[HISTORY: Adopted by the Township Committee of the Township of Hampton 7-31-2007
by Ord. No. 2007-3.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 8, Court,
Intermunicipal, adopted 12-29-1981, as amended.
A.Â
Creation of court. There is hereby created a joint municipal
court consisting of the following members: the Township of Green, Borough
of Andover, Township of Fredon and Township of Hampton, all located in Sussex
County. The court is created pursuant to the Interlocal Services Agreement
between the aforesaid municipalities and is subject to the terms thereof.
B.Â
Name of court. The name of the joint municipal court
shall be the "The Joint Municipal Court of the Townships of Green, Fredon,
Hampton and the Borough of Andover."
C.Â
Effective date. The effective date for the creation of
the Municipal Court of the Townships of Green, Fredon, Hampton and the Borough
of Andover shall be August 1, 2007.
D.Â
Jurisdiction. The jurisdiction of the joint municipal
court shall be coextensive with the territories of the Township of Green,
the Township of Fredon, the Borough of Andover and the Township of Hampton.
E.Â
Location of the court. The joint court shall sit in the
Township of Green or at such other place or places as hereafter may be designated
by ordinance or resolution adopted by all participating municipalities.
A.Â
There shall be a municipal judge appointed as provided
by law in the case of a joint municipal court. The Municipal Judge shall serve
for a term of three years from the date of appointment and until the successor
shall be appointed and qualified. He/she shall be a resident of the State
of New Jersey and admitted to practice law in the State of New Jersey for
at least five years. Any appointment to fill a vacancy not caused by the expiration
of term shall be made for the unexpired term.
B.Â
The Municipal Judge shall have and possess the qualifications
and shall have, possess and exercise all the functions, duties, powers and
jurisdiction conferred by law or ordinance. He/she shall be an attorney-at-law
of the State of New Jersey. Whenever the Municipal Judge is unable to sit
as such, he/she may designate any other judge of any municipal court to sit
for him/her temporarily and hold the Municipal Court. Any such designation
shall be in writing and filed with the court, and any person so designated,
while sitting temporarily, shall possess all the powers of the Municipal Judge.
C.Â
The Municipal Judge shall faithfully carry out all of
the duties and responsibilities of a Municipal Judge and shall abide by all
rules and regulations established for municipal court judges by the Administrative
Office of the Courts.
D.Â
The Municipal Court Judge shall have full management
authority of Court operations excluding the hiring and termination of all
Court personnel.
A.Â
Municipal Prosecutor. There shall be a Municipal Prosecutor
of the Municipal Court who shall prosecute cases in the Municipal Court, except
each member at its discretion, may appoint its own prosecutor for municipal
or Board of Health ordinance violation cases at the sole cost of that member.
The Municipal Prosecutor shall be appointed for a one-year term by the Township
of Green with the consent and approval of the Joint Court Committee. The compensation
of the Municipal Prosecutor shall be determined by the Township of Green with
the consent and approval of the Joint Court Committee.
B.Â
Municipal Court Administrator. Pursuant to N.J.S.A. 2B:12-10
et seq., there shall be an Administrator of the Municipal Court who shall
perform the functions and duties prescribed for the Administrator by law,
by the rules applicable to municipal courts and by the Municipal Judge. The
Administrator shall be appointed by the Township of Green with consent and
approval of the Joint Court Committee for a term of one year, subject however,
to the tenure provisions as set forth in New Jersey Statute 2A:8-13.3[1] and considered an employee of the Township of Green. The compensation
of the Administrator shall be determined by the Township of Green with the
consent and approval of the Joint Court Committee. The Administrator shall
have the authority granted by law and the Rules of Court to administrators
and clerks of Courts of Record as set forth in Article 3 of the Interlocal
Agreement.
[1]
Editor's Note: See N.J.S.A. 2B:12-10.
C.Â
Public Defender. There shall be a Municipal Public Defender
who shall represent those defendants assigned by the Municipal Court Judge.
The Municipal Public Defender shall be appointed for a one-year term by the
Township of Green with the consent and approval of the Joint Court. The compensation
of the Public Defender shall be determined by the Township of Green with the
consent and approval of the Joint Court Committee.
(1)Â
Any person applying to the Municipal Court of the Townships
of Green, Fredon, Hampton and the Borough of Andover for representation by
a Municipal Public Defender shall, in accordance with the provisions of N.J.S.A.
2B:12-28, pay an application fee of up to $200 as may be determined by the
Municipal Court Judge. The Municipal Court Judge may waive said 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.
The governing bodies of the Township of Green, Township of Fredon, Borough
of Andover and Township of Hampton are hereby authorized to enter into contract
with each other embodying the provisions pursuant to the Interlocal Services
Act, N.J.S.A. 40:8A-1 et seq., in accordance with the term of that Act. In
the event of any discrepancy between this chapter and said Interlocal Services
Act and any amendments thereto, the Act shall take precedence.