[HISTORY: Adopted by the Mayor and Council of the Borough of Stanhope
12-27-1948. Amendments noted where applicable.]
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,[1] 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,[1] 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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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]
[1]
Editor's Note: Repealed by L. 1993, c. 293. See now N.J.S.A. 2B:12-1
et seq.
The Municipal Court shall be held in the Borough Hall.