It seems that the misconduct of allowing Court Administrators to forge the signatures of municipal judges is a practice in New Jersey. It appears that the Judges are on board with said practice. This Blog will provide example “Oaths of Office perceived to be signed by the Judge” to be compared the signature on the example criminal complaint in conjunction with a policy on the signing of complaints from a Nj Municipal Court Administrator which demonstrates that she believes she can sign the Judge’s signature at his instruction verses signing her on signature under her powers as a Court Administrator which is synonymous with Court Clerk. The question is posed if the law authorizes the Court Administrator to make probable cause findings and sign her own name, then why is she signing the Judge’s name?
18 U.S. Code § 505 – Seals of courts; signatures of judges or court officers does not appear to provide an exemption or exception to the conduct of a Court Clerk or Court Administrator in signing a Judge’s name with or without that Judge’s instruction, order or consent. The Criminal Code states as follows: “Whoever forges the signature of any judge, register, or other officer of any court of the United States, or of any Territory thereof, or forges or counterfeits the seal of any such court, or knowingly concurs in using any such forged or counterfeit signature or seal, for the purpose of authenticating any proceeding or document, or tenders in evidence any such proceeding or document with a false or counterfeit signature of any such judge, register, or other officer, or a false or counterfeit seal of the court, subscribed or attached thereto, knowing such signature or seal to be false or counterfeit, shall be fined under this title or imprisoned not more than five years, or both.” (June 25, 1948, ch. 645, 62 Stat. 714; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) Check out the article Lawyer Charged With Forging Signatures Of 7 Judges On Over 100 Court Document
“For any offense against the United States, the offender may, by any justice or judge of the United States, or by any United States magistrate judge, or by any chancellor, judge of a supreme or superior court, chief or first judge of the common pleas, mayor of a city, justice of the peace, or other magistrate, of any state where the offender may be found, and at the expense of the United States, be arrested and imprisoned or released as provided in chapter 207 of this title, as the case may be, for trial before such court of the United States as by law has cognizance of the offense. Copies of the process shall be returned as speedily as may be into the office of the clerk of such court, together with the recognizances of the witnesses for their appearances to testify in the case.” See 18 U.S. Code § 3041 – Power of courts and magistrates Check out the article Ex-Detroit court clerk sentenced in bribery scheme
“A United States judge or magistrate judge shall proceed under this section according to rules promulgated by the Supreme Court of the United States. Any state judge or magistrate acting hereunder may proceed according to the usual mode of procedure of his state but his acts and orders shall have no effect beyond determining, pursuant to the provisions of section 3142 of this title, whether to detain or conditionally release the prisoner prior to trial or to discharge him from arrest. (June 25, 1948, ch. 645, 62 Stat. 815; Pub. L. 89–465, § 5(a), June 22, 1966, 80 Stat. 217; Pub. L. 90–578, title III, § 301(a)(1), (3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 98–473, title II, § 204(a), Oct. 12, 1984, 98 Stat. 1985; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)” See 18 U.S. Code § 3041 – Power of courts and magistrates
In New Jersey, the municipal court clerk or deputy clerk is completely independent of any agency charged with the apprehension and prosecution of offenders. Pursuant to its power as set forth in Art. VI, § 2, par. 3 of the New Jersey Constitution, this Court promulgated R.R. 1:25C restricting the activities of court personnel. By R.R. 1:25C(a) (7), clerks and deputy clerks, as members of the judicial branch of government “shall not hold any elective public office, nor be a candidate therefor, shall not engage in partisan political activity, and shall not, without prior approval of this court, hold any other public office or position.”See State v. Ruotolo Annotate this Case 52 N.J. 508 (1968) 247 A.2d 1 STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANGELO B. RUOTOLO, DEFENDANT-APPELLANT. The Supreme Court of New Jersey. Decided October 21, 1968. Check out the article The judges signature on a court order was forged (and not well), how do I get the judge to verify that its not his signature?
In furtherance of this rule, this Court has instructed all municipal courts that “no municipal court employee or other employee assigned to serve a municipal court may have any connection *513 with the police department.” Municipal Court Bulletin Letter No. 68, p. 2, September 29, 1961.See State v. Ruotolo Annotate this Case 52 N.J. 508 (1968) 247 A.2d 1 STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANGELO B. RUOTOLO, DEFENDANT-APPELLANT. The Supreme Court of New Jersey. Decided October 21, 1968. Check out the article Court Clerk Charged With Forgery Receives Probation; Case Will Be Dismissed Tuesday
In the complaint-warrant we can see 1) the signature does not belong to the Municipal Judge, 2) the Signature is placed in a line that is for a “Signature and Title of Judicial Officer Issuing Warrant”. Check out the article Lawyer is accused of forging judges’ signatures on more than 100 documents
In State v. Ruotolo the NJ Supreme Court stated: “N.J.S. 2A:8-27 provides that “* * * any magistrate of a municipal court, any clerk or deputy clerk thereof * * * may, within the municipality wherein an offender may be apprehended, administered or take any oath, acknowledgment, complaint or affidavit to be used in the proceedings, issue warrants and summonses * * *.” R.R. 8:3-2(a) (2) states that “In the case of indictable offenses other than high misdemeanors and in instances of non-indictable offenses, if it appears from the complaint that there is probable cause to believe that an offense has been committed and that the defendant has committed it, a warrant for the arrest of the defendant shall issue to any officer authorized by law to execute it.”
R.R. 8:3-2(b)(1) provides in part: “The warrant shall be signed by the committing magistrate or tested in his name and signed by the person empowered by law to take complaints.” See also R.R. 3:2-2(a)(1) and R.R. 8:3-2(a)(1) with regard to high misdemeanors. It is clear that the statute and rules, read together, authorize a deputy clerk to issue an arrest warrant.” See State v. Ruotolo Annotate this Case 52 N.J. 508 (1968) 247 A.2d 1 STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANGELO B. RUOTOLO, DEFENDANT-APPELLANT. The Supreme Court of New Jersey. Decided October 21, 1968. Check out the article Attorney Accused of Forging Judges’ Signatures — 114 Times
“Although the clerks and deputy clerks are appointed by the governing authorities, as are most of the municipal court judges, there is no question that the branch of government to which a clerk or deputy clerk is responsible is the judiciary. Cf.In re Mattera, 34 N.J. 259, 266 (1961). As an official of the municipal court, he is as insulated from prosecutorial influence as is the judge of the court. Merely because he does not wear a robe does not detract from the clerk or deputy clerk’s neutrality.” See State v. Ruotolo Annotate this Case 52 N.J. 508 (1968) 247 A.2d 1 STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANGELO B. RUOTOLO, DEFENDANT-APPELLANT. The Supreme Court of New Jersey. Decided October 21, 1968. Check out the article Suspended attorney faces criminal charge for forging judge’s signature
“By its very nature probable cause is a standard which can be applied by laymen, so long as they exercise reasonable caution. It is a practical, non-technical concept, not requiring the complex weighing of factual and legal considerations which is the judge’s daily task. In issuing arrest warrants permitted by N.J.S. 2A:8-27 and R.R. 8:3-2, clerks and deputy clerks possess the neutral status and qualifications necessary to comport with the requirements of the fourth amendment.”See State v. Ruotolo Annotate this Case 52 N.J. 508 (1968) 247 A.2d 1 STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANGELO B. RUOTOLO, DEFENDANT-APPELLANT. The Supreme Court of New Jersey. Decided October 21, 1968. Check out the article Lawyer faces charges of forgery on court orders