Township of Mount Laurel, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Mount Laurel 2-16-1949 as Ord. No. 49-1. Sections 13-3, 13-4 and 13-6 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Administration of government — See Ch. 4.
Division of Court Affairs — See Ch. 4, Art. VIII, § 4-34.
Pursuant to the provisions of Chapter 264, Pamphlet Law of 1948,[1] there is hereby established in and for the Township of Mount Laurel a Municipal Court, to be known and designated as the "Municipal Court of the Township of Mount Laurel."
Editor's Note: N.J.S.A. 2A:6-1 et seq., which included such provisions, was repealed by the Laws of 1991, Chapter 119, § 4, effective 4-25-1991.
Said Court shall be a court of record and shall have a seal which shall bear the impress of the name of the Court.
[Amended 10-17-1983 by Ord. No. 1983-31]
Said Court shall sit at the Municipal Center, Mount Laurel, New Jersey, or at such other place or places as the Township Council may from time to time designate by resolution.
[Amended 10-17-1983 by Ord. No. 1983-31]
Said Court shall be presided over by a Judge, who shall have such qualifications as are now or may hereafter be prescribed by law. Said Judge shall be appointed by the Township Council of the Township of Mount Laurel for a term of three years and shall serve until his successor shall have been appointed and shall qualify. He shall receive a salary according to the General Salary Ordinance,[1] payable at the same times and in the same manner as the salaries of other officers of the township as may be provided by the General Salary Ordinance. Said salary shall be in lieu of any and all fees of any nature whatsoever.
Editor's Note: see Ch. 53, Salaries and Compensation.
Said Judge shall, before entering upon the performance of the duties of his office, take and subscribe an oath in substantially the same form and manner as provided in and by the statutes of the State of New Jersey.
[Amended 10-17-1983 by Ord. No. 1983-31]
There is hereby created the office of Clerk of the Municipal Court of the Township of Mount Laurel. Said Clerk shall be ap-pointed by the Township Manager of the Township of Mount Laurel. He shall perform such duties as may be provided by law or may be assigned to him by the Judge of the Court. The Township Manager may provide for such clerical and other assistance as may be necessary for the proper conduct thereof and shall further provide the necessary accommodations and supplies therefor.
The territorial jurisdiction of said Court shall be the territory embraced within the Township of Mount Laurel. Said Court shall have such civil and criminal jurisdiction as shall now or hereafter may be prescribed by law and by the rules of the Supreme Court of the State of New Jersey.
The practice and procedure of said Court shall be substantially as provided by Sections 2:220-32 to 2:220-55, both inclusive, of the Revised Statutes of New Jersey, subject to such rules as the Supreme Court of the State of New Jersey shall promulgate and make applicable to municipal courts, which rules, insofar as they conflict with statutory and common-law regulations therefor existing, shall supersede the same.[1]
Editor's Note: See now N.J.S.A. 2B:12-1 et seq.
All causes and proceedings of whatever character pending in the Recorder's Court of the Township of Mount Laurel on the effective date of this chapter shall be transferred to said Municipal Court and shall be continued therein with the same effect as though they had been commenced originally therein. Further, all files, papers, dockets, books of account and data pertaining thereto and any money on deposit for bail or for any other purpose of and in said Recorder's Court shall be so transferred to the Municipal Court herein established.[1]
Editor's Note: Former Section 10, which immediately followed this section and dealt with the Recorder's Court, was deleted as obsolete.
The Judge of the Municipal Court of the Township of Mount Laurel, when appointed and qualified pursuant to the terms of this chapter, shall have and exercise any and all powers and duties now vested in said Judge in and by the statute referred to herein and any amendments thereof or supplements thereto and in and by any rule of the Supreme Court of the State of New Jersey heretofore or hereafter promulgated and made applicable to municipal courts.
[Added 6-20-1994 by Ord. No. 1994-16]
In order to obtain the services of the Municipal Public Defender, an application must be filed with the Municipal Court on a form provided by the township. The application form shall be consistent with the requirements of N.J.S.A. 2A:158-1 et seq.
The Municipal Court Judge shall make the decision as to which defendants are indigent after reviewing the defendant's application. This determination shall be based upon whether the application fits within the definition "indigent defendant" found within N.J.S.A. 2A:158-2.
The Municipal Court Judge shall assess an application fee of up to $200 to each person for whom the services of the Municipal Public Defender is provided. The determination of the precise dollar amount shall be made by the Municipal Court Judge after the Court has had an opportunity to review the defendant's application and has, therefore, been given an opportunity to determine a fair rate of fee for such defendant.
[Amended 12-15-1997 by Ord. No. 1997-33]
The defendant's inability to pay the application fee shall in no way affect or reduce the rendering of services to him or her. In the case of a defendant who is unable or unwilling to pay the application fee, the fee shall become a lien, and the township may collect the fee consistent with N.J.S.A. 40:6A-1 and N.J.S.A. 2A:158-19.
In all cases where it appears that the defendant has, or reasonably expects to have, means to meet some part, though not all, of the cost of the service rendered to him or her, he or she shall be required to reimburse the township, either by a single payment or in installments, in such amount as he or she can reasonably be expected to pay, but no default or failure in the making of such payment shall be made by the Municipal Court Judge, based on the defendant's application for Municipal Public Defender assistance.
All moneys collected as application fees shall be used exclusively to help defray the cost of administering the Municipal Public Defender system in the Municipal Court.