[HISTORY: Adopted by the Mayor and Council of the Borough
of Ho-Ho-Kus 12-21-1948 by Ord. No. 250. Amendments noted where
applicable.]
There is hereby established, in and for the Borough of Ho-Ho-Kus,
a Municipal Court, to be known as the "Municipal Court of the Borough
of Ho-Ho-Kus."
Said Municipal Court shall have a seal which shall bear the
impress of the name of the Court.
[Amended 11-24-2009 by Ord. No. 956]
The compensation of the Municipal Court Judge and Municipal
Court Administrator shall be fixed and paid by the Mayor and Council
of the Borough of Ho-Ho-Kus in the manner provided by law.
[Amended 11-24-2009 by Ord. No. 956]
The Court shall have a Judge, who shall be known as the "Municipal
Judge" and who shall have the qualifications set forth in the statute
providing for the establishment of municipal courts. He shall be appointed
by the Mayor, with the advice and consent of the Council, and 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 not caused by the expiration of term shall be made
for the unexpired term only.
[1]
Editor's Note: Former § 36-5, First Magistrate;
term of office, was repealed 11-24-2009 by Ord. No. 956.
[Amended 11-24-2009 by Ord. No. 956]
Each Judge of said Municipal Court shall, before entering upon
the duties of his office, take and subscribe an oath in substantially
the same manner as provided in the Revised Statutes of the State of
New Jersey.
[Amended 11-24-2009 by Ord. No. 956]
The Judge of said Court shall be compensated by an annual salary,
which shall be fixed by ordinance or resolution adopted by the governing
body of the municipality and shall be in lieu of any and all other
fees.
[Amended 11-24-2009 by Ord. No. 956]
The Court shall have an Administrator, who shall be known as the "Municipal Court Administrator of the Municipal Court of the Borough of Ho-Ho-Kus." The Municipal Court Administrator shall be appointed by the Mayor, with the advice and consent of the Council. The Municipal Court Administrator shall serve for a term of three years from the date of appointment and until a successor is appointed and qualified. The Municipal Court Administrator shall receive such compensation as the governing body shall fix in a manner provided by law. The Municipal Court Administrator shall, before entering upon the duties of the office, take and subscribe the usual oath or affirmation required to be taken by public officials. The Municipal Court Administrator shall attend the Municipal Court sessions and the examinations, trials and proceedings therein. The Municipal Court Administrator shall perform such other duties and services pertaining to the Municipal Court and business thereof as the Municipal Court may require. The Municipal Court Administrator shall maintain compliance with certification requirements pursuant to N.J.S.A. 2B:12-11. Additionally, the Borough of Ho-Ho-Kus and the Municipal Court shall maintain compliance with Title 2B, Chapter 12, of the Revised Statutes. The Municipal Court staff shall comply with New Jersey Rules of Court.
The territorial jurisdiction of said Municipal Court shall be
the territory embraced within the Borough of Ho-Ho-Kus. The Court
shall have such jurisdiction as provided by the statutes of New Jersey
and the ordinances of the Borough of Ho-Ho-Kus.
[Added 6-25-1996 by Ord. No. 763; amended 11-24-2009 by Ord. No. 956]
Each individual applying for representation by a Municipal Public
Defender shall be required to pay an application fee of not less than
$50 and 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 individual seeking representation. The assessment of
the application fee is to be based on the income eligibility guidelines
for indigent services issued by the Supreme Court. The assignment
of the Municipal Public Defender shall be in accordance with the New
Jersey Rules of Court based on the guidelines for determining a consequence
of magnitude.
This chapter shall take effect immediately upon final passage,
approval and publication in the manner prescribed by law.
