Judiciary Clerk 3, CSC Docket No. 2026-1056

BackgroundThe Judiciary, via the Administrative Office of the Courts (AOC), requests to extend for an additional year the reallocation of the Judiciary Clerk 3 and Judiciary Clerk 3, Bilingual in Spanish and English titles to the noncompetitive division of the career service on an interim basis.

Appellant's argumentIn its request to this agency, the AOC presents that in In the Matter of Judiciary Clerk 2 and Judiciary 3, and it Bilingual Variants (CSC, decided August 14, 2024), the Civil Service Commission (Commission) granted its request to reallocate the titles of Judiciary Clerk 3 (77130) and Judiciary Clerk 3, Bilingual in Spanish and English (77130C) to the noncompetitive division for a period of one year enabling the Judiciary to expedite permanent appointments to vacant positions in these titles. The August 14, 2024, decision specified that at the end of the interim period, the Judiciary Clerk 3 titles would revert to the competitive division.

BackgroundThe AOC indicates that with the initial reallocation period having ended on August 24, 2025, the Judiciary, in consultation with the Judiciary Council of Affiliated Unions (JCAU), requests that the Commission extend the interim reallocation for an additional year. The AOC explains that the Judiciary faces staffing shortages and recruitment challenges. Further, while it notes that this agency announced an open competitive announcement for Judiciary 3, including bilingual titles, historically, even with multiple eligible list promulgations per year, vacancy rates have exceeded the number of available candidates as illustrated by a recent poll of Vicinages which identified many current vacancies for Judiciary Clerk 3 positions as well as numerous anticipated vacancies over the next year based on upcoming retirements and turnover. It states that the Commission’s previous decision to permit interim reallocation has noticeably relived staffing shortages in these titles. To sustain this progress and ensure continuity of operations, the Judiciary, with the joint support of the JCAU, request a one-year extension of the interim reallocation of Judiciary Clerk 3 (regular and bilingual) titles to the noncompetitive division. The Division of Agency Services indicates that it agrees with the request.

Titles to be reallocated:

From: To:

Judiciary Clerk 3 Judiciary Clerk 3

77130 Competitive Noncompetitive

Judiciary Clerk 3, Judiciary Clerk 3,

Bilingual in Spanish & English Bilingual in Spanish & English

77130C Competitive 77130C Noncompetitive

CONCLUSION

RuleN.J.A.C. 4A:3-1.2(a) provides that the Commission shall allocate and reallocate career service titles between the competitive and noncompetitive divisions.

N.J.A.C. 4A:3-1.2(c) provides that a job title may be placed in the noncompetitive division on an ongoing or interim basis when it is determined by the Commission that it is appropriate to make permanent appointments to the title and one or more of the following criteria are met.

Analysis1. Competitive testing is not practicable due to the nature of the knowledge, skills, and abilities associated with the job;

2. Certification procedures based on ranked eligible lists have not or are likely have not or likely to meet the needs of appointing authorities due to such factors as salary, geographic location, recruitment problems, and working conditions; or

3. There is a need for immediate appointments arising from a new legislation program or major agency reorganization.

RuleN.J.A.C. 4A:3-1.2(e) provides, in pertinent part, that prior to any reallocation from the competitive to noncompetitive division, whether on an ongoing or interim basis, an administrative review shall be conducted and notice of the proposed reallocation shall be sent to affected appointing authorities and negotiations representatives. The notice shall designate the period of time, which in no event shall be less than 20 days, during which written comment may be submitted, and may provide for a public hearing.

AnalysisBased on the above circumstances, ample reason exists to extend the reallocation of the Judiciary Clerk 3 (77130) and the Judiciary Clerk 3, Bilingual in Spanish and English (77130C) titles to the noncompetitive division of the career service on an interim basis, for one year, which will allow the Judiciary to expedite permanent appointments in vacant positions in these titles, which shall prevent any disruption of services.1 Therefore, the Commission grants this request pursuant to N.J.A.C. 4A:3-1.2(c). It is noted that the employees appointed to these titles would need to serve current working test periods, since appointments cannot become permanent until successful completion of a working test period pursuant to N.J.A.C. 4A:4-5.1, et seq.

Also, it is noted that the affected negotiations representative had ample notice as this request was made pursuant to an agreement between the parties. Finally, this decision is based on the unique facts of this case and does not set a precedent for any other matter.

ORDER

It is ordered that the reallocation of the Judiciary Clerk 3 (77130) and Judiciary Clerk 3, Bilingual in Spanish and English (77130C) titles to the noncompetitive division of the career service on an interim basis, be extended for one year, to allow the Judiciary to expedite permanent appointments in vacant positions in these titles. At the end of this period, these titles will be returned to the competitive division of the career service. The effective date of this action will be the beginning of the first pay period that follows the Commission’s approval.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.