10-3-9348 Merrill v. State of New Jersey, Law Div.—Atlantic Cy. (Armstrong, A.J.S.C.) (30 pp.) Plaintiff Norman L. Merrill, Jr. and plaintiff Tracey L. Franzosa were each charged with various motor vehicle violations. Prosecution of the violations has been held in abeyance pending the outcome of the instant litigation. Plaintiffs’ complaint challenges the constitutionality of N.J.S.A. 2B:12-4, asserting that the statute, which provides for the appointment of municipal court judges for three year renewable terms, is unconstitutional on its face. The court finds plaintiffs’ complaint does not reveal a legal basis for the granting of relief as to the unconstitutionality of N.J.S.A.2B:12-4, or the imposition of a Code of Ethics applicable to the Office of the New Jersey Attorney General and County Prosecutor’s Offices. The complaint is dismissed with prejudice for failure to state a claim.
