[Amended 2-13-2012 by Ord. No. 2012-2]
There shall be a Municipal Court pursuant to the provisions
of N.J.S.A. 2B:12-1 et seq., as amended and supplemented, to be known
as the "Municipal Court of the Town of Newton, Sussex County." The
Municipal Court shall have a seal bearing the impress of the name
of the Court. The Court shall be held in the Municipal Building of
the Town of Newton, or such other place as the Council shall designate
from time to time, and shall exercise all the functions, powers, duties
and jurisdiction conferred upon Municipal Courts by the provisions
of N.J.S.A. 2B:12-1 et seq., as amended and supplemented, or any other
law.
A.
There shall be a Municipal Judge of the Municipal Court appointed
by the Council. The Municipal Judge shall serve for a term of three
years from the date of appointment and until a successor shall be
appointed and qualifies.
There shall be an Administrator of the Municipal Court who shall
be appointed by the Council and who shall perform such functions and
duties as shall be prescribed for him by law, the rules applicable
to Municipal Courts, and by the Municipal Judge. His duties shall
include, but not be limited to:
A.
Carrying out the rules, regulations, policies and procedures relating
to the operation of the Court.
B.
Interviewing and speaking to prospective complainants; receiving
complaints and dispensing information relating to Court matters.
C.
Maintaining the financial records of the Court.
D.
Attending Court, taking minutes of the trials and entering them in
the docket; arranging trial calendars; signing court documents; preparing
and issuing warrants and commitments.
E.
Taking and preparing bail bonds, making inquiry as to their sufficiency
and equity; receiving and accounting for fines and costs.
F.
Interviewing persons on informal Police Court matters to determine
if there is a basis for formal action and, if necessary, issuing summonses
requiring Court appearances in this regard; maintaining and classifying
records and files.
There shall be a Deputy Administrator of the Municipal Court,
who shall be appointed by the Council and who shall perform the functions
assigned to him by the Municipal Judge and the Municipal Court Administrator.
The position of Municipal Public Defender is hereby established so that persons applying for representation by a Municipal Public Defender or Court-approved counsel may avail themselves of said service. Applicants requesting representation by a Municipal Public Defender shall pay an application fee as provided in Chapter 100, Fees and Costs. The Municipal Court may waive any required application fee, in whole or in part, if the Court determines, in its discretion, upon a clear and convincing showing by the applicant, that the application fee represents an unreasonable burden on the person seeking representation. The Municipal Court may permit a person to pay the application fee over a specific period of time, not to exceed four months.[2]
[2]
Editor's Note: Original Sec. 2-17, Zoning Board of Adjustment,
which immediately followed this section, was repealed 9-27-2010 by
Ord. No. 2010-17. This ordinance also provided that all references
throughout the Code to the "Zoning Board of Adjustment" shall be replaced
with "Planning Board."
