[Adopted as Sec. 2:8 of the 1975 General
Ordinances; amended 3-10-1998]
A.
Within Burlington Township, as with other municipalities
in New Jersey, there is a Municipal Court. Under its current Charter,
executive, legislative and administrative powers are allocated, however,
no specific reference is made to the Municipal Court. The Municipal
Court is a branch of the court system operating in New Jersey. It
is a creation of statute but highly regulated by the Supreme Court
through the Administrative Office of the Courts. The Municipal Court,
further, cannot be considered truly an independent board or agency
because there is no direct relationship between the Court and the
policy-making function of the independent board or agency. Since the
Municipal Court receives administrative support from the community
but does not fit into any predetermined element of government, it
has been separately listed apart from any other section. The purpose
of the Municipal Court is to provide a system of justice at a local
level so that inhabitants within the Township may secure, in a prompt
and orderly fashion, a redress of grievances and disputes over which
the Municipal Court system has jurisdiction. Through the combined
efforts of all personnel contained within this department, it is hoped
that a court system efficiently run and capably staffed will continue
to provide the services for which it is designed.
B.
Any position set forth within this section of the chapter (Article VI) which is accompanied by a verbal statement concerning the appointment, qualification and duties of the position, but which does not specify that the position is subject to civil service classification, is a non-civil service position; where, however, only a position is listed without further verbal statement or where the position is specifically listed as a civil service position, then the position is a civil service appointment and is more particularly described either within the language of this section or upon a job title description prepared by the Department of Civil Service, said description being on file in the office of the Municipal Clerk where it is available for inspection.
A.
Judge of the Municipal Court.
(2)
Qualifications. Pursuant to N.J.S.A. 2B:12-7, a Judge
of the Municipal Court shall be a resident and an attorney at law
of the State of New Jersey. The Judge of the Municipal Court need
not reside in Burlington Township.[2]
(3)
Term. The Judge of the Municipal Court shall serve
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
caused other than by expiration of term shall be made for the unexpired
term only.
(5)
Duties. In addition to such other duties as may be
prescribed by state statute, a Judge of the Municipal Court shall:
(a)
Act as presiding official within the Municipal
Court of the Township of Burlington and have the authority to perform
the statutory duties of the Judge of the Municipal Court for the Township
of Burlington.
(b)
In January of each year, designate on forms
prescribed by law, three other individuals to be designated as "Acting
Judges for the Township of Burlington." In the event that a Judge
is precluded by law from handling a particular matter arising in his
Court, or if the Judge is unavailable for any other good cause, he
shall designate one of the individuals so selected in January to act
in his stead.[4]
(c)
Designate when sessions of court shall be held.
(d)
Post a bond paid for by the Township in the
amount and in the form required by law.
(e)
Act as administrative head of the office of
the Court and be responsible for the proper and efficient administration
of the Courts. In performing this duty, the Judge of the Municipal
Court shall be mindful of the rules and regulations promulgated by
the Administrative Director of the Courts and the Division of Local
Finance.
B.
Municipal Court Administrator.
(1)
Appointment. A Municipal Court Administrator shall
be appointed by the Mayor.
(2)
Civil service status. The appointment of a Municipal
Court Administrator shall be in accordance with rules and regulations
promulgated by the Department of Civil Service.
(4)
Job definition. Under direction, the Municipal Court
Administrator enters in court records the minutes and proceedings
of the sessions of the Court and assists the Judge by performing Court
clerical work; in addition, the Municipal Court Administrator does
related work as required.
(5)
Qualifications. A Municipal Court Administrator shall
possess the following qualifications:
(a)
Graduation from high school or vocational high
school, or possession of a high school equivalent certificate, or
any equivalency in education and experience.
(b)
Three years of experience of a clerical nature
and/or as an aide or an administrative assistant to an executive or
an administrative officer in a public or private agency and/or as
a law enforcement or corrections officer.
(c)
Some knowledge of court practices and procedures
and of the techniques which would be useful in performing court clerical
work.
(d)
Ability to comprehend established routines and
rules and regulations of complexity; to organize assigned work and
develop effective work methods; to work harmoniously with associates
and the public and to maintain suitable records.
(e)
Good health and freedom from disabling physical
and mental defects which would impair the proper performance of the
required duties or which might endanger the health and safety of oneself
or others.
(6)
Duties. The Municipal Court Administrator, among other
duties:
(a)
Writes minutes and proceedings of Court sessions,
including such items as criminal and civil trials, postponements,
bails and bail forfeitures.
(b)
In criminal cases, receives and records the
Judge's determinations.
(c)
Administers oaths to witnesses and officers
in cases being tried.
(d)
Draws up for the Judge's signatures, writs and
orders such as bench warrants, commitments, remands and orders to
physicians to make mental or physical examinations.
(e)
Performs miscellaneous duties such as collecting
fines and fees, examining and checking court orders for adequacy and
forms prior to submission to the Judge for signature.
(f)
Makes lists of judgments and transmits notices
of disposition.
(g)
Records dispositions of motions and pretrial
conferences.
(h)
Endorses subpoenas as to number of days of court
appearances.
(i)
Checks case pleadings and keeps attorneys informed
as to their standing on the trial lists and affixes the Court seal
to papers and documents.
(j)
In addition to Court clerical work, may perform
other clerical work in the absence of the Judge.
C.
Municipal Court Clerk (Temporary).
(1)
Appointment. A Municipal Court Clerk (Temporary) shall
be appointed by the Mayor.
(2)
Qualifications. A Municipal Court Clerk (Temporary)
shall possess such qualifications deemed necessary by the Mayor of
the Township of Burlington to provide temporary services to the Municipal
Court of the Township of Burlington as an acting administrator of
the court, which duties are more particularly defined hereafter.
(4)
Job description. Under direction, the Municipal Court
Clerk (Temporary) enters in court records the minutes and proceedings
of the sessions of the court and assists the Judge by performing court
clerical work; in addition, the Municipal Court Clerk (Temporary)
does related work as required.
(5)
Duties. The Municipal Court Clerk (Temporary), among
other duties:
(a)
Writes minutes and proceedings of court sessions,
including such items as criminal and civil trials, postponements,
bails and bail forfeitures.
(b)
In criminal cases, receives and records the
Judge's determinations.
(c)
Administers oaths to witnesses and officers
in cases being tried.
(d)
Draws up for the Judge's signature, writs and
orders such as bench warrants, commitments, remands, and orders to
physicians to make mental or physical examinations.
(e)
Performs miscellaneous duties, such as collecting
fines and fees, examining and checking court orders for adequacy and
form prior to submission to Judge for signature.
(f)
Makes lists of judgments and transmits notices
of disposition.
(g)
Records disposition of motions and pretrial
conferences.
(h)
Endorses subpoenas as to number of days of court
appearances.
(i)
Checks case pleadings and keeps attorneys informed
as to their standing on the trial lists and affixes the Court seal
to papers and documents.
(j)
In addition to Court clerical work, may perform
other clerical work in the absence of the Judge.
D.
Deputy Municipal Court Administrator.
(1)
Appointment. A Deputy Municipal Court Administrator
shall be appointed by the Mayor.
(2)
Civil service status. The appointment of a Deputy
Municipal Court Administrator shall be in accordance with rules and
regulations promulgated by the Department of Civil Service.
(3)
Compensation. The Deputy Municipal Court Administrator
shall be paid in accordance with the Salary Ordinance of the Township
of Burlington, and in the event that there is no such position within
the Salary Ordinance, the Deputy Municipal Court Administrator shall
be paid the same salary as the Municipal Court Administrator within
the Township of Burlington.
(4)
Job definition. Under direction, the Deputy Municipal
Court Administrator shall enter on Court records the minutes and proceedings
of the sessions of Court and assist the Judge and Municipal Court
Administrator by performing Court clerical work. In addition, the
Deputy Municipal Court Administrator does related Court work as required.
(5)
Qualifications. A Deputy Municipal Court Administrator
shall possess such qualifications deemed necessary for the position
by the Department of Civil Service in its job description for the
position.
(6)
Duties. The Deputy Municipal Court Administrator shall
assist the Court Administrator in carrying out the duties of the Office
of the Courts and in addition shall provide such additional services
as may be directed by the Court Administrator and the Judge.
E.
Deputy Municipal Court Clerk/Violations Clerk Typing.
(1)
Appointment. A Deputy Municipal Court Clerk/Violations
Clerk Typing shall be appointed by the Mayor when the Municipal Court
Judge determines that the Deputy Municipal Court Clerk should be designated
as the Violations Clerk pursuant to Rule 7:7-1.
(2)
Civil service status. The appointment of a Deputy
Municipal Court Clerk/Violations Clerk Typing shall be in accordance
with the rules and regulations promulgated by the Department of Civil
Service.
(3)
Compensation. Deputy Municipal Court Clerk/Violations
Clerk Typing shall be paid in accordance with the Salary Ordinance
of the Township of Burlington, and in the event that there is no such
position within the Salary Ordinance, the Deputy Municipal Court Clerk/Violations
Clerk Typing shall be paid the same salary as the Court Clerk within
the Township of Burlington.
(4)
Job definition. Under direction, the Deputy Municipal
Court Clerk/Violations Clerk Typing shall enter on court records the
minutes and proceedings of the sessions of the Court and assist the
Judge and Municipal Court Clerk by performing Court clerical work.
In addition, the Deputy Municipal Court Clerk/Violations Clerk does
related Court work as required.
(5)
Qualifications. A Deputy Municipal Court Clerk/Violations
Clerk shall possess such qualifications deemed necessary for the position
by the Department of Civil Service in its job description for the
position.
(6)
Duties. The Deputy Municipal Court Clerk/Violations
Clerk shall assist the Court Clerk in carrying out the duties of the
Office of the Courts and in addition shall provide such additional
services as may be directed by the Court Clerk or the Judge.
F.
Clerk Stenographer.
A.
Generally. A Violations Bureau is an integral part
of the Court in Burlington Township. Rule 7:7-1 authorizes Violations
Bureau personnel, among other duties, to accept pleas of guilty and
accept payments of penalties in nonindictable offenses. Rule 7:7-3
empowers the Court to designate by order those nonindictable offenses
the handling of which will fall within the authority of the Violations
Clerk. While the power is limited by law and limited with regard to
many offenses, the Bureau can avoid in many instances unnecessary
and time-consuming court appearances.
B.
Violations Clerk.
(1)
Appointment. The Violations Clerk shall be appointed
by the Municipal Judge.
(2)
Civil service status. The appointment of a Violations
Clerk shall be in accordance with rules and regulations promulgated
by the Department of Civil Service.
(4)
Job definition. The Violations Clerk, under direction,
has charge of and performs the most difficult and responsible work
involved in collecting fees for traffic violations in Municipal Courts;
does related work as required.
(5)
Qualifications. The Violations Clerk shall possess
the following qualifications:
(a)
Graduation from high school or vocational high
school, or possession of an approved high school equivalent certificate,
or any equivalency in education and experience.
(b)
Two years of experience in clerical work.
(c)
Thorough knowledge of modern office methods,
practices and equipment and of performing tasks involved in the keeping
of financial and/or other records of a mathematical nature.
(d)
Ability to comprehend established office routines
and rules and regulations of complexity; to organize assigned work
and develop effective work methods; to give suitable assignments and
instructions to individuals and groups and to supervise the maintenance
of suitable records and files.
(e)
Good health and freedom from disabling physical
and mental defects which would impair the proper performance of the
required duties or which might endanger the health and safety of oneself
or others.
(6)
Duties. The Violations Clerk, among other duties:
(a)
Has charge of and performs the most difficult
and responsible work involved in collecting fees for traffic violations
in relation to the acceptance of appearance, waivers of trial, pleas
of guilty, payment of fines and costs in traffic violations.
(b)
Enters names of traffic violators, their addresses,
amounts of fines and dates of payments in docket books.
(c)
May attend Court sessions.
(d)
Reviews, checks and certifies reports, applications
and other documents for correctness where difficult determinations
are concerned.
(e)
Handles special requests for information in
accordance with prescribed rules and regulations.
(f)
Receives, reviews and adjusts complaints.
(g)
Answers inquiries.
(h)
Handles correspondence.
(i)
Prepares reports and statements.
(j)
Gives suitable assignments and instructions
to assigned employees.
(k)
Makes decisions requiring thorough knowledge
of the organization of the court.
(l)
Maintains, classifies, indexes, and cross-reference
records and files.
(m)
Acts, in the absence of the Municipal Court
Administrator, Acting Municipal Court Administrator or Deputy Municipal
Court Administrator, as Municipal Court Administrator for the Township
of Burlington, and in this connection is hereby empowered to perform
all the duties normally performed by a court administrator under the
laws of the State of New Jersey.[2]
C.
Student Assistant/Clerk/Typist.
D.
Rules and regulations.
(1)
Overtime and compensation. It is recognized that the
Township of Burlington operates under an eight-hour-day forty-hour-week
and that all time worked in excess of this standard shall be paid
at the rate of 1 1/2 times the normal hourly prorated annual
salary attributable to any employee of the Township. This benefit
by this section is specifically conferred upon employees of the Municipal
Court of the Township of Burlington with the exception of the Municipal
Judge. Temporary employees shall be entitled to the overtime compensation
specified by this paragraph even though they would not be entitled
to other fringe benefits which are reserved to full-time permanent
employees.
A.
Appointment. There shall be in the Township of Burlington
the Office of Township Public Defender. The Township Public Defender
shall be appointed by the Mayor with the advice and consent of Council.
B.
Term. The Township Public Defender shall serve during
the term of the office of the Mayor appointing him and until the appointment
and qualification of his successor.
C.
Qualifications. The person appointed as Township Public
Defender shall be a licensed attorney within the State of New Jersey
and possess such other qualifications of ability and experience which
the Mayor and Council shall deem necessary to perform the duties of
his office.
D.
Residency. The Township Public Defender need not be
a resident of the Township of Burlington.
E.
Duties. The Township Public Defender shall represent
those individuals in the Burlington Township Municipal Court who are
qualified and apply for such representation.
F.
Compensation. The Township Public Defender shall receive
such compensation as is provided for within the Salary Ordinance of
the Township of Burlington.
G.
Application for public defense. In order to obtain
the services of the Municipal Public Defender, an application must
be filed with the Municipal Court on a form provided by the Township.
The application form shall be consistent with the requirements of
N.J.S.A. 2B:24-1 et seq.[1]
(1)
The Municipal Court Judge shall make the decision
as to which defendants are indigent after reviewing the defendant's
application. This determination shall be based upon whether the applicant
fits within the definition of "indigent defendant" found within N.J.S.A.
2B:24-2.
(2)
The Municipal Court Judge shall assess an application
fee up to $200 to each person from whom an application for services
of the Municipal Public Defender is made. The Judge of the Municipal
Court will be allowed to waive the fee or part of the fee only upon
a clear and convincing showing that the application represents an
unreasonable burden on the person seeking representation. This fee
shall be chargeable regardless of whether the applicant is found to
require the services of the Municipal Public Defender.
(3)
The defendant's inability to pay the application fee
shall in no way affect or reduce the rendering of services to him.
In the case of a defendant who is unable or unwilling to pay the application
fee, the fee shall become a lien and the Township may collect the
fee consistent with N.J.S.A. 40:6A-1 and N.J.S.A. 2B:24–16.
(4)
In all cases where it appears that the defendant has
or reasonably expects to have means to meet some part though not all
of the cost of the services rendered to him, he shall be required
to reimburse the Township. The Court is specifically authorized to
require that the fee be paid at once or in installments over a period
of four months or less. But no default or failure in making of such
payment shall be made by the Municipal Court Judge based on the defendant's
application for Municipal Public Defender assistance.
(5)
All monies collected as application fees shall be
used exclusively to help defray the cost of administering the Municipal
Public Defender system in Municipal Court.
