A.
Established; powers. There shall be a Municipal Court in the Borough pursuant to the provisions of Chapter 264 of the Laws of New Jersey 1948,[1] to be known as the "Municipal Court of the Borough of Carteret, Middlesex County." The Municipal Court shall have a Seal bearing the impress of the name of the Court. The Court shall be held in the Borough Hall or such other place as the Borough Council designates from time to time and shall exercise all the functions, powers, duties and jurisdiction conferred upon Municipal Courts by the provisions of Chapter 264 of the Laws of New Jersey 1948 or any other law.
[1]
Editor's Note: See now N.J.S.A. 2B:12-1 et seq.
B.
Municipal Judge; powers and duties.
C.
Municipal Court Clerk. There shall be a Clerk of the Municipal Court appointed by the Mayor and Council. He shall perform the functions and duties prescribed for him by law, the rules applicable to Municipal Courts and by the Municipal Judge. His duties shall include but not be limited to:
(1)
Carrying out the rules, regulations, policies and procedures relating to the operation of the Court.
(2)
Interviewing and speaking to prospective complainants, receiving complaints and dispensing information relating to Court matters.
(3)
Maintaining the financial records of the Court.
(4)
Attending Court, taking minutes of the trials and entering them in the docket, arranging trial calendars, signing Court documents and preparing and issuing warrants and commitments.
(5)
Taking and preparing bail bonds, making inquiry as to their sufficiency and equity and receiving and accounting for fines and costs.
(6)
Interviewing persons on informal police court matters to determine if there is a basis for formal action and, if necessary, issuing summonses requiring court appearances in this regard; and maintaining and classifying records and files.
D.
Borough Prosecutor.
(1)
There is hereby established, as of December 15, 1970, the office or position of Borough Prosecutor.
(2)
The Borough Prosecutor shall act as the prosecutor in the Local Municipal Court and perform all legal duties necessary and consistent with the duties of a prosecutor in the Municipal Court.
(3)
He shall be appointed by the Mayor with the consent of the Council and shall serve for the term of one year and until his successor shall be appointed and shall qualify.
(4)
The Borough Prosecutor shall receive an annual salary as established by the Borough Council.
[Amended 4-19-1990 by Ord. No. 90-16]
E.
Deputy Municipal Court Clerk.
[Added 9-21-1976 by Ord. No. 76-21]
(1)
There is hereby created the office or position of Deputy Municipal Court Clerk.
(2)
The Deputy Municipal Court Clerk shall be appointed by the Mayor with the consent of the Council.
(3)
Powers and duties.
(a)
The Deputy Municipal Court Clerk shall have all the powers and perform all the duties of the Municipal Court Clerk during such times and such specific periods as the Municipal Court Clerk is absent.
(b)
In addition to the duties required to be performed in the absence of the Municipal Court Clerk, the Deputy Municipal Court Clerk shall act as assistant to the Municipal Court Clerk and perform the duties according to the specifications on file for said position and perform such duties as may be assigned by the Municipal Court Clerk or Municipal Magistrate.
F.
Assistant Violations Clerk.
[Added 3-18-1993 by Ord. No. 93-5]
(1)
There is hereby created the position of Assistant Violations Clerk in the Borough of Carteret. The Assistant Violations Clerk shall work under the supervision of the Municipal Court Clerk of the Borough, or a person assigned by her, and shall perform the work set forth herein.
(2)
The Assistant Violations Clerk assists the Violations Clerk in supervising and/or performing the more difficult and responsible work involved in collecting fees for traffic violations in Municipal Courts; in the absence of the Violation Clerk, assumes the duties of the Violations Clerk and has the official authority to act as the Violations Clerk when the Violations Clerk is not present; does related work as required.
(3)
Examples of work. The Assistant Violations Clerk:
(a)
Assists the Violations Clerk in supervising and/or performing the more difficult and responsible work involved in collecting fees for traffic violations in relation to the acceptances of appearance, waivers of trial, pleas of guilty, payment of fines and costs and 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)
Maintains, classifies, indexes and cross-reference records and files.
(k)
Assumes the Violations Clerk's duties when the Violations Clerk is absent and has the official authority to act as the Violations Clerk.
(4)
Requirements. The Assistant Violations Clerk shall have:
(a)
Experience. One year of clerical experience involving the maintenance of accounts.
(c)
Ability.
[1]
The ability to read, write, speak, understand or communicate in English sufficiently to perform the duties of the position. Communication may include forms such as American Sign Language or Braille.
[2]
The ability to comprehend established office routines and rules and regulations of a limited complexity.
[3]
The ability to maintain suitable records and files.
(5)
Persons with mental or physical disabilities are eligible as long as they can perform the essential functions of the job after reasonable accommodation is made to their known limitations. If the accommodation cannot be made because it would cause the employer undue hardship, such persons may not be eligible.
G.
Municipal Public Defender.
[Added 12-27-1995 by Ord. No. 95-57; amended 12-27-1995 by Ord. No. 95-59; 2-5-1998 by Ord. No. 98-1]
(1)
Established. The Mayor and Council do hereby establish the position of Municipal Public Defender.
(2)
Appointment; term.
(a)
There shall be at least one Municipal Public Defender, who shall be appointed by the Mayor with the advice and consent of the Council. Each appointment shall be for a term of one year, which shall commence as of the first day of January of the year of appointment and shall continue until December 31 of such year or until such later date as on which a successor is appointed and qualified.
(b)
In such event as the governing body should by resolution determine a need for the appointment of more than one public defender, then the governing body may act to appoint additional Municipal Public Defenders in the same manner and to serve for concurrent one-year terms. If an additional Municipal Public Defender is appointed, then the governing body shall designate one of the Municipal Public Defenders to be "Chief Municipal Public Defender." The Chief Municipal Public Defender shall have authority over other Municipal Public Defenders serving that court with respect to the performance of their duties.
(3)
Qualifications. Each Municipal Public Defender shall be an attorney-at-law of this state in good standing and shall have not less than a minimum of three years' experience as a practicing attorney having experience in the representation of private and/or governmental clients before the Superior and/or Municipal Courts within the State of New Jersey with respect to matters involving the prosecution and/or defense of charges of violations of criminal, and/or motor vehicles statutes and/or municipal police ordinances.
(4)
Duties.
(a)
It shall be the duty of the Office of the Municipal Public Defender to represent, except in the case of temporary unavailability or conflict of interest, any defendant charged with an offense in Municipal Court who is an indigent municipal defendant entitled to representation pursuant to P.L. 1997, c. 256.[2] All necessary services and facilities of representation pursuant to this act, including both expert and lay investigation and testimony, as well as other preparations, shall be provided in every case. The municipality shall be responsible for payment of services pursuant to this section. The factors of need and real value to a defendant may be weighted against the financial constraints of the municipality in determining the necessary services and facilities of representation. The final determination as to necessity for services required shall be made by the Municipal Court.
[2]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
(b)
The Office of Municipal Public Defender shall be responsible for handling all phases of the defense, including but not limited to discovery, pretrial and post-trial hearings, motions, removals to federal district court and other collateral reasonably related to the defense, as provided by P.L. 1997, c. 256,[3] the municipality shall not be required to pay for the expert and lay investigation or testimony until March 22, 1999.
[3]
Editor's Note: See N.J.S.A. 2B:24-1.
(c)
The Office of Municipal Public Defender shall represent an indigent defendant charged in Municipal Court with a crime as specified in N.J.S.A. 2B:12-18 or, if in the opinion of the 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, the Office of Municipal Public Defender shall represent an indigent defendant.
(5)
Vacancies; conflicts. If there is a vacancy in the Office of Municipal Public Defender, if the Municipal Public Defender is temporarily unavailable, or if a finding of conflict of interest precludes the Municipal Public Defender from representing an indigent defendant, the Municipal Prosecutor may prosecute the offense if the Municipal Court appoints a qualified attorney to represent the indigent defendant. Unless rates are otherwise established by the municipality, the attorney shall be entitled to compensation at the same rate as attorneys hired by the Office of the Public Defender in conflict cases, with payment to be made within 30 days. Once appointed, the attorney shall carry out all duties of the Municipal Public Defender in connection with the case that is the subject of the appointment.
(6)
Determination of eligibility.
(a)
Eligibility for services of the Municipal Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant, except as otherwise provided hereinafter relative to any defendants who are under the age of 18 years. Need shall be measured according to Section 14 of P.L. 1967, c. 43 (N.J.S.A. 2A:158A-14), and guidelines promulgated by the New Jersey Supreme Court.
(b)
In the event that a determination of eligibility cannot be made before the time when the first services are to be rendered, or if an initial determination is found to be erroneous, the Municipal Court shall refer the defendant to the Municipal Public Defender provisionally, and if subsequently it is determined that the defendant is ineligible, the Municipal Court shall inform the defendant, and the defendant shall be obliged to engage his own counsel and to reimburse the Municipal Court for the cost of services rendered to that time.
(c)
The Municipal Court shall make an investigation of the financial status of each defendant seeking representation pursuant to this act and shall have the authority to require a defendant 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. The Court is authorized to obtain information from any public record office of the state or of any subdivision or agency thereof on request and without payment of the fees ordinarily required by law.
(d)
Whenever a person entitled to representation by a Municipal Public Defender pursuant to this act is under the age of 18 years, the eligibility for services shall be determined on the basis of financial circumstance of the individual and the financial circumstances of the individual's parents or legal guardians. The municipality shall be entitled to recover the cost of legal services from the parent or legal guardian as provided in Section 16 of P.L. 1997, c. 256,[4] and the Municipal Court shall have authority to require parents or legal guardians to execute and deliver the written requests or authorization required under applicable law in order to provide the Court with access to records of public or private sources, otherwise confidential, as may be of aid to it in evaluating eligibility.
[4]
Editor's Note: See N.J.S.A. 2B:24-16.
(e)
If the defendant has or reasonably expects to have means to meet some part, though not all, of the cost of the services rendered, the defendant shall be required to reimburse the municipality, either by a single payment or in installments in such amounts as he can reasonably be expected to pay; but no default or failure in making payment shall affect or reduce the rendering of services.
(7)
Payment lien.
(a)
A municipality shall have a lien on any property to which the defendant shall have or acquire an interest for an amount equal to the reasonable value of the services rendered to a defendant pursuant to this act as calculated at the same rate as the Office of the Public Defender bills clients at that time.
(b)
To effectuate such a lien for the municipality, the Municipal Attorney shall file a notice setting other services rendered to the defendant and the reasonable value thereof with the Clerk of the Superior Court. The filing of the notice with the Clerk of the Superior Court shall constitute a lien on property for a period of 10 years from the date of filing, unless discharged sooner, and, except for such time limitations, shall have the force and effect of a judgment. Within 10 days of the filing of the notice, the Municipal Attorney shall send, by certified mail, or serve personally, a copy of the notice with a statement of the date of the filing to or upon the defendant at the defendant's last known address. If the Municipal Attorney shall fail to give notice, the lien is void.
(8)
Application fee for representation by Municipal Public Defender.
(a)
Persons applying to the Carteret Municipal Court for representation by a Municipal Public Defender or court-approved counsel shall be required to pay an application fee of not more than $200, but only in an amount necessary to pay the costs of the Municipal Public Defender services.
(b)
In accordance with guidelines promulgated by the Supreme Court, the Municipal Court may waive any required application fee, in whole or in part, only if the Court determines, in its direction, upon a clear and convincing showing by the applicant that the application fee represents an unreasonable burden on the person seeking representation. The Municipal Court may permit a person to pay the application fee over a specific period of time not to exceed four months.
(9)
Funds deposited in dedicated fund. Funds collected pursuant to Subsection G(8)(a) of this section shall be deposited in a dedicated fund administered by the Chief Financial Officer of the municipality or, in the case of a joint municipal court, in a manner agreed to by the constituent municipalities. Such funds shall be used exclusively to meet the costs incurred in providing the services of a Municipal Public Defender, including, when required, expert and lay investigation and testimony.
(10)
Fund monitoring and reporting.
(a)
The Municipal Public Defender or, if there is more than one, then the Chief Municipal Public Defender shall obtain from the Municipal Court and from the Chief Financial Officer of the Borough such information as is necessary so as to be able to prepare an interim and annual report, which shall summarize the number of applications received; number approved; number assigned to the Office of the Municipal Public Defender; number assigned to appointed counsel; number of cases disposed; number pending; total fees assessed; total fees collected; total fees receivable; principal dollar amount of lines forwarded for processing; total salary expenses; total fees appointed to counsel; total payments for expert and lay investigation and testimony, and all other services provided and expenses incurred in relationship to such services as are provided by the Borough in behalf of indigent defendants. Said reports shall also contain a statement as to whether the amount of money in such dedicated fund exceeds by more than 25% the amount which was expended by the municipality during the prior year to provide the services of a Municipal Public Defender. An interim report for the eight months ended August 31 of each year shall be prepared and submitted to the governing body, with a copy to the Municipal Court and the Chief Financial Officer by September 30 of each year.
(b)
An annual report for the twelve months ended December 31 of the immediately preceding year shall be prepared and submitted in the same manner as the interim report by March 15 of each year.
(11)
Rates for court-appointed counsel. In such event as no Municipal Public Defender is available or able to represent an indigent defendant (as is defined by P.L. 1997, c. 256[5]) and the Municipal Court appoints an attorney to provide such representation, then such court-appointed attorney shall be entitled to be compensated based upon the following rates:
(a)
Fifty dollars per hour for services rendered outside actual court appearance, not to exceed five hours without express written authorization of the Court.
(b)
Seventy-five dollars per hour for actual court appearances, not to exceed $150 per court appearance, without express written authorization of the Court.
[5]
Editor's Note: See N.J.S.A. 2B:24-1.
(12)
Severability; when effective. If any part of this chapter of the Code of the Borough of Carteret shall be held invalid, the holding shall not affect the validity of the remaining parts of this chapter. If any part of this chapter is held invalid in one or more of their applications, the rules shall remain in effect in all valid applications that are severable from the invalid application. The ordinance shall become effective upon adoption after publication thereof in accordance with law.