Effective December 23, 2011, the Municipal Court of the Borough
of Clayton is hereby abolished.
The Borough of Clayton Municipal Court shall be abolished and this chapter shall be effective December 23, 2011, at 12:00 midnight, and after due notice is given as set forth in §
8-3. All summonses and other appropriate matters issuing or arising from the Borough of Clayton, the Township of Elk and the Borough of Newfield shall be processed in the Elk Joint Municipal Court on and after January 1, 2012, including those matters arising prior to January 1, 2012.
Notice of repeal and abolishment of the municipal courts of
the Borough of Clayton, Township of Elk and Borough of Newfield and
establishment of the Elk Joint Municipal Court shall be provided,
in writing, to the administrative offices of the courts and the Assignment
Judges of the Vicinage and posted in the municipal buildings of the
participating municipalities in a location where public notices are
normally posted.
The mayors and governing bodies of the participating municipalities
desire to establish a single Joint Municipal Court to be located in
the Township of Elk located at 667 Whig Lane Road, Monroeville, New
Jersey 08343.
The Borough of Clayton Council hereby approves and agrees to
the terms of the "Agreement for the Operation of a Joint Municipal
Court Between the Borough of Clayton, the Township of Elk and the
Borough of Newfield" attached hereto and incorporated herein by reference
and expressly authorizes the Mayor and Clerk of the Borough of Clayton
to execute the agreement on behalf of the Borough.
Pursuant to the provisions of N.J.S.A. 2B:12-1 et seq., the
Elk Joint Municipal Court is hereby established.
The Elk Joint Municipal Court shall have an Official Seal which
shall bear the impression of the name of the Court.
The territorial jurisdiction of the Elk Joint Municipal Court
shall be coextensive with the territory of the Borough of Clayton,
the Township of Elk and the Borough of Newfield, Gloucester County,
New Jersey.
In accordance with N.J.S.A. 2B:12-4, as amended, the Judge of
the Elk Joint Municipal Court shall be appointed by the Governor with
the advice and consent of the Senate and shall have the qualifications
required by law and shall serve for a term of three years from the
date of his/her appointment and until his/her successor has been appointed
and has qualified. The compensation of the Judge shall be an annual
salary as is now or hereinafter may be provided by ordinance and in
accordance with the terms of the Agreement for the Operation of a
Joint Municipal Court Between the Borough of Clayton, the Township
of Elk and the Borough of Newfield.
There shall be a Joint Municipal Court Administrator and at
least one Deputy Court Administrator who shall be appointed as provided
by this chapter and in accordance with the terms of the Agreement
for the Operation of a Joint Municipal Court Between the Borough of
Clayton, the Township of Elk and the Borough of Newfield.
The Elk Joint Municipal Court support staff shall be appointed
in the manner provided by this chapter and in accordance with the
terms of the Agreement for the Operation of a Joint Municipal Court
Between the Borough of Clayton, the Township of Elk and the Borough
of Newfield.
The Joint Municipal Court Prosecutor shall be appointed in the
manner provided by this chapter and in accordance with the terms of
the Agreement for the Operation of a Joint Municipal Court Between
the Borough of Clayton, the Township of Elk and the Borough of Newfield.
The Joint Municipal Court Prosecutor shall have the jurisdiction,
powers and duties prescribed by N.J.S.A. 2B:25-1 et seq.