R. 1:33-9. — Review of Administratively Recommended Facilities Disputes Dispositions

Any dispute between the county governing body and the Assignment Judge concerning the location, size, or other physical characteristics of courtrooms, chambers, office space or related facilities shall, at the request of either party, be resolved by submission of the dispute to arbitration. The number or selection of arbitrators may be stipulated by mutual consent of both parties to the dispute. If the parties fail to stipulate the names or number of arbitrators, the county governing body shall select one arbitrator, the Assignment Judge a second arbitrator, and the two arbitrators thus selected shall pick a third. In the event said two arbitrators are unable to agree upon a third arbitrator, the third arbitrator shall be selected by the American Arbitration Association in accordance with its procedures. The arbitrators' jurisdiction shall be limited to the consideration of disputes concerning the location, size, or other physical characteristics of courtrooms, chambers, office space or related facilities. The decision of the arbitrators is subject to review by the Supreme Court pursuant to the standards set forth in N.J.S.A. 2A:24-8 and -9 but, otherwise, shall be final, binding, and not subject to review unless the Supreme Court, on petition by the county or by the Assignment Judge, finds by clear and convincing evidence that the decision fails to balance the needs and interests of the county and the Judiciary in a fair manner.