[HISTORY: Adopted by the Borough Council
of the Borough of Pemberton 12-20-1948 (Ch. 5 of the 1975 Code); amended in its entirety 9-19-2022 by Ord. No. 2022-3. Subsequent amendments noted where applicable.]
There is hereby established the Borough of Pemberton Municipal
Court.
A. Territorial
jurisdiction. The Borough of Pemberton Municipal Court shall have
jurisdiction over cases arising within the territory of the Borough
except as provided in N.J.S.A. 27:25-5.15.
B. Jurisdiction
of specified offenses. The Borough of Pemberton Municipal Court shall
have jurisdiction over the following cases within the Borough: violations
of county and municipal ordinances; violations of motor vehicle and
traffic laws; disorderly persons offenses, petty disorderly persons
offenses and other nonindictable offenses except where exclusive jurisdiction
is given to the Superior Court; violations of the fish and game laws;
proceedings to collect a penalty where jurisdiction is granted by
statute; violations of laws regulating boating, and all other proceedings
where jurisdiction is granted by statute.
A. Judge
of Municipal Court. The Judge of the Borough of Pemberton Municipal
Court shall be a resident of the state and an attorney-at-law admitted
to practice in New Jersey for at least five years.
B. Appointment,
term of office and vacancy. The Judge shall be appointed by the Mayor
with the advice and consent of the Borough Council for a term of three
years from the date of appointment and until a successor is appointed
and qualified. An appointment to fill a vacancy not caused by the
expiration of term shall be for the unexpired term only.
C. Compensation.
The Judge shall be compensated in accordance with the provisions of
the Salary Ordinance.
A. Municipal
Court Administrator and other employees. A person who holds a municipal
court administrator certificate issued by the Supreme Court shall
be appointed by the Borough Council as the Borough of Pemberton Municipal
Court Administrator. The Mayor shall appoint such other employees
as may be deemed necessary for the operation of the Municipal Court.
Compensation for each position shall be as set forth in the Salary
Ordinance.
B. Powers
of Municipal Court Administrator. Any process, order, warrant or judgment
issued by the Borough of Pemberton Municipal Court may be attested
in the name of the Borough of Pemberton Municipal Court Judge and
signed by the Municipal Court Administrator. The Municipal Court Administrator
shall have the authority granted by law and the Rules of Court.
C. Tenure
and removal from office. A certified Municipal Court Administrator
who shall have served continuously in the position for five years
shall continue to hold the position during good behavior, and shall
not be removed therefrom for political or other reasons except for
good cause, upon written charges and after a public, fair and impartial
hearing.
A. Borough
Prosecutor qualifications, appointment and term. The Borough Prosecutor
shall be an attorney-at-law of the State of New Jersey in good standing,
and shall be appointed by the Borough Council for a term of one year
from the date of his or her appointment.
B. Compensation.
The Borough Prosecutor shall be compensated in accordance with the
provisions of the Salary Ordinance.
C. Duties.
The Borough Prosecutor shall, unless otherwise provided, represent
the state, the county and the Borough in the prosecution of all offenses
within the statutory jurisdiction of the Borough of Pemberton Municipal
Court, including violations of the Borough ordinances and codes pertaining
to zoning, land or property use regulation, property maintenance,
building or construction. The Borough Prosecutor shall be responsible
for handling all phases of the prosecution of an offense, including
but not limited to discovery, pretrial and posttrial hearings, motions,
dismissals, removals to Federal District Court and other collateral
functions authorized to be performed by the Municipal Prosecutor by
law or Rules of Court.
D. Removal.
The Borough Prosecutor may be removed by the Borough Council for good
cause shown and after a public hearing, and upon due notice and an
opportunity to be heard.