[HISTORY: Adopted by the Township Council of the Township of Lopatcong 12-30-1974
by Ord. No. 250 as Ch. 10 of the 1974 Code of the Township
of Lopatcong. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 35.
A Municipal Court for the Township of Lopatcong shall be established,
effective February 2, 1959, pursuant to the provisions of Chapter 264 of the
Laws of 1948, as amended and supplemented.[1]
[1]
Editor's Note: See N.J.S.A. 2A:6-1 et seq.
The name of the Municipal Court shall be the "Municipal Court of Lopatcong
Township."
The Municipal Court shall have a seal which shall bear the impression
of the name of the Court.
[Amended 2-19-1992 by Ord. No. 1992-02]
There shall be a Municipal Judge of said Municipal Court, who shall
be appointed by the Township Council and who shall serve for a term of three
years from the date of his appointment and until his successor is appointed
and qualified.
The Municipal Judge shall receive an annual salary as provided in the
Salary Ordinance, as amended,[1] to be paid in the same manner as the salaries of other municipal
officers are paid, and which shall be in lieu of all fees, costs and any other
allowances whatsoever.
[1]
Editor's Note: The current Salary Ordinance is on file in the
office of the Township Clerk.
The Municipal Court and the Municipal Judge thereof shall have, possess
and exercise all the functions, powers and duties and jurisdiction conferred
by the provisions of Chapter 264 of the Laws of 1948, as amended and supplemented,[1] or by any other law.
[1]
Editor's Note: See N.J.S.A. 2A:6-1 et seq.
[Amended 2-19-1992 by Ord. No. 1992-02; 5-5-1999
by Ord. No. 1999-12]
The Municipal Court of the Township of Lopatcong shall meet in the Township
Building on the first, second, fourth and fifth (when there is a fifth) Tuesday
of each month, except when a holiday, and additional sessions shall be held
as determined necessary by the Judge of the Municipal Court. The Court shall
meet at such time as the Judge shall designate.
[Amended 9-18-1991 by Ord. No. 1991-28]
A.
There shall be a Municipal Court Administrator, appointed
by the Township Council of the Township of Lopatcong, in accordance with current
civil service provisions. Before entering upon the duties of his office, the
Administrator shall enter into bond to the township, county and state, in
such amount and with such surety as may be required by law, the administrative
director of the courts or the Council.
C.
The Municipal Court Administrator shall:
(1)
Be authorized to attest in the name of the Judge, and
sign all writs, processes, commitments, search warrants, bench warrants and
subpoenas issued out of the Municipal Court.
(2)
Be authorized to administer or take any oath, acknowledgment,
complaint or affidavit to be used in Municipal Court proceedings.
(3)
Whenever the Judge is not available, have the power to
fix bail in such reasonable sums as he sees fit if the offense charged is
bailable and to take recognizances of bail with sureties.
(4)
Attend all sessions of Municipal Court, record all appearances
and the disposition of all cases, administer the oath to witnesses and assist
the Judge in the orderly conduct of the business of the court.
(5)
Transmit records of conviction as required by the County
Clerk, the administrative director of the courts or the director of the Division
of Motor Vehicles.
(6)
Attend to all correspondence of the Municipal Court,
send out notices of court matters and keep records and files of all court
cases not open to inspection except upon authorization from the Judge.
D.
The Municipal Court Administrator may serve as the Violations
Clerk upon the direction of the Township Council.
[Amended 2-19-1992 by Ord. No. 1992-02]
As determined necessary or advisable by the Township Council, a Prosecutor
for the Municipal Court may be appointed for the purpose of properly preparing
and prosecuting cases of a criminal or quasi-criminal nature which are brought
before the Municipal Court of the Township of Lopatcong. Said Prosecutor may
be appointed either on a temporary or yearly basis, but in no event shall
his term of office run for more than one year. Provision for the compensation
of said Prosecutor shall be made in the Salary Ordinance.[1]
[1]
Editor's Note: The current Salary Ordinance is on file in the
office of the Township Clerk.
[Added 9-18-1991 by Ord. No. 1991-28]
A.
There shall be a Deputy Municipal Court Administrator,
appointed by the Township Council of the Township of Lopatcong, in accordance
with the current civil service provisions.
C.
In the absence of the Municipal Court Administrator,
the Deputy Municipal Court Administrator shall have all the powers and duties
of the Municipal Court Administrator.
[Added 9-18-1991 by Ord. No. 1991-28]
The Violations Clerk shall:
A.
Accept appearances, waivers of trial, pleas of guilty
and payments of fines and costs in traffic offenses designated by the Judge.
B.
Collect and account for fines and costs imposed by the
Judge and issue receipts therefor in accordance with the rules governing the
courts.
C.
Conduct his office in a public building and in a prominent
place and post a schedule of fines and the following sign: "Violations Clerk
- Lopatcong Township Municipal Court."
D.
Deposit receipts daily, or as soon after receipt as practical,
in a bank or banks authorized to do business in New Jersey.
E.
Forward, monthly, moneys received by the Municipal Court
as fines or forfeitures, together with financial reports covering such funds:
(1)
To the Treasurer where such funds were received in the
course of enforcing township ordinances or regulations; and
(2)
To the Treasurer or to the custodian of the funds of
the county or to such state agency or officers, as the case may be, where
the moneys were collected in the course of enforcing state laws and regulations,
as provided by law.
[Added 12-28-1998 by Ord. No. 1998-35;
amended 5-5-1999 by Ord. No. 1999-13]
A.
Office created. There is hereby created the office of
the Municipal Public Defender of the Township of Lopatcong. The Municipal
Public Defender shall serve the Municipal Court of the Township of Lopatcong.
B.
Appointment. The Township Council shall appoint the Municipal
Public Defender and shall fill any vacancy in the office which shall be for
the unexpired term only.
C.
Qualifications. The Municipal Public Defender shall be
an attorney at law of the State of New Jersey, but need not be a resident
of the Township of Lopatcong.
D.
Term of office. The term of office of the Municipal Public
Defender shall be for one year commencing on January 1 and terminating on
December 31. The Municipal Public Defender may continue to serve in office
pending reappointment or appointment of a successor.
E.
Duties. It shall be the duty of the Municipal Public
Defender to represent, except in the case of temporary unavailability or conflict
of interest, any defendant charged with a crime as specified in N.J.S.A. 2B:12-18,
or, if in the opinion of the Municipal Court there is a likelihood that the
defendant, if convicted of any other offense, will be subject to imprisonment
or other consequence of magnitude and other duties as set forth in the statute
governing Municipal Public Defenders.
F.
Salary. The Municipal Public Defender shall receive compensation
on the per case basis in an amount as shall be fixed from time to time by
resolution of the Township Council.
G.
Municipal Public Defender application fee. Each individual
applying for representation by the Municipal Public Defender shall be required
to pay an application fee of $200, provided that such amount shall not exceed
the amount necessary to pay the cost of the Municipal Public Defender services.
The Municipal Court Judge may waive any required application fee, in whole
or in part, only if the Court determines, in its discretion, upon a clear
and convincing showing by the applicant, that the application fee represents
an unreasonable burden on the party seeking representation.
H.
Dedicated fund. The funds collected pursuant to Subsection G above shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Township of Lopatcong. Such funds shall be used exclusively to meet the cost incurred in providing the services of a Municipal Public Defender, including, when required, expert and lay investigation and testimony.
I.
Investigation of financial status of defendant. With
respect to each defendant entitled to and seeking representation by the Municipal
Public Defender, the Municipal Court shall make an investigation of the financial
status of each defendant and/or the defendant's legal guardians or parents
if the defendant is under the age of 18 years or otherwise incapacitated.
The investigation shall include the authority to require a defendant and/or
the defendant's legal guardians or parents to execute and deliver written
requests or authorizations required under applicable law to provide the Court
with access to records of public or private sources, otherwise confidential,
as may be of aid in evaluating eligibility.
J.
Collection. The Attorney for the Township of Lopatcong
shall be permitted, in the name of the Township of Lopatcong, to collect any
money due to the Township of Lopatcong by way of reimbursement for services
rendered by a Municipal Public Defender as provided by law.
K.
This section shall take effect immediately upon passage
and publication according to law [N.J.S.A. 40:69A-181(b)].
