[HISTORY: Adopted by the Mayor and Council
of the Borough of Tuckerton 8-3-1959 by Ord. No. 123. Amendments noted where
applicable.]
A municipal court for the Borough of Tuckerton
in the County of Ocean is established as of August 15, 1959, pursuant
to the provisions of Chapter 264 of the Laws of 1948, as amended and
supplemented.[1]
[1]
Editor's Note: Chapter 264 of the Laws of
1948 was repealed by Chapter 293 of the Laws of 1993. See now N.J.S.A.
2B:12-1 et seq.
The name of the municipal court shall be the
"Municipal Court of the Borough of Tuckerton."
The Municipal Court shall have a seal which
shall bear the impress of the name of the court.
There shall be a Municipal Judge of said Municipal
Court who shall be appointed by the Mayor and Borough 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.
[Amended 10-3-2005 by Ord. No. 19-2005]
The Municipal Judge shall receive an annual
salary as shall be fixed and determined by the annual Salary Ordinance,[1] the said salary 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.
[Amended 3-21-1994 by Ord. No. 5-1994]
There shall be an Administrator of the Municipal
Court who shall be appointed by the Mayor and Borough Council to serve
for a term of three years from the date of appointment and until a
successor is appointed and qualified. The Administrator of the Municipal
Court shall receive an annual salary as shall be fixed and determined
by the annual Salary Ordinance,[1] said salary 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.
[Added 10-3-2005 by Ord. No. 19-2005; amended 5-3-2010 by Ord. No. 6-2010]
The Mayor, with the advice and consent of the
Borough Council, may designate any licensed member of the Bar of the
State of New Jersey as Municipal Prosecutor, whose duties shall be
to appear before the Municipal Court in all cases, where requested,
and to present to and prosecute said cases before the Court and to
assist the general public and the Police Department in the preparation
of complaints, when requested by the Chief of Police or such person
acting on his behalf. The Borough Council may provide for the compensation
of the Municipal Prosecutor.
[Added 10-3-2005 by Ord. No. 19-2005; amended 5-3-2010 by Ord. No. 7-2010]
The Mayor, with the advice and consent of the
Borough Council, shall appoint a Violations Clerk, who shall perform
such duties as may be required of him by statute or by direction of
the Court. The Violations Clerk shall receive an annual salary, which
shall be paid in the same manner as the salaries of other municipal
officers are paid.
The Municipal Court shall be held in the Tuckerton
Fire House, Tuckerton, New Jersey, or any other place as determined
by resolution by the Mayor and Borough Council.
The Municipal Judge shall sit at such times
as the business of the court may require, subject to the rules applicable
to municipal courts.
[Added 5-21-1990 by Ord. No. 10-1990]
A.
Position created. There is hereby created the position
of Public Defender.
B.
Qualifications. The Public Defender shall be an attorney
at law of the State of New Jersey.
C.
Appointment and term of office. The Public Defender
shall be appointed by the Mayor with the advice and consent of the
Borough Council. He shall serve for a term of one year commencing
on January 1 and thereafter until his successor has been appointed
and qualified. In the event that more than one Public Defender is
appointed, the Mayor shall designate, with the advice and consent
of the Borough Council, a Chief Municipal Public Defender who shall
have authority over the other public defenders serving the Municipal
Court with respect to the performance of their duties.
[Amended 3-2-1998 by Ord. No. 4-1998]
D.
Duties. The Public Defender shall defend indigent
persons in the Municipal Court of the Borough of Tuckerton upon being
requested to do so by the Municipal Judge and shall perform such other
duties as may be required by the Rules of Court or state statute.
F.
Any person applying for representation by the Public
Defender shall pay an application fee of not more than $200, but only
in an amount necessary to pay the costs of Public Defender services.
In accordance with the guidelines promulgated by the Supreme Court,
the Municipal Court may waive any required 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.
The Municipal Court may permit a person to pay the application fee
over a specific period of time not to exceed four months.
[Added 3-21-1994 by Ord. No. 5-1994;
amended 3-2-1998 by Ord. No. 4-1998]
G.
Lien for costs of Public Defender services. In addition
to the required Public Defender application fee, whenever the Municipal
Court assigns a case to the Public Defender or other assigned counsel
for the defense of an indigent person, the Municipal Court Administrator
shall notify the Borough Solicitor who shall file a lien notice with
the Clerk of the New Jersey Superior Court for the purpose of creating
a lien on all property of the defendant for the reimbursement of the
Borough's expenses therefor. The amount of the liens generally shall
be determined by resolution of the Mayor and Borough Council.
[Added 3-21-1994 by Ord. No. 5-1994]
