Borough of Lavallette, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette. Amendments noted where applicable.]

§ 21-1 Municipal Court established.

A Municipal Court for the Borough of Lavallette, in the County of Ocean, is hereby established pursuant to the provisions of Chapter 264 in the Laws of 1948, which has since been replaced by N.J.S.A. 2B:12-1 et seq.

§ 21-2 Name.

The name of the Municipal Court shall be the “Municipal Court of Lavallette.”

§ 21-3 Seal.

The Municipal Court shall have a Seal which shall bear the impress of the name of the Court.

§ 21-4 Functions, powers and duties.

Said Municipal Court and the Municipal Judge thereof shall have, possess and exercise all the functions, powers and duties by the provisions of N.J.S.A. 2B:12-1 et seq., as amended and supplemented, or by other law.

§ 21-5 Jurisdiction; specified offenses; waiver of jury trial and indictment.

In accordance with N.J.S.A. 2B:12-16, the Municipal Court of the Borough of Lavallette shall have jurisdiction over cases arising within the territory of the Borough. Territory of the Borough includes any premises or property located partly in and partly outside of the Borough. The Municipal Court Judge, serving as an acting Judge in any other municipal court in Ocean County, may also hear matters arising out of that other court while sitting in the Municipal Court of the Borough of Lavallette.
A. 
The Municipal Court of the Borough of Lavallette has jurisdiction over the following cases within the territorial jurisdiction of the Court:
(1) 
Violations of municipal ordinances.
(2) 
Violations of the motor vehicle and traffic laws.
(3) 
Disorderly persons offenses, petty disorderly persons offenses and other nonindictable offenses except where exclusive jurisdiction is given to the Superior Court.
(4) 
Violations of the fish and game laws.
(5) 
Proceedings to collect a penalty where jurisdiction is granted by statute.
(6) 
Violations of laws regulating boating.
(7) 
Any other proceedings where jurisdiction is granted by statute.
B. 
Where the person charged waives indictment and trial by jury in writing and the Ocean County Prosecutor consents in writing, the Municipal Court of the Borough of Lavallette has jurisdiction for those crimes specified in N.J.S.A. 2B:12-17 which occur in the territorial jurisdiction of the Court.

§ 21-6 Bond or insurance.

Before assuming the duties of office, a Judge or Administrator of the Municipal Court of Lavallette, or person employed by the Municipal Court of Lavallette who handles money in the scope of that employment, shall be covered by a bond or insurance against loss or misappropriation of funds payable to the Borough of Lavallette, County and state, in an amount and with terms set by the Borough of Lavallette.

§ 21-7 Holding of Court.

The Municipal Court shall be held at the Borough Hall. The Municipal Judge shall sit at such times as the business of the Court may require, subject to the rules applicable to municipal courts.

§ 21-8 Municipal Court

A. 
Office established. There is hereby established the office of Municipal Court Judge of the Municipal Court of the Borough of Lavallette.
B. 
Appointment; term of office. The Municipal Court Judge shall be appointed by the Mayor, with the advice and consent of the Borough Council. Said Municipal Court Judge shall serve for a term of three years from the date of appointment, or until his/her successor is appointed and qualified. Any appointment to fill a vacancy not caused by the expiration of term shall be filled by appointment for the unexpired term only.
C. 
Qualifications. The Municipal Court Judge shall be an attorney at law and resident of the State of New Jersey, admitted to practice for not less than five years.
D. 
Duties. The Municipal Court Judge shall have all the powers and duties as prescribed by N.J.S.A. 2B:12-1 et seq.

§ 21-9 Municipal Court Administrator.

A. 
Office established. There is hereby established the office of Municipal Court Administrator of the Municipal Court of the Borough of Lavallette.
B. 
Appointment. The Court Administrator shall be appointed by the Mayor with the advice and consent of the Borough Council.
C. 
Certification. A person shall be certified as a Municipal Court Administrator if he or she satisfies the requirements of N.J.S.A. 2B:12-1.
D. 
Duties. Under direction, in a Municipal Court, the Municipal Court Administrator shall supervise and/or perform the specialized clerical work requiring a thorough knowledge of the laws, ordinances, rules, regulations and procedures relating to the operations of the Municipal Court. The Municipal Court shall do other related work as prescribed by law, by the rules applicable to municipal courts and by the Municipal Court Judge, including serving as the Violations Clerk.

§ 21-10 Deputy Court Administrator.

A. 
Office established. There is hereby established the office of Deputy Court Administrator of the Municipal Court of the Borough of Lavallette.
B. 
Appointment. The Deputy Court Administrator shall be appointed by the Mayor with the advice and consent of the Borough Council.
C. 
Duties. It shall be the duty of the Deputy Court Administrator to perform the same duties as the Municipal Court Administrator in said Administrator's absence. Additionally, the duties of the Deputy Court Administrator shall be as follows:
(1) 
Assist the Municipal Court Administrator in performing the functions and duties of that office;
(2) 
Perform such functions and duties as shall be prescribed for said Deputy Court Administrator by law, the rules applicable to municipal courts, and by the Municipal Court Judge;
(3) 
Perform all related work as required by the Municipal Court Administrator.

§ 21-11 Court Recorder.

A. 
Office established. There is hereby established the office of Court Recorder of the Municipal Court of the Borough of Lavallette.
B. 
Appointment. The Court Clerk shall be appointed by the Mayor with the advice and consent of the Borough Council.
C. 
Duties. It shall be the duty of the Court Recorder to perform all tasks related to recording all courtroom proceedings as they occur, keeping a log which corresponds to the proceedings and tapes which apply and to perform any related work.

§ 21-12 Municipal Prosecutor.

A. 
Office established. There is hereby established the office of Municipal Prosecutor for the Borough of Lavallette.
B. 
Appointment; term of office. The Municipal Prosecutor shall be appointed by the Mayor with the advice and consent of the Borough Council. The Municipal Prosecutor shall be appointed for a term of one year.
C. 
Qualifications. The Municipal Prosecutor shall be an attorney-at-law of New Jersey but need not be a resident of the Borough.
D. 
Duties. Pursuant to N.J.S.A. 2B:12-27.14, the Municipal Prosecutor shall appear in the Municipal Court on behalf of the State of New Jersey or the Borough of Lavallette in any case therein pending, upon the request of the Municipal Judge, the Chief of Police or directive of the Mayor or Council. He/she shall exercise the powers and duties assigned to such office by the statutes and court rules of the State of New Jersey.
E. 
Vesting of power. The Municipal Prosecutor shall be vested with the necessary power to perform such duties as set forth herein.

§ 21-13 Assistant Municipal Prosecutor.

A. 
Office established. There is hereby established the office of Assistant Municipal Prosecutor for the Borough of Lavallette.
B. 
Appointment; term of office. The Assistant Municipal Prosecutor shall be appointed by the Mayor with the advice and consent of the Borough Council for a period of one year.
C. 
Qualifications. To be appointed to the office of Assistant Municipal Prosecutor, an individual must be an attorney at law of the State of New Jersey in good standing.
D. 
Duties. The Assistant Municipal Prosecutor shall perform the following duties:
(1) 
In the absence of the Municipal Prosecutor, perform the duties of the Municipal Prosecutor by prosecuting the Municipal Court cases in the Municipal Court of the Borough of Lavallette; and
(2) 
Prosecute cases on behalf of the State of New Jersey and Borough of Lavallette in the Lavallette Municipal Court when the Municipal Prosecutor is on vacation, is unavailable to prosecute the cases or is precluded from prosecuting the cases due to a conflict of interest.

§ 21-14 Public Defender.

A. 
Office established. There is hereby established the office of Public Defender for the Borough of Lavallette for the defense of indigent defendants charged with offenses involving serious fines, driver's license revocations and incarceration.
B. 
Appointment; term of office. The Public Defender shall be appointed by the Mayor with the advice and consent of the Borough Council for a period of one year.
C. 
Qualifications. The Public Defender shall be an attorney at law of New Jersey in good standing.
D. 
Duties. The Public Defender shall interview all indigent defendants qualifying for assistance as hereinafter defined and defend same in the Municipal Court in the Borough only, and not in any other court.

§ 21-15 Assistant Public Defender.

A. 
Office established. There is hereby established the office of Assistant Public Defender for the Borough of Lavallette.
B. 
Appointment; term of office. The Assistant Public Defender shall be appointed by the Mayor with the advice and consent of the Borough Council for a period of one year.
C. 
Qualifications. To be appointed to the office of Assistant Public Defender, an individual must be an attorney at law of the State of New Jersey in good standing.
D. 
Duties. The Assistant Public Defender shall, in the absence of the Public Defender, perform the duties of the Public Defender. The Assistant Public Defender shall interview all indigent defendants qualifying for assistance as hereinafter defined and defend same in the Municipal Court in the Borough only, and not in any other court.

§ 21-16 Term defined.

The definition of “indigent” shall be the same as utilized by the office of the Public Defender of the State of New Jersey for those cases handled by the Ocean County office thereof.

§ 21-17 Assignment by Judge.

The Municipal Court Judge may direct the Public Defender to defend indigents in matters other than those designated herein upon his/her finding that the nature of the offense, the defendant or the penalty would result in unusual harm or prejudice to the defendant if not afforded representation by the Public Defender.

§ 21-18 Representation by Public Defender; application fee.

Pursuant to N.J.S.A. 2B:24-17, the Borough of Lavallette 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.