[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.]
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."
[1]
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was repealed by the Laws of 1991, Chapter 119, § 4, effective 4-25-1991.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.
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]
[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]
[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.
A.
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.
B.
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]
C.
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.
D.
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.
E.
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.
