[HISTORY: Adopted by the Township Committee of the Township of Little
Egg Harbor; see Ch. 1, General Provisions, Art. I. Amendments noted where
applicable.]
Pursuant to the provisions of N.J.S.A. 2B:12-1 et seq., there is hereby
established a Municipal Court for the Township of Little Egg Harbor.
The name of the Municipal Court shall be the "Municipal Court of the
Township of Little Egg Harbor, in the County of Ocean."
The Municipal Court shall have an official seal, which shall bear the
name of the Court.
There shall be a Judge of said Municipal Court who shall be appointed
by the governing body of the Township of Little Egg Harbor. Said Municipal
Court Judge shall serve for a term of three years from the date of his or
her appointment and until his or her successor is appointed and qualified.
Any appointment to fill a vacancy not caused by the expiration of term shall
be made for the unexpired term only.
Every Judge, temporary Judge, and Acting Judge of a Municipal Court
shall be a resident of this state and an attorney at law admitted to practice
in the State of New Jersey for at least five years, and in good standing.
The Judge of the Municipal Court shall receive an annual salary which
shall be fixed by the Salary Ordinance of the Township of Little Egg Harbor.
The salary shall be paid in the same manner as the salaries of other municipal
officers are paid. The salary shall be in lieu of all fees.
The Municipal Court of the Township of Little Egg Harbor and the Judge
thereof shall have, possess, and exercise all of the jurisdictions, functions,
powers and duties conferred by law and the applicable Rules of the Supreme
Court of New Jersey upon said Court and Judge.
There shall be an Administrator of the Municipal Court who shall be
appointed by the governing body of the Township of Little Egg Harbor. The
Administrator shall serve for a term of three years from the date of appointment
and until a successor is appointed and qualified. The Administrator of the
Municipal Court will receive an annual salary which shall be fixed by the
Salary Ordinance of the Township of Little Egg Harbor. The salary shall be
paid in the same manner as the salaries of other municipal officers and employees.
Such salary shall be paid in lieu of any other fees.
A.
A person shall be certified as a Municipal Court Administrator
if the person:
(1)
Is a high school graduate.
(2)
Has a combination of two years of either full-time government
employment performing duties related to those of Municipal Court Administrator,
or higher education.
(3)
Completes the training required by the Municipal Court
Administrator Certification Board appointment by the Supreme Court.
(4)
Passes the examination held by the Municipal Court Administrator
Certification Board.
(5)
Pays any required certification fee.
B.
If a person has been serving in the position of Municipal
Court Administrator for five years on the effective date of this chapter,
he or she shall be certified as a Municipal Court Administrator if he or she
passes the examination held by the Municipal Court Administrator Certification
Board and pays any required certification fee. If said person has been serving
that position for three years on the effective date of this chapter, he or
she shall be certified as a Municipal Court Administrator if he or she completes
the training required by a Municipal Court Administrator Certification Board,
passes the examination held by a Municipal Court Administrator Certification
Board, and pays any required certification fee. A certificate issued pursuant
to this section may be revoked or suspended by the Municipal Court Administrator
Certification Board for dishonest practices or failure to perform, or neglect
of, duties of a Municipal Court Administrator.
The Administrator of the Municipal Court shall perform such functions
and duties as shall be prescribed for said Administrator by law, by the rules
applicable to Municipal Courts, and by the Judge of the Municipal Court of
the Township of Little Egg Harbor.
Any process, order, warrant, or judgment issued by the Municipal Court
may be signed by the Judge or be attested in the Judge's name and signed by
the Municipal Court Administrator. The Municipal Court Administrator shall
have the authority granted by law and the Rules of Court to Administrators
and Clerks of Courts of record.
Before assuming the duties of office, a Judge or Administrator of the
Municipal Court, or person employed by the Municipal Court who handles money
in the scope of that employment, shall be covered by a bond or insurance against
loss or misappropriation of funds, payable to the Township of Little Egg Harbor,
County of Ocean, State of New Jersey, in an amount and with terms set by the
Township of Little Egg Harbor.
There is hereby created the position of Deputy Court Administrator of
the Municipal Court. The Deputy Court Administrator of the Municipal Court
will receive an annual salary which shall be fixed by the Salary Ordinance
of the Township of Little Egg Harbor. The salary shall be paid in the same
manner as the salaries of other municipal officers and employees. The salary
shall be paid in lieu of any other fees. The Deputy Court Administrator shall
perform such functions and duties as shall be prescribed for the Deputy Court
Administrator by law, the rules applicable to Municipal Court, and by the
Judge of the Municipal Court.
The Municipal Court shall be held at the Municipal Building, 665 Radio
Road, Little Egg Harbor Township, Ocean County, New Jersey. The Judge of the
Municipal Court of the Township of Little Egg Harbor shall sit on such days
and at such times as the business of the Court requires and as set by said
Judge, subject to the rules applicable to municipal courts.
There is hereby created the Office of the Municipal Public Defender.
The Mayor, with the advice and consent of Township Committee, may designate
one or more attorneys at law of the State of New Jersey to provide representation
of persons entitled by law to appointment of counsel, pursuant to the terms
of N.J.S.A. 2B:24-3, for crimes and offenses cognizable by the Municipal Court
of the Township of Little Egg Harbor. He or she shall serve for a term of
one year and thereafter until his or her successor has been appointed and
qualified.
The Public Defender shall defend indigent persons in the Municipal Court
of the Township of Little Egg Harbor upon being requested to do so by the
Municipal Judge, and shall perform such other duties as may be required by
N.J.S.A. 2B:24-6, and any other applicable statutes and Rules of Court of
the State of New Jersey.
Pursuant to N.J.S.A. 2B:24-1 et seq., the Township of Little Egg Harbor
shall require any person applying for representation by the Municipal Public
Defender to pay an application fee of not more than $200. The Municipal Court
may waive any required application fee, in whole or in part, if the Court
determines, in its discretion, that the application fee represents an unreasonable
burden on the person seeking representation.
The annual salary for the Municipal Public Defender shall be established
by the Township Committee by ordinance. The compensation of a Municipal Public
Defender for services rendered shall be in lieu of any and all other compensation
by the Township.
In addition to any other means provided by law for the removal from
office of a public official, a Municipal Public Defender may be removed by
the Township Committee for good cause and after a public hearing, and upon
due notice and an opportunity to be heard.
The Municipal Public Defender may represent private clients in any municipality,
including the municipality where they act as a Municipal Public Defender,
subject to the Rules of Court Governing the Conduct of Lawyers, Judges and
Court Personnel.
There is hereby created the position of Municipal Court Prosecutor.
The Municipal Court Prosecutor shall be an attorney at law of the State
of New Jersey in good standing.
The Municipal Court Prosecutor shall be appointed by the Mayor, with
the advice and consent of the Township Committee. He or she shall serve for
a term of one year and until his or her successor is appointed and qualified.
The Municipal Court Prosecutor shall appear in the Municipal Court on
behalf of the State of New Jersey or the Township of Little Egg Harbor in
any case therein pending, upon the request of the Municipal Judge, the Chief
of Police or directive of the Mayor or Committee. He or she shall exercise
the powers and duties assigned to such office by N.J.S.A. 2B:25-5, and any
other applicable statutes and Rules of Court of the State of New Jersey.
In addition to any other means provided by law for the removal from
office of a public official, a Municipal Court Prosecutor may be removed by
the Township Committee for good cause and after a public hearing, and upon
due notice and an opportunity to be heard.
The Municipal Court Prosecutor shall be compensated in accordance with
a professional services contract as approved by resolution of the Township
Committee. The compensation shall be in lieu of any and all other fees; provided,
however, that when a Municipal Prosecutor is assigned to prosecute a de novo
appeal in Superior Court, the Prosecutor shall be entitled to additional compensation,
unless the municipality expressly provides otherwise at the time the compensation
is fixed.
