New Jersey Local Unit Pay to Play Law (N.J.S.A. 19:44A-20.5 et seq).
5. The Contracts are awarded as open-ended contracts, pursuant to N.J.S.A.
5:30-5.5(a)(2). Pursuant to N.J.A.C.5:30-5.5(a)(2), attached hereto are
Partial Certifications of Funds from the Director of the Department of
Finance, which state that funds in the amount of $7,000.00, per Visiting
Judge is available in the 2025 Budget.
6. The authorization to utilize the list of Visiting Judges is hereby ratified from
January 1, 2025, until the date of adoption of this authorizing Resolution.
7. Notice stating the nature, duration, service, and amount of the contracts shall printed in the City’s official newspaper.
STATEMENT
This Resolution ratifies and authorizes the Chief Judge of the Newark Municipal Court to engage the services of Visiting Judges, pursuant to Cross-Assignment Order of the New Jersey Superior Court for Essex County, to preside over court sessions in the event any of the Newark Municipal Court’s full-time judges are not available. The contracts are authorized for the period commencing January 1, 2025 and ending December 31, 2025, and the sum total of the contracts is for an amount not to exceed $175,000.00.