[HISTORY: Adopted by the City Council of
the City of Vineland 7-11-1952 by Ord. No. 4; amended
in its entirety 5-22-2001 by Ord. No. 2001-34 (Ch. 20 of the 1990
Code). Subsequent amendments noted where applicable.]
A Municipal Court of the City of Vineland is
hereby established pursuant to N.J.S.A. 2B:12-1. The name of the Municipal
Court shall be the "Municipal Court of Vineland," and it shall be
located in the City of Vineland.
[Amended 9-10-2013 by Ord. No. 2013-43]
The Vineland Municipal Court shall be presided
over by two Judges, one of which shall be designated as the Chief
Judge Municipal Court of Vineland. In accordance with N.J.S.A. 2B:12-4,
the two Judges shall be appointed by the Mayor with the advice and
consent of the Council, and each shall serve for a term of three years
from the date of appointment and until a successor is appointed and
qualified. The Chief Judge shall be designated by the Mayor with the
advice and consent of the Council.
[Amended 9-10-2013 by Ord. No. 2013-43]
The qualifications of the individuals considered
for the position of Judge and Chief Judge of the Municipal Court of
Vineland shall be as provided for in N.J.S.A. 2B:12-7. The Chief Judge
shall be based upon the extent of his/her experience as a jurist and
attorney in the State of New Jersey as well as the extent of the qualifications
set forth in the aforementioned statute.
[Amended 9-10-2013 by Ord. No. 2013-43]
A.
The Judges of the Municipal Court shall receive such
salary as may be fixed by the Council in the compensation schedules
heretofore adopted or hereafter to be adopted in the Schedule of Classified/Unclassified
Positions and Applicable Salary Ranges in the Civil Service of the
City of Vineland.
B.
The Municipal Court Judge and Chief Judge of the Vineland
Municipal Court shall be part-time. The Vineland Municipal Court Judge
and Chief Judge shall be available to perform their duties and shall
sit on such days and evenings and for such period as the disposition
of matters before them shall require in accordance with the rules,
regulations and directives of the New Jersey Supreme Court, the Administrative
Office of the Courts, and the Assignment Judge of Cumberland County.
C.
The Vineland Municipal Court Judge and Chief Judge
may engage in private practice or serve in other legal capacities
which shall not interfere or supersede their duties as Judge and Chief
Judge of the Vineland Municipal Court.
[Amended 9-10-2013 by Ord. No. 2013-43]
A.
The Municipal
Court Judge and Chief Judge of the Vineland Municipal Court shall
possess and exercise all of the functions, powers, duties and jurisdiction
conferred by New Jersey law.
B.
The Chief
Judge of the Vineland Municipal Court shall be responsible to designate
the time and place of Court and assign cases among Judges of the Vineland
Municipal Court pursuant to the rules of Court. The Chief Judge shall
have the authority to designate an Acting Court Administrator or Deputy
Administrator, to serve temporarily in the event of the absence of
the Administrator or Deputy Administrator, who shall be paid at a
rate established by the Chief Judge but not exceeding that which has
been established for the Administrator or Deputy Administrator.
The Municipal Court shall have jurisdiction
over cases arising within the territory of the City of Vineland. Said
Court shall have jurisdiction over offenses within its territorial
jurisdiction as specified in the New Jersey statutes.
[Amended 8-13-2002 by Ord. No. 2002-52]
A.
The position of Public Defender within the Municipal Court is hereby
established and shall be a part-time position. The Public Defender
shall be appointed by the Mayor with the advice and consent of the
City Council and shall serve for the term of one year from the date
of appointment and until a successor is appointed and qualified. The
Public Defender shall not be entitled to compensatory time or overtime.
[Amended 10-27-2009 by Ord. No. 2009-68; 8-26-2014 by Ord. No. 2014-39]
B.
The Public Defender shall, in the manner prescribed by New Jersey
law, provide legal representation of any person charged with a disorderly
persons offense or with the violation of any law, ordinance or regulation
of a penal nature where there is a likelihood that the person so charged,
if convicted, will be subject to imprisonment or, in the opinion of
the Court, any other consequences of magnitude. The Public Defender
shall also represent those defendants who have been declared indigent
by the Municipal Court Judge and provide necessary time and expertise
so as to adequately and competently represent those persons assigned
to his/her counsel and in a manner that shall not adversely impact
the proper operation of the Vineland Municipal Court in dispensing
justice.
[Amended 8-26-2014 by Ord. No. 2014-39]
C.
The Municipal Court Administrator shall charge $200
per application for Public Defender services. The fee may be waived,
in whole or in part, upon a clear and convincing finding by the Municipal
Court Judge that the application fee represents an unreasonable burden
on the person seeking representation.
[Amended 10-27-2009 by Ord. No. 2009-68]
D.
Fees collected pursuant to this section shall be deposited
in a dedicated fund administered by the City Comptroller. Such fund
shall be used exclusively to meet the costs incurred in providing
the services of the Public Defender, including, when required, expert
and lay investigation and testimony.
[Added 1-11-2011 by Ord. No. 2010-63]
The position of Alternate Public Defender is hereby established.
The Alternate Public Defender shall serve in the absence of the Public
Defender or in cases where a conflict prohibits the Public Defender
from serving. The Alternate Public Defender shall be subject to the
same administrative provisions of this article.
