[HISTORY: Adopted by the Mayor and Council
of the Borough of Dunellen as indicated in article histories. Amendments
noted where applicable.]
Under and by virtue of the power and authority granted the governing body by Chapter
264, Public Laws of 1948, a Municipal Court is hereby established in the Borough
of Dunellen to be known as the "Municipal Court of Dunellen."
The Court shall have a seal which shall bear
the impress of the name of the Court.
The Court shall be presided over by a Municipal
Judge. Said Municipal Judge shall be appointed by the Mayor with the
advice and consent of the Council of Dunellen, shall have the qualifications
required by law and shall serve for the term of three years from the
date of his appointment and until his successor has been appointed
and qualified.
The compensation of said Municipal Judge and
such clerks or other personnel as may be required and appointed by
the governing body in connection therewith shall be such annual salaries
as are now or may hereafter be provided in the Borough Salary Ordinance,
its supplements and amendments, which salary shall be in lieu of any
and all other fees.
Every Municipal Judge appointed by the governing
body shall be a resident of this state and shall be an attorney at
law or who is qualified under any rule of the Court.
Each Municipal Judge of said Municipal Court
shall, before entering upon the duties of his office, take and subscribe
to an oath in substantially the same manner as provided in N.J.S.A.
41:1-3.
The governing body may, by ordinance or resolution,
at any time, provide for an Administrator or other necessary assistants
for said Municipal Court and provide for their compensation. The governing
body may likewise designate by ordinance or resolution, any officer
or employee of the municipality to serve as Administrator of the Municipal
Court with or without additional compensation.
Whenever the Municipal Judge of said Municipal
Court shall be unable to sit as such Municipal Judge, he may designate
any other Municipal Judge of any municipal court or an attorney at
law to sit for him temporarily and hold the Municipal Court, provided
that such designation shall be made in writing and shall be filed
in said Court, whereupon any such person so designated, while sitting
temporarily, shall have all of the powers of the Municipal Judge of
said Court.
All fines, as well as costs and fees charged
against the parties when collected, shall become municipal funds,
unless otherwise provided by law, and shall be turned over to the
Borough Treasurer.
[Adopted 11-3-1997 by Ord. No. 97.08]
The office of Public Defender for the Municipal
Court of the Borough of Dunellen is hereby established pursuant to
N.J.S.A. 2B:24-1 et seq. Said office shall be subject to the administrative
supervision of the Municipal Court Judge.
The Public Defender shall represent such indigent
defendants in the Municipal Court as shall be designated by the Court
and shall perform such other duties as may be required by law.
The Public Defender shall be appointed by the
Mayor with the advice and consent of the Council to serve for a term
of one year commencing January 1 of each year and until a successor
shall have been appointed and qualified. Any vacancy in the office
of Public Defender shall be filled for the balance of the unexpired
term. The term of the first Public Defender appointed shall terminate
on the January 1 immediately following his appointment and qualification.
The Public Defender shall be an attorney at
law of the State of New Jersey and shall possess such other qualifications
as may be required by law.
Any person applying for representation by the
Public Defender shall, upon the filing of any such application, pay
an application fee of not more than $200, but only in an amount necessary
to pay the costs of Municipal Public Defender services; provided,
however, that the Municipal Court may waive the application fee, in
whole or in part, if it is determined by the Court, in its discretion,
that imposition of the application fee would impose an unreasonable
financial burden on the person seeking representation.
The office of Municipal Prosecutor for the Municipal
Court of the Borough of Dunellen is hereby reconstituted pursuant
to and in accordance with the provisions of N.J.S.A. 2B:12-27. All
other provisions of Borough ordinances relating to the Office of Municipal
Prosecutor not inconsistent herewith shall remain in full force and
effect.
Where consistent with the context in which used
in this article, words importing the singular shall include the plural;
words importing the plural shall include the singular; and, words
importing one gender shall include all other genders.
Captions contained in this article have been
inserted only for the purpose of facilitating reference to the various
sections, and are not intended and shall not be utilized to construe
the intent and meaning of the text of any section.