[HISTORY: Adopted by the Mayor and Council of the Borough of Stanhope 12-27-1948. Amendments noted where applicable.]
The name of the Municipal Court shall be the "Municipal Court of the Borough of Stanhope."
The Municipal Court shall have a seal which shall bear the impress of the name of the Court.
There shall be a Municipal Judge of the said Municipal Court, who shall be appointed by the Mayor, with the advice and consent of the Council, and who shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified.
The Municipal Judge shall receive an annual salary, to be paid in the same manner as the salaries of other municipal officers are paid, which shall be in lieu of all fees, costs and any other allowances whatsoever.
The said Municipal Court and the Municipal Judge thereof shall have, possess and exercise all the functions, powers, duties and jurisdiction conferred by the provisions of Chapter 264 of the Laws of 1948, as amended and supplemented, or by any other law.
The Borough Council may, by ordinance or resolution, provide for such clerical or other assistance as shall be deemed necessary and shall establish their compensation by ordinance.
[Added 3-29-1994 by Ord. No. 1994-7; amended 12-30-1997 by Ord. No. 1997-21]
Position created. Pursuant to P.L. 1997, c. 256, the borough shall employ the services of an attorney at law of the State of New Jersey, to be referred to as the "Municipal Public Defender," to provide for the representation of persons entitled by law to the appointment of counsel in the Municipal Court.
Appointment; term; compensation. The appointment of the Municipal Public Defender shall be by the Mayor with the advice and consent of the Council. The appointment shall be made annually and shall run for the remainder of the calendar year of appointment. At the expiration of term of office, the Municipal Public Defender may continue to serve in office pending reappointment or appointment of a successor. The appointment shall be by resolution of the Mayor and Council setting a fixed fee to be paid in installments as professional service contract without bidding, pursuant to the Local Public Contracts Law.
Responsibilities. The Municipal Public Defender shall be responsible to conduct the legal representation of indigent defendants who have been assigned to the Municipal Public Defender by the Municipal Court Judge, following a review by the Court of the charges against the defendant, any possible consequence of magnitude and the financial condition of the defendant.
Fee for services; waiver. Any individual defendant in the Municipal Court applying for the services of the Municipal Public Defender shall pay an application fee of $200. In accordance with guidelines promulgated by the Supreme Court, 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 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.
[Amended 4-26-2005 by Ord. No. 2005-6]
The Municipal Court shall be held in the Borough Hall.