[Adopted 3-2-2011 by Ord. No. 2011-04[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
II, Single Joint Municipal Court, adopted 2-7-2007 by Ord. No. 2007-3.
Pursuant to N.J.S.A. 2B:12-1 et seq., a single joint municipal
court may be established between municipalities.
An interlocal services agreement entitled "Agreement Between
the Borough of Woodstown, the Township of Mannington, the Borough
of Elmer, the Township of Quinton, and the Township of Oldmans to
Establish the Mid-Salem County Municipal Court," hereafter referred
to as "agreement," which is on file in the office of the Municipal
Clerk, Oldmans Municipal Building, 32 West Mill Street, Pedricktown,
New Jersey, and available for public inspection between 9:00 a.m.
and 5:00 p.m. Monday through Friday, is hereby authorized to be entered
into by the Township of Oldmans, and the Mayor and Township Clerk
are authorized to sign same as evidence of this authorization.
By this article and said agreement, and by a similar ordinance
adopted by the parties establishing the Mid-Salem County Municipal
Court, there shall be established a single joint municipal court for
the Townships of Mannington, Oldmans, Quinton, and the Boroughs of
Elmer and Woodstown, to be known as "Mid-Salem County Municipal Court."
The jurisdiction of this Municipal Court shall be coextensive with
the territories of the Boroughs of Elmer and Woodstown and Townships
of Mannington, Oldmans, and Quinton, in Salem County, New Jersey.
The Judge of Mid-Salem County Municipal Court shall be nominated
and appointed by the Governor of the State of New Jersey, with the
advice and consent of the Senate of the State of New Jersey, and shall
serve for a term of three years from the date of appointment, and
until a successor is appointed and qualified.
The Administrator, Deputy Administrator(s), Prosecutor, Public
Defender and all other personnel shall be appointed by each municipal
entity which is a party to the agreement based upon recommendations
from the Court Committee described hereafter.
Oldmans' participation in Mid-Salem County Municipal Court shall
become effective and commence on April 1, 2011, and on that date the
single joint court with Carneys Point Township shall be abolished
and its functions, powers and duties, records and pending cases shall
be transferred to the Mid-Salem County Municipal Court established
pursuant to this article and by similar ordinances adopted by the
Townships and Boroughs.
The Borough of Woodstown shall furnish all facilities, such
as courtroom, Judge's chambers, administrator's office, violations
bureau, recording equipment, phones, computers, filing cabinets and
furniture for the proper administration of justice in the Mid-Salem
County Municipal Court.
A Mid-Salem County Court Committee shall be formed, consisting
of one representative appointed by each municipality. The Municipal
Court Committee shall establish the times and place when the Mid-Salem
County Municipal Court shall be convened and determine such other
details regarding the administration of the Court that do not require
action by the governing bodies. The Municipal Court Committee shall
act as a liaison between the Mid-Salem County Municipal Court and
the governing bodies of each municipality. The Municipal Court Committee
shall make recommendations regarding budget, appointments of employees
and other matters pertaining to the administration of the Mid-Salem
County Municipal Court.
The Municipal Court Committee shall recommend the salaries and
other compensation to be paid to the Judge, Municipal Court Administrator,
Deputy Administrator(s), Prosecutor, and all other personnel employed
in connection with the Mid-Salem County Municipal Court and must be
approved by each municipality.
The Borough of Woodstown shall pay all compensation and expenses
associated with the operation of the Court, subject to payment by
Oldmans to it pursuant to the agreement.
In consideration of the expenses which will be incurred by the
Mid-Salem County Municipal Court in connection with the operation
of the Municipal Court, Oldmans shall pay to the Borough of Woodstown
the sum described in the agreement.
All fines, costs, fees, penalties and forfeitures, including
forfeitures of bail, imposed by the Mid-Salem County Municipal Court,
and any other funds, which are distributable to local municipalities,
shall be paid over and forwarded to the Chief Financial Officer for
that municipality in which the complaint, charge, events, acts or
violation arose which produced the particular fine, cost, fee, penalty,
forfeiture or other funds. Distribution of such monies shall be made
on a monthly basis directly to the respective municipality along with
a monthly report. Each municipality shall receive a copy of not only
its monthly report, but also the monthly report of the other municipalities
as well.
Said Mid-Salem County Municipal Court shall continue indefinitely
on a year-to-year basis unless terminated by either Woodstown, Mannington,
Elmer, Quinton, and/or Oldmans adopting an ordinance prior to September
1 withdrawing its municipality from said Mid-Salem County Municipal
Court effective December 31 of that same year and after advance written
notice to the other municipalities prior to September 1 for the termination
on December 31 of that same year.
The provisions of this article may be subject to modification
from time to time and may be amended by the parties by mutual agreement,
including the adoption of duplicate resolutions, or ordinances when
necessary, by the respective municipalities.
All employees of the Mid-Salem County Municipal Court shall
receive an annual salary set forth on the annual salary ordinances
adopted by each municipality.
