[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette.
Amendments noted where applicable.]
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of 1948, which has since been replaced by N.J.S.A. 2B:12-1 et seq.
The name of the Municipal Court shall be the “Municipal Court
of Lavallette.”
The Municipal Court shall have a Seal which shall bear the impress of
the name of the Court.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
