Levine v. Mayor of Passaic

MARTIN, J.S.C.

The parties to this action, by way of cross motions for summary judgment, seek from the court (counts 1 and 2 of plaintiffs complaint) a ruling of whether N.J.S.A. 2A:8-5 can be limited in its term application by the appointing and confirming authority, in this instance, defendants, the Mayor and Council of the City of Passaic.

N.J.S.A. 2A:8-5 provides in part:

Each judge of the municipal court shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified.

Defendants, on October 1, 1987, reappointed plaintiff, a sitting…