[HISTORY: Derived from Section 2-15 of the 1972 Revised General Ordinances,
as amended through 10-1-1998. Subsequent amendments noted where applicable.]
There shall be a Municipal Court pursuant to the provisions of N.J.S.A.
2B:12-1 et seq. (L. 1993, c. 293), as amended and supplemented, to be known
as the "Municipal Court of the Township of Hardyston, Sussex County." The
Municipal Court shall have a seal bearing the impress of the name of the Court.
The Court shall be held in the Municipal Building of the Township of Hardyston,
or such other place as the Council shall designate from time to time, and
shall exercise all the functions, powers and duties and jurisdiction conferred
upon municipal courts by the provisions of N.J.S.A. 2B:12-1 et seq., as amended
and supplemented, or any other law. The Municipal Court of the Township of
Hardyston shall be established effective January 1, 1994.
A.Â
There shall be a Municipal Judge of the Municipal Court
appointed by the Township Council. The Municipal Judge shall serve for a term
of three years from the date of appointment and until a successor shall be
appointed and qualifies.
B.Â
The Municipal Judge shall have and possess the qualifications
and shall have, possess and exercise all the functions, duties, powers and
jurisdiction conferred by N.J.S.A. 2B:12-1 et seq., as amended and supplemented,
or by general law or ordinance.
There shall be an administrator of the Municipal Court who shall be
appointed by the Township Manager and who shall perform such functions and
duties as shall be prescribed by law and rules applicable to municipal courts
and by the Municipal Judge. The Municipal Court Administrator's duties shall
include, but not be limited to:
A.Â
Carrying out the rules, regulations, policies and procedures
relating to the operation of the Court.
B.Â
Interviewing and speaking to prospective complaints;
receiving complaints and dispensing information relating to Court matters.
C.Â
Maintaining the financial records of the Court.
D.Â
Attending Court, taking minutes of the trials and entering
them in the docket; arranging trial calendars; signing Court documents; preparing
and issuing warrants and commitments.
E.Â
Taking and preparing bail bonds, making inquiry as to
their sufficiency and equity; receiving and accounting for fines and costs.
F.Â
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; maintaining and classifying
records and files.
The Township of Hardyston may appoint a Deputy Administrator of the
Municipal Court, who shall be appointed by the Township Manager and who shall
perform the functions assigned by the Municipal Judge and the Municipal Court
Administrator.
A.Â
There shall be a Municipal Prosecutor appointed by the
Township Council to a term of one year effective January 1, 1994, with appointments
made annually thereafter. The Municipal Prosecutor need not be a resident
of the township, but shall be an attorney at law of New Jersey.
B.Â
The Municipal Prosecutor shall have the jurisdiction,
powers and duties prescribed by law and rules of Court.
The position of Municipal Public Defender is hereby established so that persons applying for representation by a Municipal Public Defender may avail themselves of said service. Applicants requesting representation by a Municipal Public Defender shall pay the application fee, as provided in Chapter 88, Fees, in accordance with the provisions of N.J.S.A. 2B:24-17. In accordance with guidelines promulgated by the Supreme Court, the Municipal Court may waive any required application fee, in whole or in part, 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.
