Borough of Old Tappan, NJ Chapter 22 Court, Municipal

[HISTORY: Adopted by the Mayor and Council of the Borough of Old Tappan 5-26-1975 as Sec. 2-16 of the 1975 Code, as amended through Ord. No. 526-94. Subsequent amendments noted where applicable.]

§ 22-1 Establishment.

There shall be a Municipal Court in the borough as of January 1, 1949, pursuant to the provisions of N.J.S.A. 2A:8-1 et seq.[1] to be known as the Municipal Court of the Borough of Old Tappan. The Municipal Court shall have a seal bearing the impress of the name of the Court.

[1] Editor's Note: Repealed by L. 1993, c. 293. See now N.J.S.A. 2B:12-1 et seq.

§ 22-2 Municipal Judge.

A. There shall be a Municipal Judge appointed by the Mayor with the advice and consent of the Borough Council. The Municipal Judge shall serve for a term of three years from the date of appointment and until a successor shall be appointed and qualified.

B. The Municipal Judge shall have and possess the qualifications, and shall have, possess and exercise all of the functions, duties, powers and jurisdiction conferred by N.J.S.A. 2A:8,[1] or by general law or ordinance.

[1] Editor's Note: See now N.J.S.A. 2B:12-1 et seq.

§ 22-3 Municipal Court Clerk; Deputy Clerk. [1]

There shall be a Clerk and Deputy Clerk of the Municipal Court, each of whom shall be appointed by the Mayor, with the advice and consent of the Council, for a term of one year commencing January 1 of the year in which each is appointed. The Clerk and Deputy Clerk shall perform such functions and duties as shall be prescribed for such officers by law, the rules applicable to Municipal Courts and by the Municipal Judge. The duties of the Clerk and Deputy Clerk shall include, but not be limited to:

A. Carrying out the rules, regulations, policies and procedures relating to the operation of the Court.

B. Interviewing and speaking to prospective complainants; receiving complaints and dispensing information relating to Court matters.

C. Maintaining the financial records of the Court.

D. Attending Court, taking minutes of the trials and entering them in the docket; arranging trial calendars; signing Court documents; preparing and issuing warrants and commitments.

E. Taking and preparing bail bonds, making inquiry as to their sufficiency and equity; receiving and accounting for fines and costs.

F. Interviewing persons on informal Police Court matters to determine if there is a basis for formal action and, if necessary, issue summonses requiring Court appearance in this regard; maintaining and classifying records and files.

[1] Editor's Note: See N.J.S.A. 2B:12-10 for current provisions concerning appointment of Municipal Court Administrator.

§ 22-4 Application fee for representation by Public Defender.

[Amended 5-2-2011 by Ord. No. 1033-11]

A person applying for representation by the Public Defender shall pay an application fee of $200. The Municipal Court may waive the 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.