[HISTORY: Adopted by the Mayor and Council
of the Borough of Newfield 8-11-2022 by Ord. No. 2022-19[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 17, Court,
Municipal, adopted 1-3-1949 (Ch. 19 of the 1991 Code), as amended.
A.Â
Creation of court. This shall create a joint municipal court consisting
of the following members: the Borough of Newfield (Gloucester County),
the Township of Franklin (Gloucester County), and the Borough of Buena
(Atlantic County). This court is created by the shared services agreement
dated October 1, 2022, by and between the aforesaid municipalities
and is subject to the terms thereof. The shared services agreement
is attached hereto and incorporated in this chapter and shall be approved
by and filed with the Administrative Director of the Courts.
B.Â
Name of court. The name of the joint municipal court shall be the
"Franklin Joint Municipal Court" and it shall have a seal bearing
the name of the Court.
C.Â
Jurisdiction. The jurisdiction of the Franklin Township Joint Municipal
Court shall be coextensive with the territory of the Township of Franklin
(Gloucester County), the Borough of Newfield (Gloucester County),
and the Borough of Buena (Atlantic County). The Court shall be under
the jurisdiction of the Assignment Judge and Municipal Court Administrator
for Vicinage 15.
A.Â
A Municipal Judge shall be appointed to the Franklin Joint Municipal
Court by the Governor as provided by applicable law. The Municipal
Judge shall serve for a term of three years from the date of appointment
and until a successor shall be appointed and qualified.
B.Â
The Municipal Judge shall have and possess the requisite qualifications
in order to serve as a Municipal Court Judge as provided by the laws
of the State of New Jersey.
C.Â
The Municipal Judge shall faithfully carryout all of the responsibilities
of a Municipal Court Judge and shall abide by all rules and regulations
established for Municipal Court Judges by the Administrative Office
of the Courts, the New Jersey Supreme Court and any other applicable
laws and rules.
A.Â
Municipal prosecutor. A Municipal Prosecutor shall be appointed for
the Franklin Joint Municipal Court who shall prosecute all cases in
the Franklin Joint Municipal Court. The Municipal Prosecutor shall
be appointed for a one-year term by the Township of Franklin. The
compensation for the Municipal Prosecutor shall be determined by the
Township of Franklin.
B.Â
Municipal Court Administrator. There shall be an Administrator of
the Franklin Joint Municipal Court who shall perform the functions
and duties prescribed for an administrator by law, by the rules applicable
to municipal courts and by the Municipal Court Judge. The Administrator
shall be appointed by Franklin Township for a term of one year, subject
however, to the tenure provisions as set forth in N.J.S.A. 2A:8-13.2
and considered an employee of Franklin. The compensation of the Administrator
shall be determined by Franklin Township. The Administrator's
duties shall include, but not be limited to:
(1)Â
Carrying out the rules, regulations, policies, and procedures relating
to the operation of the Franklin Joint Municipal Court.
(2)Â
Interviewing and speaking to persons wishing to file criminal or
quash criminal complaints or wishing information in that regard; receiving
complaints and dispensing information relating to court matters.
(3)Â
Maintaining the financial records of Franklin Joint Municipal Court,
including receiving and accounting for fines and costs.
(4)Â
Attending court, recording pleas, judgments, and dispositions; arranging
trial calendars; signing court documents, preparing and issuing warrants
and commitments and other court-related documents.
(5)Â
Maintaining and classifying records and files of the Franklin Joint
Municipal Court.
(6)Â
Maintaining, forwarding, receiving, and reporting such records, reports
and files as required by appropriate agencies.
(7)Â
Carrying out such additional duties as may be required in order to
fulfill the duties of the court Administrator.
C.Â
The Township of Franklin shall, hereafter, by resolution have the
power to designate such other persons as may be required to serve
as clerks and administrators and other officers thereof and to establish
compensation to be paid to the respective persons to manage and run
the day-to-day operations of the Joint Municipal Court. Compensation
thereof shall be in accordance with the salary ordinance adopted annually
by the Township of Franklin.
D.Â
The Township of Franklin shall, by resolution, annually appoint a Public Defender and Conflict Public Defenders to serve within the Franklin Township Joint Municipal Court. The Public Defender and Conflict Public Defenders shall be compensated as determined by the Township of Franklin. Applications for the appointment of the Public Defender for particular cases shall be in accordance with Chapter 102 of the Franklin Township Municipal Code.
E.Â
The Auditor appointed by Franklin Township shall act as the Auditor
for the Franklin Joint Municipal Court. The Auditor shall perform
a yearly audit of the Franklin Joint Municipal Court, which audit
shall be prepared generally in accordance with the requirements of
the Local Fiscal Affairs Law, N.J.S.A. 4A:50-1, et. seq. A copy of
the complete audit shall be supplied to each participating municipality
by September 1 of each year.
The members of the Franklin Township Joint Municipal Court established by this chapter are the Township of Franklin (Gloucester County), the Borough of Newfield (Gloucester County), and the Borough of Buena (Atlantic County). Collectively, the Township of Franklin, the Borough of Newfield, and the Buena Borough shall be referred to as members. Any member of the Joint Municipal Court may withdraw at the end of the next calendar year by complying with the provisions of the interlocal services agreement between the members identified in § 17-1A or any subsequent agreements or amendments then existing and in effect.
The Borough of Newfield and the Borough of Buena shall compensate
the Township of Franklin a fee in accordance with the interlocal services
agreement then existing between the parties.
The governing bodies of the Township of Franklin (Gloucester
County), the Borough of Newfield (Gloucester County), and the Borough
of Buena (Atlantic County) are authorized to enter into contract with
each other embodying the provisions of the contract attached hereto
as Exhibit A pursuant to the Uniform Shared Services and Consolidation
Act, N.J.S.A. 40A:65-1 et seq. In the event of a discrepancy between
this chapter and the USSC Act, and any amendments thereto, the USSC
Act shall control.