[HISTORY: Adopted by the Township Committee
of the Township of Little Egg Harbor 5-10-2007 by Ord. No. 2007-08. 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.
[Added 6-8-2023 by Ord. No. 2023-14]
All requests for discovery in matters pending in the Township
of Little Egg Harbor Municipal Court shall be submitted through the
Municipal Prosecutor.
[Amended 8-10-2023 by Ord. No. 2023-28]
The following fees shall be payable by the requestor to the
Township for the discovery provided:
A. The fee assessed for discovery embodied in the form of printed matter
shall be $0.05 per letter-size page or smaller, and $0.07 per legal-size
page or larger. From time to time, as necessary, these rates may be
revised pursuant to a schedule promulgated by the Administrative Director
of the Courts.
B. If the prosecutor can demonstrate that the actual costs for copying
discovery exceed the foregoing rates, the prosecutor shall be permitted
to charge a reasonable amount equal to the actual costs of copying.
(1) The actual copying costs shall be the costs of materials and supplies used to copy the discovery, but shall not include the costs of labor or other overhead expenses associated with making the copies, except as provided for in Subsection
C herein.
(2) Electronic records and nonprinted materials shall be provided free
of charge, but the prosecutor may charge for the actual costs of any
needed supplies, such as computer discs.
C. Whenever the nature, format, manner of collation, or volume of discovery
embodied in the form of printed matter to be copied is such that the
discovery cannot be reproduced by ordinary document-copying equipment
in ordinary business size, or is such that it would involve an extraordinary
expenditure of time and effort to copy, the prosecutor may charge,
in addition to the actual copying costs, a special service charge
that shall be reasonable and shall be based upon the actual direct
costs of providing the copy or copies. Pursuant to R. 7:7-1, the defendant
shall have the opportunity to review and object to the charge prior
to it being incurred.
D. If the defendant requests an electronic record:
(1) In a medium or format not routinely used by the prosecutor;
(2) Not routinely developed or maintained by the prosecutor; or
(3) Requiring a substantial amount of manipulation or programming of
information technology, the prosecutor may charge, in addition to
the actual cost of duplication, a special charge that shall be reasonable
and shall be based on i) the cost for any extensive use of information
technology, or ii) the labor cost of personnel providing the service
that is actually incurred by the prosecutor or attributable to the
prosecutor for the programming, clerical, and supervisory assistance
required, or iii) both. Pursuant to R. 7:7-1, the defendant shall
have the opportunity to review and object to the charge prior to it
being incurred.
E. Actual postage for any discovery sent by mail.
F. Photographs will be photocopied at the rates established herein.
If requests are made for duplicate photographs, the actual cost of
making the photographs shall be charged.
G. The fee for body camera video shall be $52 per hour for review and
redaction of body camera video. Review and redaction hours shall be
billable in 1/2-hour increments. Body camera video requests under
1.5 hours shall not incur a charge.
H. Duplication of videotapes constitutes an extraordinary duplication
process and will be charged at the rate of $5 per videotape.
Furnishing of vehicle accident reports shall be pursuant to
N.J.S.A. 39:4-131.
Where the discovery must be obtained from an entity other than
the Township of Little Egg Harbor, e.g., another police department,
the actual costs paid to the other entity shall be paid by the requestor.