A.
The Municipal Court, as heretofore established and
empowered pursuant to N.J.S.A. 2B:12-1 et seq., is continued, and
the Municipal Court Judge thereof shall continue in his or her statutory
term of office and shall hereafter be appointed by the Mayor with
the advice and consent of Council for a three-year term of office,
as provided by law. The Council, in the event of vacancy of the office
of Municipal Court Administrator, shall appoint a Municipal Court
Administrator for a period of one year and provide for such other
necessary clerical assistants for the Municipal Court and provide
for their compensation. Pursuant to N.J.S.A. 2B:12-10, the Municipal
Court Judge may appoint an Acting Municipal Court Administrator or
Acting Deputy Municipal Court Administrator during the temporary absence
of the individual who has received the permanent appointment as Municipal
Court Administrator. Such Acting Municipal Court Administrator or
Acting Deputy Municipal Court Administrator shall serve with such
compensation as fixed by the Council, and such appointment shall be
effective until the return of the Municipal Court Administrator or
until the Council provides for an Acting Municipal Court Administrator
or Acting Deputy Municipal Court Administrator to serve during the
absence of the Municipal Court Administrator, whichever first occurs.[1]
B.
A Violations Bureau may be established by the Municipal
Court Judge if it is determined that the efficient disposition of
the Court's business and the convenience of defendants so require
pursuant to Rule 7:7-1 of the Rules Governing the Courts of the State
of New Jersey, as amended. The Violations Clerk shall serve during
the term of the Municipal Court Judge appointing him or her and shall
receive such compensation as may be fixed from time to time by ordinance
of the Council.
[Added by Ord. No. 1994-5]
A.
Appointment and qualification. There shall be a Municipal
Prosecutor of the Township of Delran who shall be an attorney at law
of the State of New Jersey and shall serve for a period of one year
from the first day of January of the year of his appointment until
his successor has been duly appointed and qualified. The appointment
of the Municipal Prosecutor shall be by resolution duly adopted pursuant
to the Local Public Contracts Law.[1] The Municipal Prosecutor shall be appointed by the Township
Council.
[Amended 9-3-2019 by Ord. No. 2019-19]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
B.
Powers and duties of Municipal Prosecutor. The Municipal
Prosecutor shall prosecute on behalf of the state or the Township
of Delran any case to be tried before the Municipal Judge whenever
requested to do so by the Judge, the Township Council, the Mayor,
the Township Attorney or the Chief of Police of the Township of Delran
and any and all matters that are properly brought before the Municipal
Court of the Township of Delran and shall assume any and all duties
as may from time to time be assigned to the office of the Municipal
Prosecutor.
[Added by Ord. No. 1994-6; amended by Ord. No. 1998-4]
A.
Public Defender; appointment. There is hereby created
the position of Municipal Public Defender who shall be appointed by
the Township Council. The Township Council may appoint a Municipal
Public Defender and such Deputy Municipal Public Defenders as may
be determined by the Township Council to be necessary.
B.
Qualifications. In accordance with the provisions
of P.L. 1997, c. 256,[1] the Municipal Public Defender and any Deputy Municipal
Public Defenders shall be qualified as an attorney at law of the State
of New Jersey in good standing and shall represent those defendants
appearing in Municipal Court who are determined by the Court to be
indigent and whose representation is assigned to the Township Public
Defender by the Court.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
C.
Term. The Municipal Public Defender or Deputy Municipal
Public Defender shall be appointed for a term of one year from the
date of appointment and may continue to serve in office pending reappointment
or appointment of a successor.
D.
Compensation. The Municipal Public Defender or Deputy
Municipal Public Defender shall be compensated in the manner established
by ordinance.
E.
Duties of the Municipal Public Defender. The Municipal
Public Defender shall have all of the duties provided by P.L. 1997,
c. 256[2] in the representation of indigent defendants in proceedings
over which the Delran Municipal Court has jurisdiction and shall have
authority over any Deputy Municipal Public Defenders that may be appointed
by the Township Council with respect to the performance of their duties.
[2]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
F.
Deputy Municipal Public Defender. The Deputy Municipal
Public Defender, if one or more shall be appointed, shall serve in
the absence or disqualification of the Municipal Public Defender or
when assigned by the Municipal Public Defender.
G.
Representation of private clients. The Municipal Public
Defenders may represent private clients in the Municipal Court and
before Township agencies, subject to the Rules of Court Governing
the Conduct of Lawyers, Judges and Court Personnel.
[Added by Ord. No. 1994-6; amended by Ord. No. 1998-4]
A.
Application for representation by the Public Defender.
Any person applying for representation by a Municipal Public Defender
shall pay an application fee of $200. In accordance P.L. 1997, c.
256,[1] and 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 discretion, 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.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
B.
Eligibility for services. 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 provided in Subsection C. Need shall be measured as provided by law and in accordance with guidelines promulgated by the New Jersey Supreme Court. 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 municipality for the cost of the services rendered to that time.
C.
Investigation of financial status. The Municipal Court
shall make an investigation of the financial status of each defendant
seeking representation 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. As provided by law, 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.
Financial obligations of parents or guardians. As
provided by P.L. 1997, c. 256,[2] whenever a person entitled to representation by a Municipal
Public Defender pursuant to this section is under the age of 18 years,
the eligibility for services shall be determined on the basis of the
financial circumstances of the individual and the financial circumstances
of the individual's parents or legal guardians.
[2]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
E.
Reimbursement to the Township. As provided by P.L.
1997, c. 256, 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 Township, and the
Township 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 section
as calculated at the same rate as the office of the Public Defender
bills clients at that time.
F.
Collection and settlement of claims. The Municipal
Attorney may do all things necessary to collect any money due to the
Township by way of reimbursement for services rendered by a Municipal
Public Defender. The Municipal Attorney may enter into arrangements
with any state or county agency to handle collections on a cost basis.
The Municipal Attorney shall have all the remedies and proceedings
available for collection which are available for or upon the recovery
of a judgment in a civil action and shall also be permitted to collect
counsel fees and costs from the defendant. The Municipal Attorney
is authorized to compromise and settle any claim for services performed
whenever the financial circumstances of the person receiving the services
are such that, in the judgment of the Municipal Attorney, the best
interest of the Township will be served by compromise and settlement.
G.
Establishment of fund. Funds collected from the application
fee shall be deposited in a dedicated fund administered by the Chief
Financial Officer of the Township. The 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.
H.
Effective dates. The application fee set forth in Subsection A above shall take effect as of March 22, 1998. In accordance with the provisions of P.L. 1997, c. 256, § 6c,[3] the Township shall not be required to pay for expert and
lay investigation or testimony prior to March 22, 1999.
[3]
Editor's Note: See N.J.S.A. 2B:24-6c.
