[HISTORY: Adopted by the Township Committee
of the Township of Elk 12-1-2011 by Ord. No. O-14-2011.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also superseded former
Ch. 10, Court, adopted 6-2-1961, as amended.
Effective December 23, 2011, the Municipal Court of the Township
of Elk is hereby abolished.
[Amended 12-19-2017 by Ord. No. O-14-2017]
The Elk Township Municipal Court shall be abolished and this chapter shall be effective December 23, 2011 at 12:00 a.m., and after due notice is given as set forth in § 10-3. All summonses and other appropriate matters issuing or arising from the Township of Elk and the Borough of Clayton shall be processed in the Elk Joint Municipal Court on and after January 1, 2018, including those matters arising prior to January 1, 2018 which remain pending.
[Amended 12-19-2017 by Ord. No. O-14-2017]
Notice of repeal and abolishment of the Municipal Courts of
the Township of Elk and the Borough of Clayton, and establishment
of the Elk Joint Municipal Court shall be provided, in writing, to
the Administrative Offices of the Courts and the Assignment Judge
of the Vicinage, and posted in the municipal buildings of the participating
municipalities in a location where public notices are normally posted.
[Amended 12-19-2017 by Ord. No. O-14-2017]
A.Â
The Mayor and governing bodies of the participating municipalities
desire to establish a single Joint Municipal Court to be located in
the Township of Elk located at 680 Whig Lane Road, Monroeville, New
Jersey 08343.
B.Â
The Township of Elk Committee hereby approves and agrees to the terms
of the "Agreement for the Operation of a Joint Municipal Court Between
the Township of Elk and Borough of Clayton" attached hereto and incorporated
herein by reference and expressly authorize the Mayor and Clerk of
the Township of Elk to execute the agreement on behalf of the Township.
C.Â
Pursuant to the provisions of N.J.S.A. 2B:12-1 et seq., the Elk Joint
Municipal Court is hereby established.
[Amended 12-19-2017 by Ord. No. O-14-2017]
The territorial jurisdiction of the Elk Joint Municipal Court
shall be coextensive with the territory of the Township of Elk and
the Borough of Clayton, Gloucester County, New Jersey.
[Amended 12-19-2017 by Ord. No. O-14-2017]
In accordance with N.J.S.A. 2B:12-4, as amended, the Judge of
the Elk Joint Municipal Court shall be appointed by the Governor with
the advice and consent of the Senate and shall have the qualifications
required by law and shall serve for a term of three years from the
date of his/her appointment and until his/her successor has been appointed
and has qualified. The compensation of the judge shall be an annual
salary as is now or hereinafter may be provided by ordinance and in
accordance with the terms of the Agreement for the Operation of a
Joint Municipal Court between the Township of Elk and Borough of Clayton.
[Amended 12-19-2017 by Ord. No. O-14-2017]
There shall be a Joint Municipal Court Administrator and at
least one Deputy Court Administrator who shall be appointed as provided
by this chapter and in accordance with the terms of the Agreement
for the Operation of a Joint Municipal Court between the Township
of Elk and Borough of Clayton.
[Amended 12-19-2017 by Ord. No. O-14-2017]
The Elk Joint Municipal Court support staff shall be appointed
in the manner provided by this chapter and in accordance with the
terms of the Agreement for the Operation of a Joint Municipal Court
between the Township of Elk and Borough of Clayton.
[Amended 12-19-2017 by Ord. No. O-14-2017]
The Joint Municipal Court Prosecutor shall be appointed in the
manner provided by this chapter and in accordance with the terms of
the Agreement for the Operation of a Joint Municipal Court between
the Township of Elk and Borough of Clayton. The Joint Municipal Court
Prosecutor shall have the jurisdiction, powers and duties prescribed
by N.J.S.A. 2B:25-1 et seq.
[Amended 12-19-2017 by Ord. No. O-14-2017]
A.Â
Appointment. The Joint Municipal Court Public Defender shall be appointed
in the manner provided by this chapter and in accordance with the
terms of the Agreement for the Operation of a Joint Municipal Court
between the Township of Elk and Borough of Clayton. The Joint Municipal
Court Public Defender shall have the jurisdiction, powers and duties
prescribed by N.J.S.A. 2B:24.1, et seq.
B.Â
Representation. Any person applying to the Elk Joint Municipal Court
for representation by a Municipal Public Defender shall, in accordance
with the provisions of N.J.S.A. 2B:24-17, pay an application fee of
not more than $200, but only in an amount determined by the Joint
Municipal Court Judge necessary to pay the costs of municipal public
defender services. The Joint Municipal Court Judge may waive said
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. Said determination shall be
made in accordance with the applicable provisions under law.
C.Â
Alternate method of collection. If the payment of the fee is deferred
by the Joint Municipal Court Judge or the fee is otherwise unpaid,
then the participating municipalities may endeavor to collect the
fee in the manner provided in N.J.S.A. 40:6A-1 and N.J.S.A. 2A:158A-19.
