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Borough of Pemberton, NJ
Burlington County
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Table of Contents
Table of Contents
Code
New Laws (8) Index
[HISTORY: Adopted by the Borough Council of the Borough of Pemberton 12-20-1948 (Ch. 5 of the 1975 Code); amended in its entirety 9-19-2022 by Ord. No. 2022-3. Subsequent amendments noted where applicable.]
There is hereby established the Borough of Pemberton Municipal Court.
A. 
Territorial jurisdiction. The Borough of Pemberton Municipal Court shall have jurisdiction over cases arising within the territory of the Borough except as provided in N.J.S.A. 27:25-5.15.
B. 
Jurisdiction of specified offenses. The Borough of Pemberton Municipal Court shall have jurisdiction over the following cases within the Borough: violations of county and municipal ordinances; violations of motor vehicle and traffic laws; disorderly persons offenses, petty disorderly persons offenses and other nonindictable offenses except where exclusive jurisdiction is given to the Superior Court; violations of the fish and game laws; proceedings to collect a penalty where jurisdiction is granted by statute; violations of laws regulating boating, and all other proceedings where jurisdiction is granted by statute.
A. 
Judge of Municipal Court. The Judge of the Borough of Pemberton Municipal Court shall be a resident of the state and an attorney-at-law admitted to practice in New Jersey for at least five years.
B. 
Appointment, term of office and vacancy. The Judge shall be appointed by the Mayor with the advice and consent of the Borough Council for a term of three years from the date of appointment and until a successor is appointed and qualified. An appointment to fill a vacancy not caused by the expiration of term shall be for the unexpired term only.
C. 
Compensation. The Judge shall be compensated in accordance with the provisions of the Salary Ordinance.[1]
[1]
Editor's Note: The currently effective Salary Ordinance is on file in the Borough offices.
A. 
Municipal Court Administrator and other employees. A person who holds a municipal court administrator certificate issued by the Supreme Court shall be appointed by the Borough Council as the Borough of Pemberton Municipal Court Administrator. The Mayor shall appoint such other employees as may be deemed necessary for the operation of the Municipal Court. Compensation for each position shall be as set forth in the Salary Ordinance.
B. 
Powers of Municipal Court Administrator. Any process, order, warrant or judgment issued by the Borough of Pemberton Municipal Court may be attested in the name of the Borough of Pemberton Municipal Court Judge and signed by the Municipal Court Administrator. The Municipal Court Administrator shall have the authority granted by law and the Rules of Court.
C. 
Tenure and removal from office. A certified Municipal Court Administrator who shall have served continuously in the position for five years shall continue to hold the position during good behavior, and shall not be removed therefrom for political or other reasons except for good cause, upon written charges and after a public, fair and impartial hearing.
A. 
Borough Prosecutor qualifications, appointment and term. The Borough Prosecutor shall be an attorney-at-law of the State of New Jersey in good standing, and shall be appointed by the Borough Council for a term of one year from the date of his or her appointment.
B. 
Compensation. The Borough Prosecutor shall be compensated in accordance with the provisions of the Salary Ordinance.
C. 
Duties. The Borough Prosecutor shall, unless otherwise provided, represent the state, the county and the Borough in the prosecution of all offenses within the statutory jurisdiction of the Borough of Pemberton Municipal Court, including violations of the Borough ordinances and codes pertaining to zoning, land or property use regulation, property maintenance, building or construction. The Borough Prosecutor shall be responsible for handling all phases of the prosecution of an offense, including but not limited to discovery, pretrial and posttrial hearings, motions, dismissals, removals to Federal District Court and other collateral functions authorized to be performed by the Municipal Prosecutor by law or Rules of Court.
D. 
Removal. The Borough Prosecutor may be removed by the Borough Council for good cause shown and after a public hearing, and upon due notice and an opportunity to be heard.