[HISTORY: Adopted by the Mayor and Council
of the Borough of Wharton (Sec. 2-10 of the Revised General Ordinances).
Amendments noted where applicable.]
In accordance with N.J.S.A. 2B:12-1 et seq., there shall be a Municipal Court of the Borough, known as the "Municipal Court of the Borough of Wharton," which shall have, possess and exercise all of the functions, powers, duties and jurisdiction conferred by the provisions of Chapter 264 of the 1948 Laws of New Jersey, as amended and supplemented, or by any other law. The Municipal Court shall have a seal, which shall bear the impression of the name of the Court.
There shall be a Judge of the Municipal Court,
who shall be appointed by the Mayor with the consent of the Council
for a term of three years. The Municipal Judge must possess the qualifications
as set forth in N.J.S.A. 2B:12.1 et seq.
The Municipal Judge shall sit at times as the
business of the Court may require. He shall exercise the functions,
powers, duties and jurisdiction of the Municipal Court.
The Borough Council may, by ordinance or resolution,
provide for a clerk (administrator) and other necessary clerical personnel
and assistants for the Municipal Court in an amount not to exceed
the ordinances of the Borough.
There shall be a prosecutor to serve in and
for the Borough in the discharge of those duties incidental to such
office before the Borough Municipal Court and such other courts as
may, from time to time, be designed.
A.
The Municipal Court Prosecutor shall be appointed
annually by the Borough Council at the same time and in the same manner
as other annual appointments are customarily made and shall continue
to serve until a successor is duly appointed and qualified.
B.
The Municipal Court Prosecutor shall serve at the
will of the Borough Council, which service may be terminated upon
30 days' written notice.
C.
Qualifications for the position of Prosecutor are
that the appointee shall be a duly licensed attorney at law of New
Jersey in good standing, and remain so throughout the term of service.
D.
Remuneration for the position of Municipal Prosecutor
shall be fixed by ordinance.
There shall be appointed by the Borough Council
a Municipal Public Defender, whose duties it shall be to represent
eligible, indigent defendants in proceedings over which the Municipal
Court of the Borough of Wharton has jurisdiction.
A.
The Municipal Public Defender shall be appointed annually
by the Borough Council at the same time and in the same manner as
other annual appointments are customarily made and shall continue
to serve until a successor is duly appointed and qualified.
B.
The Municipal Public Defender shall serve at the will
of the Borough Council, which service may be terminated upon 30 days'
written notice.
C.
Qualifications for the position of Public Defender
are that the appointee shall be a duly licensed attorney at law of
New Jersey in good standing, and remain so throughout the term of
service.
D.
Remuneration for the position of Municipal Public
Defender shall be fixed by ordinance.
E.
Eligibility requirements.
(1)
To be eligible for the services of the Municipal Public
Defender, a defendant must:
(a)
Be charged with a crime as specified in N.J.S.A.
2B:12-18; or
(b)
Be charged with an offense of which there is
a likelihood, in the opinion of the Municipal Court, that the defendant
if convicted will be subject to imprisonment or other consequence
of magnitude; and
(c)
Meet the financial eligibility requirements,
in the opinion of the Municipal Court, as set forth in N.J.S.A. 2A:158A-14
and guidelines promulgated by the New Jersey Supreme Court;
(d)
Provide all necessary applications, releases
and authorizations, and documents; and
(e)
Pay an application fee of $200. This fee may
be waived or reduced by the Municipal Court upon clear and convincing
proof that the fee is an unreasonable burden upon the applicant. Said
fee may be paid over time, not to exceed four months.
(2)
In the event that the Municipal Court cannot determine
eligibility before the time when the first services are to be rendered,
the Municipal Court shall refer the defendant to the Municipal Public
Defender provisionally. If it is later determined that defendant is
ineligible, or if it is determined that the initial determination
was erroneous, the Court shall inform the defendant, and the defendant
shall be obliged to engage his own counsel and to reimburse the municipality
for the cost of the services rendered.
F.
Juvenile defendants.
(1)
In the event the defendant is under the age of 18
years, the eligibility for services shall be determined on the basis
of the financial circumstances of the individual and the individual's
parents or legal guardian.
(2)
The Municipal Court shall be entitled to recover the
cost of legal services from the parents or legal guardian and shall
have the authority to require parents or legal guardians to execute
and deliver any authorizations required to determine eligibility.
G.
Municipal responsibility and reimbursements.
(1)
The municipality shall be responsible for payment
of all necessary services of representation as determined by the Court.
The factors of need and real value to a defendant may be weighed against
the financial constraints of the municipality in determining the necessary
services.
(2)
The municipality shall have a lien on any property
to which the defendant shall have or acquire an interest up to the
amount of the reasonable value of the services rendered to a defendant.
To effectuate such lien, the Municipal Attorney shall file a notice
setting forth the services rendered to the defendant and the reasonable
value thereof with the Clerk of the Superior Court. Within 10 days
of said filing, the Municipal Attorney shall send a copy of the notice
with a statement of the date of the filing to the defendant by certified
mail to the defendant's last known address. The filing of the notice
shall constitute a lien for a period of 10 years from the date of
filing and shall have the priority of a judgment.
(3)
The Municipal Attorney may do all things necessary
to collect any money due to the municipality for reimbursement for
services rendered by the Municipal Public Defender, including remedies
available for recovery of a civil judgment, counsel fees and costs.
(4)
All application fees collected shall be deposited
in a dedicated fund administered by the Treasurer of the municipality
and shall be used exclusively to meet the costs incurred in providing
the services of a Municipal Public Defender.
