[HISTORY: Adopted by the Borough of Rutherford Council 12-21-1948 by Ord. No. 1544. Amendments noted where applicable.]
A Municipal Court for the Borough of Rutherford is established, as of January 1, 1949, pursuant to the provisions of Chapter 264 of the Laws of 1948, as amended and supplemented.
The name of the Municipal Court shall be the "Municipal Court of the Borough of Rutherford."
The Municipal Court shall have a seal which shall bear the impress of the name of the Court.
There shall be a Municipal Court Judge of said Municipal Court who shall be appointed by the Mayor with the advice and consent of the Council and who shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified; provided, however, that the Recorder who shall be in office upon this chapter becoming effective shall be the Municipal Court Judge and shall continue to be such Municipal Court Judge for a term equal to the balance of the term for which he was originally appointed.
The Judge of the Municipal Court shall receive such annual salary as the Mayor and Council may from time to time adopt by ordinance, to 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.
The Municipal Court and the Municipal Court Judge thereof shall have, possess and exercise all the functions, powers, duties and jurisdiction conferred by the provisions of Chapter 264 of the Laws of 1948, as amended, supplemented, or by any other law.
There shall be a Municipal Court Administrator who shall be appointed by the Municipal Court Judge and who shall serve for a term of one year from the date of his appointment and until his successor is appointed and qualified; provided, however, that the Court Clerk who shall have been transferred to said Municipal Court pursuant to the provisions of Chapter 264 of the Laws of 1948, as amended and supplemented, shall be the Clerk of the Municipal Court and shall continue to be such Clerk for a term equal to the balance of the term for which he was originally appointed.
The Municipal Court Administrator shall receive such annual salary as the Mayor and Council may from time to time adopt by ordinance, to 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 other allowances whatsoever. He shall perform such functions and duties as shall be prescribed for him by law, by the rules applicable to Municipal Courts and by the Municipal Court Judge.
The Municipal Court shall be held in the Municipal Building. The Judge shall sit at such times as shall be designated by him and at such other times as the business of the Court may require, subject to the rules applicable to Municipal Courts.
[Added 3-7-1995 by Ord. No. 2723-95]
There is hereby created the position of Public Defender for the Borough of Rutherford, which position shall be appointed by the Mayor with advice and consent of the Council to represent persons in Municipal Court proceedings as directed by the Municipal Court Judge. The term of office of the Public Defender shall be one year, commencing January 1 of the calendar year and concluding December 31 of that same year. The Public Defender's compensation shall be established by the annual salary ordinance or by contract as determined by the governing body.
[Added 3-7-1995 by Ord. No. 2723-95]
In order to obtain the services of the Public Defender, an application must be filed with the Municipal Court on a form to be provided by the Borough. The Municipal Court Judge shall make a decision as to whether a defendant is indigent after reviewing each defendant's application. This determination shall be based upon whether the defendant has the present financial ability to secure competent legal representation and to provide all other necessary expenses of representation.
The Municipal Court Judge shall assess an application fee of $50 from each defendant who makes an application for the services of the Public Defender. This fee shall be due regardless of whether the applicant is found to require the services of the Public Defender; however, the Municipal Court Judge may waive this fee, in whole or in part, if the Judge determines, in his or her discretion, that this application fee represents an unreasonable burden on said defendant.
The defendant's inability to pay the application fee shall in no way affect or reduce the rendering of services to him. In the case of a defendant who is unable or unwilling to pay the application fee and for whom the fee was not waived, then the fee shall become a lien, and the Borough may collect the fee consistent with N.J.S.A. 40:6A-1, 2A:158A-19 or in any manner as permitted by law.
Editor's Note: This ordinance also repealed former § 60-11, Effective date.
[Added 11-23-2004 by Ord. No. 3057-04]
All requests for discovery in matters pending in the Borough of Rutherford Municipal Court shall be submitted through the office of the Municipal Prosecutor.
The following fees shall be paid by the requester, payable to the Borough of Rutherford, for the discovery provided:
Seventy-five cents per page for each of the first 10 pages photocopied.
Fifty cents per page for each of the next 10 pages photocopied.
Twenty-five cents per page for each of the pages photocopied thereafter.
Actual postage for any discovery sent by mail to the requestor.
Twenty-five cents for the envelope for any discovery sent by mail to the requestor.
Photographs will be photocopied and fees charged according to the above schedule. If requests for duplicate photographs are made, the actual cost of making the duplicated photographs shall be charged.
Duplication of videotapes constitutes an extraordinary duplication process and will be charged at the rage of $5 per videotape.
On any item that cannot be photocopied on the Court's copy machine or for any item not otherwise provided for in this schedule, the actual cost incurred in making the copies shall be the fee charged to the requestor.
Where the discovery must be obtained from an entity other than the Borough of Rutherford or any of its subentities (for example, from another municipality's police department), the actual costs paid to the other entity shall be paid by the requestor.
Fees charged by the Municipal Court shall be published as part of this section, consistent with the provisions of the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq.