Judge Dismisses New Jersey 911 Fee Lawsuit
A court ruled that state law does not mandate the distribution of 911 surcharge revenues to New Jersey counties.
Updated on Oct. 21, 2026 in Law
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A New Jersey Superior Court judge has dismissed a lawsuit filed by Warren County and four other counties regarding the state's use of 911 fee revenues. The court ruled that the state is not legally required to distribute these funds to local governments.
Why it matters
The lawsuit centered on claims that New Jersey diverted substantial 911 surcharge revenue away from emergency communications systems. The judge determined that current state law establishes these fees as general funds rather than a trust for counties.
In 2023, New Jersey collected $123 million in 911 fees, with $106.5 million of that amount diverted to non-eligible uses. Only $13.1 million was spent on eligible emergency purposes during that year.
The players
Russell Wojtenko Jr.
He is the New Jersey Superior Court judge who presided over the case and issued the 15-page order of dismissal.
Warren County
This is the primary plaintiff and the first jurisdiction to file suit regarding the distribution of state 911 revenues.
The details
Judge Russell Wojtenko Jr. dismissed the case without prejudice, citing legal deficiencies in the counties' arguments under the New Jersey Constitution. The court granted the plaintiffs 30 days to amend their complaints, though the ruling emphasized that municipalities currently bear the responsibility for their own emergency equipment maintenance.
Timeline
From 2006 to 2023, New Jersey collected approximately $1.75 billion in 911 fees.
In 2023, the state collected $123 million in total 911 fees.
Warren County filed the original lawsuit on August 21, 2025.
On November 6, 2025, Warren County filed an amended complaint.
The court issued the order dismissing the lawsuit on October 20, 2026.
Political Context
The ruling reinforces the state government's broad discretion under the New Jersey Constitution's Appropriations Clause. Opposition from the counties argues this structure fails to provide necessary funding for local emergency infrastructure.
The court's decision affirms that local municipalities remain financially responsible for their own emergency communications equipment. Residents should be aware that this ruling may influence local budget planning for public safety systems.
The takeaway
This ruling highlights the difficulty of challenging state revenue allocation under current constitutional frameworks. Counties seeking to address funding shortages for emergency services may need to pivot toward federal intervention or local legislative remedies.
Further reading
For more information on legal developments in the state, visit New Jersey Law.
Source note: This article includes information reported by WRNJ Radio.
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