[HISTORY: Adopted by the Township Committee of the Township of Westampton
1-17-1950. Amendments noted where applicable.]
GENERAL REFERENCES
Salaries — See Ch. 63.
A Municipal Court is hereby established, effective February 1, 1950,
pursuant to Chapter 264 of the Laws of 1948, as amended by Chapter 394 of
the Laws of 1948 of the State of New Jersey,[1] which Court shall be known as the "Municipal Court of the Township
of Westampton in the County of Burlington," and the Judge of said Court shall
be known as the "Judge of the Municipal Court."
[1]
Editor's Note: See now N.J.S.A. 2B:12-1 et seq.
Said Court shall have, possess and exercise all the functions, powers,
duties and jurisdiction of a Municipal Court as prescribed by said Chapter
264 of the Laws of 1948, as amended,[1] or as may hereafter be prescribed by law.
[1]
Editor's Note: See now N.J.S.A. 2B:12-1 et seq.
The Municipal Court shall have a seal which shall bear the impress of
the name of the Court.
Said Judge of the Municipal Court shall have the qualifications required
by law, shall be appointed by the Township Committee and shall serve for a
term of three years from the date of his appointment and until his successor
is appointed and qualified.
The Judge of the Municipal Court shall receive an annual salary to be
fixed in the Salary Ordinance[1] and to be paid in the same manner as salaries of other municipal
officers are paid, which salary shall be in lieu of fees, costs and any other
allowances whatsoever.
The costs and fees charged against defendants, when collected, shall
become municipal funds and shall be turned over to the custodian of the funds
of the municipality. The fines and penalties imposed in said Municipal Court
shall be disposed of as prescribed by law.
The Municipal Court shall be held in the Township Hall, and the Judge
of the Municipal Court shall sit during such hours and such times as the business
of the Court may require, subject to the rules applicable to Municipal Courts.
[Added 5-13-1997 by Ord.
No. 9-1997]
There is hereby created the position of Municipal Court Administrator,
who shall serve on a full-time basis as the Administrator of the Township
of Westampton Municipal Court. The Municipal Court Administrator shall be
appointed by the Township Committee only in the event of such person's qualification
to be such Court Administrator pursuant to the provisions of N.J.S.A. 2B:12-1
et seq. The Municipal Court Administrator shall perform such functions and
duties as shall be prescribed for him or her by law by the New Jersey court
rules applicable to municipal courts and by the Judge of the Municipal Court.
The Municipal Court Administrator shall receive such compensation as shall
be provided for in the annual Salary Ordinance.[1]
[Added 8-28-1980 by Ord.
No. 7-1980; amended 5-13-1997 by Ord.
No. 9-1997]
There shall be a Deputy Court Administrator of the Municipal Court of
the Township of Westampton who shall be appointed by the Township Committee.
[Added 4-25-1995 by Ord.
No. 7-1995; amended 5-13-1997 by Ord.
No. 9-1997]
The Municipal Court Administrator shall exercise those powers assigned
to said Administrator by the Municipal Court Judge and may also proceed with
the powers to the Municipal Court Administrator by the provisions of N.J.S.A.
2B:12-13.
[Added 5-13-1997 by Ord.
No. 9-1997]
The Township of Westampton hereby creates the position of Municipal
Prosecutor who shall be appointed annually by the Township Committee and whose
salary shall be established annually by the Township Committee.[1]
[Added 5-13-1997 by Ord.
No. 9-1997]
The Municipal Prosecutor shall serve under the supervision of the Attorney
General or County Prosecutor, and said Municipal Prosecutor may represent
this state, county or municipality in any matter within the jurisdiction of
the Municipal Court.
[Added 5-13-1997 by Ord.
No. 9-1997]
There shall be a Municipal Public Defender of the Township of Westampton
who shall be an attorney-at-law of the State of New Jersey and shall be appointed
for a one-year term to expire December 31 of the year of his appointment or
until his successor has been duly appointed and qualified. The appointment
of the Municipal Public Defender shall be by resolution duly adopted pursuant
to the Local Public Contracts Law. [1] The Municipal Public Defender shall be appointed by the Township
Committee.
[1]
Editor's Note: See N.J.S.A § 40A:11-1 et seq.
[Added 5-13-1997 by Ord.
No. 9-1997]
The Municipal Public Defender shall represent those defendants in the
Municipal Court of the Township of Westampton whom the Judge of the Municipal
Court has determined are indigent and constitutionally or otherwise entitled
by law to have counsel furnished without cost. The Municipal Public Defender
shall not represent those defendants who are indigent and are constitutionally
or otherwise entitled by law to counsel if such defendants affirmatively and
with an understanding of the waiver of such right to counsel, state an intention
to proceed without counsel. The representation of the defendant by the Municipal
Public Defender shall continue through trial and, in the event of a conviction,
shall continue through sentencing and shall include advising the defendant
with respect to his right of appeal but shall not include the preparation
and filing of the notice of appeal or any other application for postconviction
relief.
[Added 5-13-1997 by Ord.
No. 9-1997]
A.
Any person applying for representation by a Municipal
Public Defender shall pay an application fee of not more than $200.
[Amended 4-23-2002 by Ord.
No. 5-2002]
B.
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.
