Judge dismisses Warren County lawsuit over 911 fee revenues, allows 30 days to amend complaint

WARREN COUNTY, N.J. — A New Jersey Superior Court judge has dismissed Warren County’s lawsuit challenging the state’s use of 911 emergency communications fee revenues, ruling that the counties involved failed to establish a legal entitlement to the funds they sought.

In a 15-page order issued Tuesday, Oct. 20, Superior Court Judge Russell Wojtenko Jr. granted the state’s motion to dismiss the lawsuit without prejudice, allowing Warren County and four other counties involved in the case 30 days to amend their complaints.

Warren County Commissioner Deputy Director James R. Kern III expressed disappointment with the ruling in a Facebook post Tuesday, saying the county is considering additional legal action.

“The decision is disappointing, but it does not change the central concern: Warren County and all New Jersey residents pay a dedicated 911 fee on their phone bills while county taxpayers continue to bear the cost of operating and improving the emergency communications system that serves them,” Kern wrote.

According to the court order, Warren County and the other counties failed to identify a provision of state law requiring New Jersey to distribute a specific portion of 911 surcharge revenues to county governments. The court cited state statutes making counties and municipalities responsible for obtaining, operating and maintaining their emergency communications equipment and public safety answering points.

Although state law identifies authorized uses for 911 fee revenues, Wojtenko found that it does not require the state to distribute those revenues to counties or establish a formula for calculating a county’s share.

The judge also ruled that the financial relief requested by the counties was barred by the Appropriations Clause and Debt Limitation Clause of the New Jersey Constitution. According to the order, courts cannot compel the Legislature to appropriate state funds or direct the recovery of money already appropriated and spent during previous fiscal years.

The court also rejected the counties’ claims involving breach of fiduciary duty and unjust enrichment. Wojtenko determined that the law governing 911 revenues establishes a special account within the state’s general fund rather than a trust requiring the state treasurer to distribute money to counties.

The judge also found that the counties had not established a private right to sue under the federal laws and regulations cited in their complaints. The order noted that Congress assigned oversight and enforcement responsibilities involving federal 911 fee requirements to the Federal Communications Commission.

Although the court dismissed the complaints, it granted the counties permission to amend them within 30 days of the Oct. 20 order. The judge noted that amendments could prove unsuccessful because the deficiencies identified in the complaints involved legal issues rather than missing factual allegations.

Warren County originally filed its lawsuit Aug. 21, 2025, alleging that New Jersey had diverted revenues collected through monthly 911 surcharges away from their intended purpose of supporting emergency communications. According to the court order, Warren County filed an amended complaint Nov. 6, 2025.

Atlantic, Monmouth, Somerset and Sussex counties subsequently joined the litigation after their requests to intervene were granted between November 2025 and March 2026. Monmouth County also filed a separate complaint that included a claim based on federal law.

The case was heard in the Superior Court of New Jersey, Law Division, Mercer County, under docket number MER-L-2180-25. The counties sought an accounting of 911 fee revenues, recovery of allegedly improperly used funds and court orders preventing further diversion of money collected through the surcharge.

According to Warren County’s original complaint and Federal Communications Commission reporting cited in the county’s lawsuit, New Jersey collected more than $123 million in 911 fees in 2023 but spent approximately $13.1 million on eligible emergency communications purposes.

The county alleged that nearly $106.5 million was diverted to other uses, meaning less than 11 cents of every dollar collected was spent on eligible 911 services. The lawsuit also cited figures indicating that New Jersey collected approximately $1.75 billion in 911 fees between 2006 and 2023, with about 11% spent on federally eligible 911 expenses.

County officials argued that much of the remaining revenue had been directed toward other state budget items, including State Police operations and homeland security expenditures, rather than county-level emergency communications systems. The county’s complaint sought a full accounting of the fees collected, recovery of allegedly improperly used funds and a court order preventing future diversion of 911 revenues.

The Warren County Dispatchers Association, the union representing the county’s 911 dispatchers, also responded to the ruling in a Facebook post Tuesday.

The union thanked Warren County for its efforts to promote transparency and accountability in how 911 fee revenues are used. The association said proper funding of emergency communications is an investment in public safety, dispatchers and the communities they serve.

The New Jersey Association of Counties has also previously advocated for changes to the state’s handling of 911 surcharge revenues, calling for funding to be directed toward its intended emergency communications purposes.

Despite the dismissal, Kern said Warren County will review the ruling and consider its available options.

“The ruling will be reviewed carefully, with all potential next steps considered, including federal court and asking the Federal Communications Commission to investigate New Jersey’s collection and use of these revenues,” Kern wrote Tuesday.

“This remains a matter of public safety and accountability. Residents deserve transparency about how 911 fee revenues are collected and used.”

The court’s ruling did not determine whether every expenditure of New Jersey’s 911 fee revenues complied with federal requirements. Instead, the judge concluded that the counties had failed to establish legal grounds for obtaining the remedies they requested through the lawsuit.

The original complaint was filed in Warren County Superior Court before the case proceeded under the Mercer County docket.