[HISTORY: Adopted by the Township Committee of the Township of Bethlehem 12-20-1990 by Ord. No. 235-1-90;[1] amended in its entirety 12-16-2010 by Ord. No. 395-2010. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 10, Court, Municipal, adopted 5-7-1987 by Ord. No. 235-87.
There is hereby created a Joint Municipal Court consisting of the following members: the Township of Bethlehem and the Borough of Bloomsbury, all located in Hunterdon County (the members herein).
The name of the Joint Municipal Court shall be the "Joint Municipal Court of the Township of Bethlehem and Borough of Bloomsbury" (the Joint Municipal Court herein).
The jurisdiction of the Joint Municipal Court shall be coextensive with the territory of the Township of Bethlehem and the Borough of Bloomsbury. Upon the effective date, all municipal courts heretofore existing in Bloomsbury and Bethlehem are hereby abolished and their functions, powers and duties, records, property and pending cases shall be transferred to the Joint Municipal Court, which shall exercise all the powers, duties and jurisdiction conferred by law upon a municipal court.
A. 
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 a successor shall be appointed and qualified.
B. 
The Municipal Judge shall have and possess the qualifications and exercise all the functions, duties, powers and jurisdiction conferred by law or ordinance. The Municipal Judge shall be an attorney at law of the State of New Jersey. Whenever the Municipal Judge is unable to sit as such, he or she may designate any other judge of any municipal court to sit for him or her temporarily and hold the Joint 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 of the powers of the Municipal Judge.
C. 
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 joint municipal courts and judges by the Administrative Office of the Courts.
There shall be a Municipal Prosecutor of the Joint Municipal Court who shall prosecute cases in the Joint Municipal Court, except each member, at its discretion, may appoint a prosecutor for all or particular zoning matters. The Municipal Prosecutor shall be appointed by Bethlehem Township.
There shall be an Administrator of the Joint 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 Bethlehem Township. The Administrator's duties shall include but not be limited to:
A. 
Carrying out the rules, regulations, policies and procedures relating to the operation of the Court.
B. 
Interviewing and speaking to persons wishing to file criminal complaints or wishing information in this regard; receiving complaints and dispensing information relating to Court matters.
C. 
Maintaining the financial records of the Court.
D. 
Attending Court; recording pleas, judgments and dispositions; arranging trial calendars; signing Court documents; preparing and issuing warrants and commitments and other Court-related documents.
E. 
Taking and preparing bail bonds, recognizances and security in lieu thereof; making inquiry concerning their sufficiency and equity; receiving and accounting for fines and costs.
F. 
Maintaining and classifying records and files of the Court.
G. 
Maintaining, forwarding, receiving and reporting such records, reports and files as required by the Director of the Division of Motor Vehicles.
H. 
Carrying out such additional duties as may be required in order to fulfill the duties of Court Administrator.
There may be one or more Deputy Administrators of the Joint Municipal Court, who shall be appointed by Bethlehem Township. Deputy Municipal Court Administrators shall perform the functions assigned to them by the Municipal Judge and the Municipal Court Administrator.
There may be appointed clerical and other assistance for the Joint Municipal Court as recommended by the Municipal Judge and approved by Bethlehem Township.
Bethlehem Township shall appoint an auditor for the Joint Municipal Court who shall be a registered municipal accountant. The auditor shall perform a yearly audit of the Joint Municipal Court, which audit shall be prepared generally in accordance with the requirements of the Local Fiscal Affairs Law, N.J.S.A. 40A:5-1 et seq., and shall be completed no later than May 31 of each year.
Any member of the Joint Municipal Court may withdraw effective at the end of any calendar year during the Court's operation; provided, however, that the member has given the Joint Municipal Court and each member thereof three months' written notice of its intention to withdraw.
The Municipal Judge shall prepare or have prepared a budget for the Joint Municipal Court, which shall be submitted to the governing body of each member by October 1 of each year. The budget shall set forth an estimate of all expenses and revenues for the upcoming calendar year and shall be in a form that is consistent with municipal budgets. By January 1 of each year, each member shall adopt a resolution approving the budget. If the budget is not unanimously approved by that date by each member, then a meeting or meetings shall be held between the members or a committee appointed by the members and the Municipal Judge and a budget agreeable to all members and the Municipal Judge shall be developed and submitted to each member for approval on or before January 15 of each year. No personnel or staff may be appointed or expenditure authorized for the Joint Municipal Court unless provided for in the Joint Municipal Court budget or by emergency appropriation by all members or by budget changes of all members adopted in compliance with state law.
Insurance coverage and/or bonds shall be obtained that protects the Joint Municipal Court and its personnel from claims against it arising out of or in the nature of workers' compensation, bodily injury, property damage, personal injury, civil rights, violations, defalcations by Court personnel and such other coverages as may be necessary. The coverage may be provided either through policies issued to the member or through separate policies issued to the Joint Municipal Court. Bethlehem Township and Bloomsbury Borough, on behalf of the Joint Municipal Court, shall continue to provide liability insurance which protects the Joint Municipal Court's employees and/or facilities.
The governing bodies of the Township of Bethlehem and the Borough of Bloomsbury are hereby authorized to enter into contract with each other pursuant to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq.
This chapter shall be effective upon passage and publication in accordance with law, by all members, and the Joint Municipal Court shall commence operation on March 1, 2010.
A. 
Office created. There shall be a Municipal Public Defender appointed as provided by law in the case of a joint municipal court. The Municipal Public Defender shall serve the Joint Municipal Court. The Township of Bethlehem shall execute an intermunicipal agreement to effectuate the establishment of the office of the Municipal Public Defender and provisions set forth in this section.
B. 
Qualifications. The Municipal Public Defender shall be an attorney at law of the State of New Jersey but need not be a resident of the township.
C. 
Term of office. The term of office of the Municipal Public Defender shall be for an initial term commencing March 22, 1998, and terminating on December 31, 1998. Following expiration of the initial term, the term of office shall be for one-year commencing on January 1 and terminating on December 31. The Municipal Public Defender may continue to serve in office pending reappointment or appointment of a successor.
D. 
Duties. It shall be the duty of the Municipal Public Defender to represent, except in the case of temporary unavailability or conflict of interest, any defendant charged with a crime as specified in N.J.S.A. 2B:12-18 or if, in the opinion of the Joint Municipal Court, there is a likelihood that the defendant, if convicted of any other offense, will be subject to imprisonment or other consequence of magnitude. Other duties are as set forth in the statute governing municipal public defenders.
E. 
Salary. The Municipal Public Defender shall receive compensation as set forth in the intermunicipal agreement between the Township of Bethlehem and the Borough of Bloomsbury regarding the Municipal Public Defender. The intermunicipal agreement shall also provide for the terms of payment of additional compensation, if any, for any interlocutory appeals in the Superior Court.
F. 
Municipal Public Defender application fee; waiver. Each individual applying for representation by the Municipal Public Defender shall be required to pay an application fee of $200, provided that such amount shall not exceed the amount necessary to pay the cost of the Municipal Public Defender services. The Municipal Court Judge may waive any required application fee, in whole or in part, only if the Court determines, in its discretion, upon a clear and convincing showing by the applicant, that the application fee represents an unreasonable burden on the party seeking representation.
G. 
Dedicated fund. The funds collected pursuant to § 10-15F above shall be deposited in a dedicated fund administered pursuant to the intermunicipal agreement between the Township of Bethlehem and the Borough of Bloomsbury regarding the Municipal Public Defender. Such funds shall be used exclusively to meet the cost incurred in providing the services of a Municipal Public Defender, including, when required, expert and lay investigation and testimony.
H. 
Investigation of financial status of defendant. With respect to each defendant entitled to and seeking representation by the Municipal Public Defender, the Joint Municipal Court shall make an investigation of the financial status of each defendant, and/or the defendant's legal guardians or parents if the defendant is under the age of 18 years. The investigation shall include the authority to require a defendant, and/or the defendant's legal guardians or parents if the defendant is under the age of 18 years, to execute and deliver written requests or authorizations required under applicable law to provide the Court with access to records of public or private sources, otherwise confidential, as may be of aid in evaluating eligibility.
I. 
Collection. The Attorney for the Township of Bethlehem shall be permitted, in the name of the Township of Bethlehem, to collect any money due to the Township of Bethlehem by way of reimbursement for services rendered by a Municipal Public Defender as provided by law.