Township of Stafford, NJ
Ocean County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Stafford 2-26-1985 by Ord. No. 85-17. Amendments noted where applicable.]

§ 31-1 Establishment.

A Municipal Court of the Township of Stafford, in the County of Ocean, has been established pursuant to the provisions of N.J.S.A. 2A:8-1 et seq.

§ 31-2 Title.

The name of said Municipal Court shall be the "Municipal Court of the Township of Stafford, in the County of Ocean."

§ 31-3 Seal.

The Municipal Court of the Township of Stafford shall have a seal which shall bear the name of the Court.

§ 31-4 Appointment and term of Judge.

There shall be a Judge of said Municipal Court, who shall be appointed by the Mayor, with the advice and consent of the Township Council of the Township of Stafford. Said Municipal Court Judge shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified. Any appointment to fill a vacancy caused other than by expiration of term shall be made for the unexpired term only.

§ 31-5 Powers and duties of Court and Judge.

Said Municipal Court of the Township of Stafford and the Judge thereof shall have, possess and exercise all of the functions, powers, duties and jurisdiction conferred by law upon said Court and Magistrate.

§ 31-6 Municipal Court Administrator.

[Amended 6-11-1991 by Ord. No. 91-30]
A. 
Position created. There is hereby created the position of Administrator of the Municipal Court of the Township of Stafford.
B. 
Appointment and term of office. The Administrator of the Municipal Court shall be appointed by the governing body of the Township of Stafford. Said Administrator shall serve for a term of three years from the date of appointment and until a successor is appointed and qualified.
C. 
Duties. The Administrator shall perform such functions and duties as shall be prescribed for said Administrator by law, by the rules applicable to Municipal Courts and by the Judge of the Municipal Court of the Township of Stafford.

§ 31-7 Deputy Court Clerk.

A. 
Position created. There is hereby created the position of Deputy Court Clerk of the Municipal Court of the Township of Stafford.
B. 
Appointment. The Deputy Court Clerk shall be appointed by the Mayor, with the advice and consent of the Township Council of the Township of Stafford.
[Amended 6-9-1988 by Ord. No. 88-46; 4-17-2006 by Ord. No. 2006-21]
C. 
Duties. The duties of the Deputy Court Clerk shall be as follows:
(1) 
Assist the Municipal Court Clerk in performing such functions and duties of her office.
(2) 
Perform such functions and duties as shall be prescribed for said Deputy Court Clerk by law, the rules applicable to Municipal Courts and by the Judge of the Municipal Court.
(3) 
Perform all related work as required by the Municipal Court Clerk.

§ 31-8 Municipal Court Prosecutor.

A. 
Position created. There is hereby created the position of Municipal Court Prosecutor.
B. 
Qualifications. The Municipal Court Prosecutor shall be a duly-licensed attorney at law of the State of New Jersey.
C. 
Appointment and term of office. The Municipal Court Prosecutor shall be appointed by the Mayor, with the advice and consent of the Township Council. He shall serve for a term of one year and until his successor is appointed and qualified.
D. 
Duties. The Municipal Court Prosecutor shall appear in the Municipal Court on behalf of the State of New Jersey or the Township of Stafford in any case therein pending, upon the request of the Municipal Judge, the Chief of Police or directive of the Mayor or Council. He shall exercise the powers and duties assigned to such office by the statutes and court rules of the State of New Jersey.

§ 31-9 Public Defender.

A. 
Position created. There is hereby created the position of Public Defender.
B. 
Qualifications. The Public Defender shall be an attorney at law of the State of New Jersey.
C. 
Appointment and term of office. The Public Defender shall be appointed by the Mayor with the advice and consent of the Township Council. He shall serve for a term of one year and thereafter until his successor has been appointed and qualified.
D. 
Duties. The Public Defender shall defend indigent persons in the Municipal Court of the Township of Stafford upon being requested to do so by the Municipal Judge and shall perform such other duties as may be required by the rules of the New Jersey Supreme Court or state statute.

§ 31-10 Compensation.

A. 
The salaries for the Municipal Court Judge, Municipal Court Clerk and Deputy Court Clerk shall be fixed by the Salary Ordinance of the Township of Stafford.[1] Said salaries shall be paid in a similar manner as the salaries of other municipal officers are paid. Said salaries shall be in lieu of all fees, costs and other allowances.
[1]
Editor's Note: See Ch. 44, Salaries and Compensation.
B. 
The Municipal Prosecutor and Public Defender shall be paid in accordance with contracts entered into with the Township of Stafford in accordance with the requirements of the Local Public Contracts Law.[2]
[2]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.

§ 31-11 Public Defender; application fee.

[Added 2-1-1994 by Ord. No. 94-20; amended 1-20-1998 by Ord. No. 98-04]
Pursuant to N.J.S.A. 2B:12-28b,[1] the Township of Stafford shall require any person applying for representation by the Municipal Public Defender to pay an application fee of not more than $200. The Municipal Court may waive any required application fee, in whole or in part, if the Court determines, in its discretion, that the application fee represents an unreasonable burden on the person seeking representation.
[1]
Editor's Note: N.J.S.A. 2B:12-28 was repealed by P.L. 1997, c. 256. See now N.J.S.A. 2B:24-17.