[Amended 2-7-1994]
There shall be a Municipal Court pursuant to
the provisions of N.J.S.A. 2B:12-1 et seq., as amended and supplemented,
to be known as the "Municipal Court of the Borough of Hamburg, Sussex
County." The Municipal Court shall have a Seal bearing the impress
of the name of the Court. The Court shall be held in the municipal
building of the Borough of Hamburg, or such other place as the Council
shall designate from time to time, and shall exercise all the functions,
powers, duties and jurisdiction conferred upon municipal courts by
the provisions of N.J.S.A. 2B:12-1 et seq., as amended and supplemented,
or any other law. The prosecutor of the Borough of Hamburg shall prosecute
all matters before the Municipal Court of the Borough of Hamburg,
Sussex County.
There shall be an Administrator of the Municipal
Court who shall be appointed by the Council and who shall perform
such functions and duties as shall be prescribed by law, and rules
applicable to municipal courts, and by the Municipal Judge. The Administrator's
duties shall include, but not be limited to:
A. Carrying out the rules, regulations, policies and
procedures relating to the operation of the Court.
B. Interviewing and speaking to prospective complainants;
receiving complaints and dispensing information relating to Court
matters.
C. Maintaining the financial records of the Court.
D. Attending Court, taking minutes of the trials and
entering them in the docket; arranging trial calendars: signing Court
documents; preparing and issuing warrants and commitments.
E. Taking and preparing bail bonds, making inquiry as
to their sufficiency and equity; receiving and accounting for fines
and costs.
F. Interviewing persons on informal police Court matters
to determine if there is a basis for formal action and, if necessary,
issuing summonses requiring Court appearances in this regard; maintaining
and classifying records and files.
There shall be a Deputy Administrator of the
Municipal Court, who shall be appointed by the Council and who shall
perform the functions assigned by the Municipal Judge and the Municipal
Court Administrator.
[Added 8-7-1995]
There is hereby created the position of Municipal
Public Defender who shall be nominated by the Mayor subject to the
advice and consent of the Council and who shall serve for a term of
one year from the date of appointment.
[Added 8-7-1995]
The Municipal Public Defender shall be an attorney
at law licensed to practice in New Jersey and shall represent such
persons as are assigned by the Judge of the Municipal Court.
[Added 8-7-1995; amended 2-2-1998]
Any person applying for representation by the
Municipal Public Defender shall pay an application fee of $200. The
Municipal Court Judge may waive the fee, in whole or in part, if the
Judge determines that the fee represents an unreasonable burden on
the person seeking representation. Such fees may be paid in installments
not to exceed four months. The fee so collected shall be deposited
in a dedicated fund to be used exclusively to meet the costs incurred
in providing the services of a Municipal Public Defender.
[Added 5-5-1997]
The position of Municipal Prosecutor as provided
in P.L. 1996, c.95, is hereby established.
[Added 4-6-2009 by Ord. No. 03-2009]
A. The position of Court Officer is hereby established.
The said person shall perform such duties pertinent to the Municipal
Court as determined by the Chief of Police or the Chief's designee.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
B. The term of appointment shall be one year, commencing
on January 1 of each year. Any appointment made after January 1 of
a year shall be for the remainder of the said year.
C. The salary shall be set forth in the annual salary
ordinance.