[HISTORY: Adopted by the Mayor and Council of the Borough of Oaklyn 12-1-1948. Amendments noted where applicable.]
Pursuant to the provisions of Chapter 264, Pamphlet Laws of 1948, there is hereby established in and for the Borough of Oaklyn a Municipal Court to be known and designated as the "Municipal Court of the Borough of Oaklyn."
Editor's Note: See now N.J.S.A. 2B:12-1 et seq.
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 9-13-1977 by Ord. No. 13-77]
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 Borough Council of the Borough of Oaklyn for a term of three years and shall serve until his successor shall have been appointed and shall qualify. The Judge of the Municipal Court shall receive an annual salary as provided by an annual Salary Ordinance, said salary to 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 9-13-1977 by Ord. No. 13-77]
There is hereby created the office of Clerk of the Municipal Court of the Borough of Oaklyn. Said Clerk shall be appointed by the Borough Council of said Borough and shall hold his office during the pleasure of the Borough Council. The Clerk of the Municipal Court shall receive an annual salary as may be provided by an annual Salary Ordinance, payable at the same times and in the same manner as the salaries of other officers and employees of said Borough. The Clerk shall perform such duties as may be provided by law or may be assigned to him by the Judge of said Court. The Borough Council may, by resolution, provide for such clerical and other assistance as may be necessary for the proper conduct of said Court and shall further provide the necessary accommodations and supplies therefor.
The territorial jurisdiction of said Court shall be the territory embraced within the Borough of Oaklyn. 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 N.J.S.A. 2:220-32 to 220-55, 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 theretofore existing, shall supersede the same.
Editor's Note: For current provisions concerning the practice and procedure of the Municipal Court, consult Part VII, Rules Governing the Courts of the State of New Jersey (1976 Edition).
The Judge of the Municipal Court of the Borough of Oaklyn, 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 rules of the Supreme Court of the State of New Jersey heretofore or hereafter promulgated and made applicable to municipal courts.
[Added 9-13-1977 by Ord. No. 13-77]
A Violations Clerk of the Municipal Court and a Deputy Violations Clerk shall be appointed by the Municipal Judge. The Violations Clerk and Deputy Violations Clerk shall hold office for a term of one year. The Violations Clerk and Deputy Violations Clerk shall receive an annual salary to be determined by the Mayor and Council, which salary shall be paid in the same manner as the salaries of other municipal officers are paid and which shall be in lieu of all fees, costs and any other allowances whatsoever. They may be required to enter into a bond in favor of the Borough of Oaklyn in such amount as may be prescribed by the Mayor and Council, which bond shall be approved as to form and surety by the Borough Attorney and shall be filed with the Borough Clerk. The Violations Clerk and the Deputy Violations Clerk shall keep the docket of the Municipal Court; send out such notices as the Judge of the Municipal Court shall order; collect fines from persons convicted of violations of any regulation, ordinance or law in the Municipal Court; keep records of postponements of court appearances; and perform such other duties as may be prescribed by law, by the court rules applicable to municipal courts and by the Judge of the Municipal Court.