A.
The Municipal Court of the City of Millville is hereby
established. The Court shall have a seal which shall bear the impress
of the name of the Court.
B.
The territorial jurisdiction of the Court shall be
the territory embraced within the City of Millville, and the Court
shall have the subject matter jurisdiction as provided in the New
Jersey Statutes Annotated.
C.
The practice and procedure of the Court shall be substantially
as provided by N.J.S.A. 2A:8-1 and 2A:8-41 both inclusive, subject
to such rules as the Supreme Court shall promulgate and make applicable
to the Municipal Courts, which rules shall supersede (so far as they
conflict with) statutory and common law regulations theretofore existing.
D.
The Board of Commissioners may provide by resolution
for such court personnel as may be necessary for the proper operation
of the Municipal Court and shall provide for their compensation.
E.
The Board of Commissioners shall provide for the necessary
accommodations and supplies for the Municipal Court.
A.
The Court shall be presided over by a Municipal Court
Judge who shall be an attorney at law qualified to serve under the
rules of the New Jersey Supreme Court. Pursuant to state law, the
Judge of the Municipal Court shall be appointed by the Board of Commissioners
to serve a term of three years and until his successor shall be appointed
and qualify.
[Amended 5-20-2008 by Ord. No. 11-2008]
B.
He shall be paid a salary as stated in the Annual
Salary Ordinance, which salary shall be paid at the same times and
in the same manner as the salaries of other officials of the City
are or shall be paid, and which salary shall be in lieu of any and
all other fees and shall not be diminished during his term of office.
C.
The Judge of the Municipal Court shall, before entering
upon the performance of the duties of his office, take and subscribe
an oath in substantially the same manner as provided in N.J.S.A. 41:2A-6
and 41:1-3.
D.
The Municipal Court Judge, who shall be an attorney
at law, shall not practice law in, nor upon any appeal from, any Municipal
Court in the County of Cumberland.
E.
Whenever the Judge of the Municipal Court shall be
unable to sit, he may designate any other judge of any Municipal Court
or an attorney at law of this state to sit for him temporarily and
hold the Municipal Court. Any such designation shall be in writing
and shall be filed in the Court, and any such person so designated,
while sitting temporarily, shall have all of the powers of the Judge
of the Municipal Court.
A.
Appointment. There shall be an Administrator of the
Municipal Court who shall be appointed by the Board of Commissioners.
He shall receive a salary as provided by the Annual Salary Ordinance
and which shall be in lieu of any fees.
B.
Municipal Court Administrator to devote entire time
to duties. The Municipal Court Administrator shall daily during business
hours devote his entire time and attention to the duties of his office,
and to such other duties as may be assigned to him by the Board of
Commissioners.
C.
Accounts of Municipal Court Administrator. The accounts
of the Municipal Court Administrator shall be kept and moneys accounted
for substantially as provided by the Administrative Director of the
Courts.
D.
Municipal Court Administrator to take oath and give
bond. The Municipal Court Administrator shall before entering upon
the duties of his office take and subscribe an oath in substantially
the same manner as provided by N.J.S.A. 41:1-3. He shall before entering
upon the duties of his office enter into a bond to the City in substantially
the same form as provided by the Administrative Director of the Courts.
E.
Municipal Court Administrator to be custodian of records.
The Municipal Court Administrator shall be legal custodian of, and
responsible for, all books, papers, records, seal, moneys and other
property appertaining to the Municipal Court of Millville.
F.
Municipal Court Administrator to keep docket. The
Municipal Court Administrator shall keep a docket which shall be a
record of all proceedings in the Municipal Court, and entries in this
docket, when a civil action or proceeding is commenced, shall be substantially
as provided by the Administrative Director of the Courts. When a criminal
or quasi-criminal action or proceeding is commenced, the docket shall
contain the following:
G.
Municipal Court Administrator authorized to hold to
bail. The Municipal Court Administrator shall have the power in criminal
cases to hold defendants to appear before the court having jurisdiction
to hear the matter by taking recognizances of bail with surety or
sureties in such reasonable sum as he may deem fit and to forward
the same to the said court before the time of appearance therein mentioned,
which said power shall be exercisable in the same manner and subject
to the same limitations as in the case of the Judge of the court before
which any such defendant shall be required to appear.
H.
Municipal Court Administrator not to receive fee for
drawing papers, etc. The Municipal Court Administrator shall not receive
any fee or reward for drawing any papers, or for rendering or promising
to render special services in connection with any action brought in
the Municipal Court.
I.
No charge for filing of papers of City. No charge
shall be made by the Administrator of the Municipal Court for the
filing or service of any papers for which a fee is provided by law
for civil cases in the Municipal Court of Millville where the party
filing the paper or requesting the service is the City or a City official
acting in his official capacity, or a City department, board, body
or commission.
J.
Disposition of fines and costs. The costs and fees
charged against defendants in the Municipal Court, when collected,
shall be turned over to the Chief Financial Officer. The amount of
such fees and costs shall be as provided by law, and the fines and
penalties imposed in the Municipal Court shall be disposed of as provided
by law.
K.
Appointment of temporary Deputy Administrator. In
the event of illness, absence or disability of the Clerk, the Judge
may appoint a Deputy Administrator who shall be sworn to be faithful
to the performance of the duties of the office. Such Deputy shall
sign the name of the Administrator to and issue any writs or documents
of this Court during such illness, absence or disability of the Administrator,
and any writs or documents so signed and issued shall be as valid
in law as if signed and issued personally by such Administrator. The
Administrator shall be responsible for the acts of such Deputy Administrator.
During the illness, absence or disability of the Administrator, the
Deputy Administrator shall succeed to the emoluments of office of
the Administrator and shall be subject to the provisions of this article
pertaining to the Administrator. Such appointee shall have the approval
of the Board of Commissioners.
[Amended 7-21-2009 by Ord. No. 24-2009]
A.
Legal
authority. The Office of Municipal Public Defender is hereby established
in accordance with the provisions set forth in N.J.S.A. 2B:24-1 et
seq.
B.
Appointment.
The Municipal Court of the City of Millville shall have at least one
municipal public defender appointed by the governing body of the municipality
in accordance with applicable laws, ordinances and resolutions. Any
municipal court with two or more municipal public defenders shall
have a Chief Municipal Public Defender who shall be appointed by the
governing body of the municipality. The Chief Municipal Public Defender
shall have authority over other municipal public defenders serving
that court with respect to the performance of their duties.
C.
Qualifications.
A municipal public defender shall be an attorney at law of this state
in good standing and shall serve for a term of one year from the date
of his or her appointment. A municipal public defender may continue
to serve in office pending reappointment or the appointment of a successor.
A municipal public defender need not reside in the municipality where
he or she acts as a municipal public defender.
D.
Additional
municipal public defenders. The municipality may appoint additional
municipal public defenders as necessary to administer justice in a
timely and effective manner in the Municipal Court. The appointment
shall be made in accordance with applicable laws, ordinances and resolutions.
Appointments to fill vacancies in the position of municipal public
defender shall be made in accordance with the provisions of applicable
state law as soon as practicable.
E.
Removal
from office. A municipal public defender may be removed from office
by the governing body of the municipality for good cause shown and
after a public hearing and upon due notice and an opportunity to be
heard. Failure to reappoint a municipal public defender for a second
or subsequent term does not constitute a removal from office within
the meaning of the applicable state law.
F.
Compensation. A municipal public defender shall receive compensation,
either on an hourly, per diem, annual or other basis, as the municipality
may provide. The ordinance, resolution or agreement setting compensation
shall set forth any additional compensation to be paid for interlocutory
appeals in the Superior Court.
G.
Duties of public defender. It shall be the duty of the municipal
public defender to represent any defendant charged with an offense
in the Municipal Court who is an indigent municipal defendant entitled
to representation in accordance with applicable law. This duty shall
be carried out except in the case of temporary unavailability or conflict
of interest. All necessary services and facilities of representation,
including both expert and lay investigation and testimony, as well
as other preparation, shall be provided. The municipality shall be
responsible for payment of services pursuant to applicable state law.
The factors of need and real value to a defendant may be weighed against
the financial constraints of the municipality in determining the necessary
services and facilities of representation. The final determination
as to necessity of services required shall be made by the court.
H.
Defendant is entitled to a public defender. If there is a vacancy
in the Office of Municipal Public Defender, if the municipal public
defender is temporarily unavailable or if a finding of conflict of
interest precludes the municipal public defender from representing
an indigent defendant, the Municipal Court shall appoint a qualified
attorney to represent the indigent defendant.
I.
Eligibility for services of public defender. Eligibility for services
of the municipal public defender shall be determined by the Municipal
Court on the basis of the need of the defendant, except as otherwise
provided by state law. The need shall be measured according to applicable
state law and guidelines promulgated by the New Jersey Supreme Court.
J.
Partial payment for services. If the defendant has, or reasonably
expects to have, means to meet some part of the cost of the services
rendered, the defendant shall be required to reimburse the municipality
that part of the cost of the services rendered. The payment may be
made by a single payment or in installments in such amount as the
defendant can be reasonably expected to pay. However, no default or
failure to make payments shall affect or reduce the rendering of services.
K.
Authority to collect moneys. The authority to collect moneys from
the defendant is set forth in Subsections 13 through 16 of the applicable
state statute. The municipal attorney is authorized to compromise
and settle any claim for services performed pursuant to this act whenever
the financial circumstances of the person receiving the services are
such that the best interest of the state will be served by compromise
and settlement.
L.
Application fee. A person applying for representation by a municipal
public defender or court-approved counsel shall pay an application
fee of not more than $200. The Municipal Court may waive the application
fee, in whole or in part, only if the court determines upon a clear
and convincing showing by the applicant that the application fee represents
an unreasonable burden on the person seeking representation. The municipal
court may permit a person to pay the application fee over a specific
period of time not to exceed four months.
A.
The Municipal Prosecutor is responsible for providing
discovery to the defendant in the Millville Municipal Court.
B.
The Municipal Prosecutor is authorized to charge a fee for the discovery requests made by the individual defendants or attorneys representing individual defendants in the Municipal Court. Said fee shall be charged in accordance with the Public Open Record Act, N.J.S.A. 47:1A-1 et seq. See also Article XIII of this chapter.
[Amended 2-15-2005 by Ord. No. 7-2005]
