cdTOCtest

D. Physical Appearance Before the Jury

Defendants who appear disheveled and dirty before
the jury through no fault of their own because the jail
refused to supply him some necessities such as food, soap,
water, a comb, and clean bedding will be entitled to a new
trail if denied a fair one and fundamental fairness. State
v. Maisonet, N.J. , ___ (2001).

JURISDICTIONJURISDICTIONJURISDICTIONJURISDICTIONJURISDICTION

(See also, APPEALS, COURTS, DISORDERLY

PERSONS, JUVENILES, VENUE, this Digest)

I. ORGANIZATION AND JURISDICTION OF

NEW JERSEY COURTS

Jurisdiction in a criminal case requires that the court

involved have jurisdiction over the defendant and the

offense. Jurisdiction over the person requires that the

defendant be brought personally before the court.

Goodlelt v. Goodman, 34 N.J. 358 (1961), cert. denied,

368 U.S. 855 (1961). Jurisdiction over the person can

be obtained by waiver. State v. Ashby, 43 N.J. 273

(1964). A court has jurisdiction over the offense when

the crime occurs within the territory in which the court

has power, State v. McDoweny, 49 N.J. 471 (1967), and

a crime is of a type over which the court has power. State

v. Smith, 6 N.J. Super. 85 (App. Div. 1949).

II. MUNICIPAL COURT (See also, DISOR-

DERLY PERSONS, this Digest)

A municipal court is a court of limited jurisdiction.

It does not have the authority to process an offense of the

third degree. A municipal court’s jurisdiction within its

geographical territory is limited to the following:

1. Violations of county or municipal ordinances;


2. Violations of the motor vehicle and traffic laws;


3. Disorderly persons offenses, petty disorderly
   persons offenses and other non-indictable offenses except
   where exclusive jurisdiction is given to the Superior
   Court;


4. Violations of the fish and game laws;


5. Proceedings to collect a penalty where jurisdiction is
   granted by statute;


6. Violations of laws regulating boating; and


7. Any other proceedings where jurisdiction is granted
   by statute.

See N.J.S.A. 2B:12-17; State v. Still, 330 N.J. Super. 50,

54 (App. Div. 2000).

Municipal courts also have jurisdiction over those

crimes where punishment does not exceed a sentence of