A Municipal Court is hereby established pursuant
to N.J.S.A. 2A:8-1 et seq.,[1] which Court shall be known as "Municipal Court of the
Township of Mount Holly" and the Judge of the Court shall be known
as the "Municipal Judge." The Municipal Court shall have the following
positions: Court Clerk and Deputy Court Clerk.
[1]
Editor's Note: Repealed by L. 1993, c. 293.
See N.J.S.A. 2B:12-1 et seq.
The Court shall have, possess and exercise all
of the functions, powers, duties and jurisdiction of a Municipal Court
as prescribed by N.J.S.A.2A:8-1 et seq., or as may hereafter be prescribed
by law.
The Clerk shall supervise and perform the clerical
work and procedure relating to the operations of the Municipal Court.
The Clerk shall also serve and perform the duties of the violations
clerk and any other necessary or related work.
The Deputy Clerk shall assist the Clerk of the
Court and perform such duties of the Clerk as shall be assigned to
him/her by the Clerk of the Court. The Deputy Clerk shall perform
all the duties of the Clerk during the absence or disability of the
Clerk.
The costs and fees charged against defendants,
when collected, shall become municipal funds and shall be turned over
to the custodian of the funds of the municipality. The fines and penalties
imposed in the Municipal Court shall be disposed of as prescribed
by law.
[Added 5-9-1994 by Ord. No. 1994-7; amended 9-14-1998 by Ord. No. 1998-12]
A.
Appointment. There is hereby created the position
of Municipal Public Defender who shall be appointed by the Township
Council. The Township Council may appoint a Municipal Public Defender
and such Deputy Municipal Public Defenders as may be determined by
the Township Council to be necessary.
B.
Qualifications. In accordance with the provisions
of P.L. 1997, c. 256,[1] the Municipal Public Defender and any Deputy Municipal
Public Defenders shall be qualified as an attorney at law of the State
of New Jersey in good standing and shall represent those defendants
appearing in Municipal Court who are determined by the Court to be
indigent and whose representation is assigned to the Township Public
Defender by the Court.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
C.
Term. The Municipal Public Defender or Deputy Municipal
Public Defender shall be appointed for a term of one year from the
date of appointment and may continue to serve in office pending reappointment
or appointment of a successor.
D.
Compensation. The Municipal Public Defender or Deputy
Municipal Public Defender shall be compensated in the manner established
by ordinance.
E.
Duties of the Municipal Public Defender. The Municipal
Public Defender shall have all of the duties provided by P.L. 1997,
c. 256, in the representation of indigent defendants in proceedings
over which the Mount Holly Municipal Court has jurisdiction and shall
have authority over any Deputy Municipal Public Defenders that may
be appointed by the Township Council with respect to the performance
of their duties.
F.
Deputy Municipal Public Defender. The Deputy Municipal
Public Defender, if one or more shall be appointed, shall serve in
the absence or disqualification of the Municipal Public Defender or
when assigned by the Municipal Public Defender.
G.
Representation of private clients. The Municipal
Public Defenders may represent private clients in the Municipal Court
and before Township agencies, subject to the Rules of Court Governing
the Conduct of Lawyers, Judges and Court Personnel.
[Added 9-14-1998 by Ord. No. 1998-12]
A.
A person applying for representation by the Municipal
Public Defender shall pay an application fee of $200. In accordance
P.L. 1997, c. 256,[1] and with guidelines promulgated by the Supreme Court,
the Municipal Court 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.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
B.
Eligibility for services. Eligibility for services of the Municipal Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant, except as provided in Subsection C. Need shall be measured as provided by law and in accordance with guidelines promulgated by the New Jersey Supreme Court. In the event that a determination of eligibility cannot be made before the time when the first services are to be rendered, or if an initial determination is found to be erroneous, the Municipal Court shall refer the defendant to the Municipal Public Defender provisionally, and if subsequently it is determined that the defendant is ineligible the Municipal Court shall inform the defendant, and the defendant shall be obliged to engage his own counsel and to reimburse the municipality for the cost of the services rendered to that time.
C.
Investigation of financial status. The Municipal Court
shall make an investigation of the financial status of each defendant
seeking representation and shall have the authority to require a defendant
to execute and deliver written requests or authorizations required
under applicable law to provide the Court with access to records of
public or private sources, otherwise confidential, as may be of aid
in evaluating eligibility. As provided by law, the Court is authorized
to obtain information from any public record office of the State or
of any subdivision or agency thereof on request and without payment
of the fees ordinarily required by law.
D.
Financial obligations of parents or guardians. As
provided by P.L. 1997, c. 256, whenever a person entitled to representation
by a Municipal Public Defender pursuant to this act is under the age
of 18 years, the eligibility for services shall be determined on the
basis of the financial circumstances of the individual and the financial
circumstances of the individual's parents or legal guardians.
E.
Reimbursement to the Township. As provided by P.L.
1997, c. 256, if the defendant has or reasonably expects to have means
to meet some part, though not all, of the cost of the services rendered,
the defendant shall be required to reimburse the Township and the
Township shall have a lien on any property to which the defendant
shall have or acquire an interest for an amount equal to the reasonable
value of the services rendered to a defendant pursuant to this Act
as calculated at the same rate as the office of the Public Defender
bills clients at that time.
F.
Collection and settlement of claims. The Municipal
Attorney may do all things necessary to collect any money due to the
Township by way of reimbursement for services rendered by a Municipal
Public Defender. The Municipal Attorney may enter into arrangements
with any state or county agency to handle collections on a cost basis.
The Municipal Attorney shall have all the remedies and proceedings
available for collection which are available for or upon the recovery
of a judgment in a civil action and shall also be permitted to collect
counsel fees and costs from the defendant. The Municipal Attorney
is authorized to compromise and settle any claim for services performed
whenever the financial circumstances of the person receiving the services
are such that, in the judgment of the Municipal Attorney, the best
interest of the Township will be served by compromise and settlement.
G.
Establishment of fund. Funds collected from the application
fee shall be deposited in a dedicated fund administered by the Chief
Financial Officer of the Township. The funds shall be used exclusively
to meet the costs incurred in providing the services of a Municipal
Public Defender including, when required, expert and lay investigation
and testimony.
H.
Effective dates. The application fee set forth in Subsection A above shall take effect immediately. In accordance with the provisions of P.L. 1997, c. 256, Section 6c,[2] the Township shall not be required to pay for expert and
lay investigation or testimony prior to March 22, 1999.
[2]
Editor's Note: See N.J.S.A. 2B:24-6c.
[Added 12-22-2003 by Ord. No. 2003-41]
The fines and penalties levied by the Municipal
Court for unlawful acts and violations are:
B.
Nontraffic section: designated offenses.
(1)
Drinking in public: $250.
(2)
Curfew: $200.
(3)
Animal at large: $75.
(4)
No dog license: $75.
(5)
Trash at curbside eight hours prior to pick up: $150.
(6)
Junk/unregistered car: $200.
(7)
Littering: $150.
(8)
Loitering: $150.
(9)
In park after hours: $100.
(10)
Possession of glass container: $150.
(11)
Dog barking: $150.
(12)
Urinating in public: $500.
(13)
Trash/rubbish in yard, first offense: $150.
(14)
Trash/rubbish in yard, second and subsequent
offenses: $500.
