State v. Ruotolo

The opinion of the court was delivered by

Proctor, J.

The sole question before us is whether an arrest warrant for a misdemeanor may constitutionally be issued by a deputy clerk of a municipal court, as permitted by statute and court rules. Defendant contends that a deputy clerk is not an impartial judicial officer as required by the United States Supreme Court’s interpretation of the fourth amendment.

The facts are undisputed. On February 6, 1967, defendant’s wife signed a complaint in the municipal court of New Brunswick charging that the defendant failed to support her and their two children…