There is hereby created a Municipal Court for the Borough of Eatontown as established by Borough ordinance. The Director of the Municipal Court shall be the Municipal Court Administrator.
There shall be a Municipal Court Judge of said Municipal Court, who shall be appointed by the Mayor and approved by the Council and who shall serve for a term of three years from the date of his or her appointment and until his or her successor is appointed and qualified; provided, however, that the Judge who shall be in office upon this article becoming effective shall be the Municipal Court Judge and shall continue to be the Municipal Court Judge for a term equal to the balance of the term of which he or she was originally appointed.
The Municipal Court Judge shall receive an annual salary to be fixed by ordinance in the same manner as salaries of other municipal officials are fixed and which shall be in lieu of all fees, costs and other allowances whatsoever.[1]
[1]
Editor's Note: The Salary Ordinance is on file in the Borough offices.
The Municipal Court Judge shall have the functions, duties, powers and jurisdiction conferred by N.J.S.A. 2B:12-1 et seq. or by general law or ordinance.
The Mayor and Council shall provide for an employee of the Borough of Eatontown to act as the Municipal Court Administrator of said Municipal Court and to receive such compensation as shall be fixed by the Council by resolution, from time to time. He or she shall perform such functions and duties as shall be designated for him or her by law, the rules applicable to municipal courts and by the Municipal Court Judge. The Municipal Court Administrator shall also be the Director of the Municipal Court with the powers and duties prescribed to Department Directors within the Borough. Specifically the Municipal Court Administrator shall:
A. 
Carry out the rules, regulations and policies and procedures related to the operation of the Court.
B. 
Interview and speak to prospective complainants; receiving complaints and dispense information relating to Court matters.
C. 
Maintain the financial records of the Court.
D. 
Attend Court, taking minutes of the trials and entering them in the docket; arrange trial calendars; sign Court documents; prepare and issue warrants and commitments.
E. 
Take and prepare bail bonds and make inquiry as to their sufficiency and equity; receive and account for fines and costs.
F. 
Interview persons on informal police Court matters to determine if there is a basis for formal action and, if necessary, issue summons or warrants requiring Court appearances in this regard; maintain and classify records and files.
There is hereby created the Office of Deputy Court Administrator and Violations Clerk of the Municipal Court of the Borough of Eatontown at a salary set forth in the Annual Salary Ordinance for the Borough of Eatontown.[1]
[1]
Editor's Note: The Salary Ordinance is on file in the Borough offices.
The Municipal Court shall be held in the Borough Hall of the Borough of Eatontown or other designated area. The Municipal Court Judge shall sit at least one day of each week, which day is to be determined by him or her and a certified certificate made hereof and filed with the Borough Clerk, and at such other times as the business of the Court may require subject to the rules applicable to municipal courts.
All requests for discovery in matters pending in the Municipal Court shall be submitted through the Municipal Prosecutor. All fees for discovery shall be per Chapter 150, Article II, entitled "Miscellaneous Fees."
There is hereby created the position of Municipal Court Prosecutor of the Borough of Eatontown (hereinafter referred to as the "Prosecutor") who shall serve in accordance with the following provisions of this article:
A. 
The Prosecutor shall be appointed by the Mayor with the advice and consent of Council and shall hold office until December 31 of each year of said appointment.
B. 
The Prosecutor shall be a licensed attorney admitted to the practice of law by the Supreme Court of the State of New Jersey.
C. 
The Prosecutor may be an attorney other than the Borough Attorney. In that event, the Borough Attorney may serve as the Acting Prosecutor in the absence of the Prosecutor, and the Prosecutor may serve as Acting Borough Attorney in the absence of the Borough Attorney or Special Counsel.
D. 
The salary of the Prosecutor shall be established by Salary Ordinance of the Borough of Eatontown.[1]
[1]
Editor's Note: The Salary Ordinance is on file in the Borough offices.
E. 
The Prosecutor shall serve in accordance with the New Jersey Court Rule 7:4-4(B) and such statutes and rules as may be adopted and applicable.
There is hereby created the position of Municipal Court Public Defender of the Borough of Eatontown who shall serve in accordance with the provisions of this article.
The Municipal Public Defender shall be an attorney licensed by the State of New Jersey, appointed by the Mayor and affirmed by the Council. The Municipal Public Defender shall serve for a term of one year from the date of his or her appointment until his or her successor is appointed and qualified. The appointment shall be made at the annual reorganization meeting in January of each year. If a vacancy occurs during the course of the year, the appointment shall be for the balance of the unexpired year.
The Public Defender shall represent any individual who, upon determination by the Municipal Judge, is either indigent or financially unable to afford an attorney.
The salary of the Public Defender shall be the annual salary as established by the Borough Salary Ordinance.[1]
[1]
Editor's Note: The Salary Ordinance is on file in the Borough offices.
A. 
A person applying for representation by the Municipal Public Defender shall pay an application fee to the Borough of Eatontown in accordance with § 150-7 of the Code of the Borough of Eatontown.
B. 
This article concerning the Municipal Court shall supercede and rescind all other chapters, and, in particular, Chapter 12 of the Code of the Borough of Eatontown previously entitled "Court, Municipal," shall hereby be rescinded.