[HISTORY: Adopted by the Mayor and Council of the Borough
of Bloomsbury 12-11-1990 by Ord. No. 207-90. Amendments noted where
applicable.]
There is hereby created a Joint Municipal Court consisting of
the following members: the Township of Bethlehem and the Borough of
Bloomsbury, both located in Hunterdon County (the "members" herein).
The name of the Joint Municipal Court shall be the "Municipal
Court of Bethlehem and Bloomsbury" (the "Municipal Court" herein).
The jurisdiction of the Municipal Court shall be coextensive
with the territory of the Township of Bethlehem and the Borough of
Bloomsbury. Upon the effective date, all municipal courts heretofore
existing in Bloomsbury and Bethlehem are hereby abolished and their
functions, powers and duties, records, property and pending cases
shall be transferred to the Municipal Court, which shall exercise
all the powers, duties and jurisdiction conferred by law upon a municipal
court.
A. There shall be a Municipal Judge appointed as provided by law in
the case of a joint municipal court. The Municipal Judge shall serve
for a term of three years from the date of appointment and until a
successor shall be appointed and qualified.
B. The Municipal Judge shall have and possess the qualifications and
exercise all the functions, duties, powers and jurisdiction conferred
by law or ordinance. He shall be an attorney at law of the State of
New Jersey. Whenever the Municipal Judge is unable to sit as such,
he may designate any other judge of any municipal court to sit for
him temporarily and hold the Municipal Court. Any such designation
shall be in writing and filed with the Court, and any person so designated,
while sitting temporarily, shall possess all of the powers of the
Municipal Judge.
C. The Municipal Judge shall faithfully carry out all of the duties
and responsibilities of a municipal judge and shall abide by all rules
and regulations established for municipal courts and judges by the
Administrative Office of the Courts.
D. The Judge of the Bethlehem and Bloomsbury Municipal Court shall be the Acting Judge of this Municipal Court until the expiration of his present term, when the Judge shall be appointed in accordance with Subsection
A of this section.
A. There shall
be a Municipal Prosecutor of the Municipal Court who shall prosecute
cases in the Municipal Court, except that each member, at its discretion,
may appoint a prosecutor for all or particular zoning matters. The
Municipal Prosecutor shall be appointed by Bethlehem Township.
B. The Municipal
Prosecutor shall be an attorney at law in good standing who shall
act as prosecutor, under the supervision of the Attorney General or
County Prosecutor, who may represent the state, county or municipality
in any matter within the jurisdiction of the Joint Municipal Court
or any other municipal court.
[Added 2-11-1997 by Ord. No. 902-97]
There shall be an Administrator of the Municipal Court who shall
perform the functions and duties prescribed for the Administrator
by law, by the rules applicable to municipal courts and by the Municipal
Judge. The Administrator shall be certified as required by N.J.S.A.
2B:12-11 and shall be appointed by Bethlehem Township. 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 persons wishing to file criminal complaints
or wishing information in this regard, receiving complaints and dispensing
information relating to Court matters.
C. Maintaining the financial records of the Court.
D. Attending Court; recording pleas, judgments and dispositions; arranging
trial calendars; signing Court documents; and preparing and issuing
warrants and commitments and other Court-related documents.
E. Taking and preparing bail bonds, recognizances and security in lieu
thereof; making inquiry concerning their sufficiency and equity; and
receiving and accounting for fines and costs.
F. Maintaining and classifying records and files of the Court.
G. Maintaining, forwarding, receiving and reporting such records, reports
and files as required by the Director of the Division of Motor Vehicles.
H. Carrying out such additional duties as may be required in order to
fulfill the duties of Court Administrator.
There may be one or more Deputy Administrators of the Municipal
Court who shall be appointed by Bethlehem Township. Deputy Municipal
Court Administrators shall perform the functions assigned to them
by the Municipal Judge and the Municipal Court Administrator.
There may be appointed clerical and other assistance for the
Municipal Court as recommended by the Municipal Judge and approved
by Bethlehem Township.
Bethlehem Township shall appoint an auditor for the Municipal
Court who shall be a registered municipal accountant. The auditor
shall perform a yearly audit of the Municipal Court, which audit shall
be prepared generally in accordance with the requirements of the Local
Fiscal Affairs Law, N.J.S.A. 40A:5-1 et seq., and shall be completed
no later than May 31 of each year. A copy of the completed audit shall
be supplied to each participating municipality by June 30 of each
year.
Any member of the Municipal Court may withdraw effective at
the end of any calendar year during the Court's operation; provided,
however, that the member has given the Municipal Court and each member
thereof three months' written notice of its intention to withdraw.
The Municipal Judge shall prepare or have prepared a budget
for the Municipal Court which shall be submitted to the governing
body of each member by October 1 of each year. The budget shall set
forth an estimate of all expenses and revenues for the upcoming calendar
year and shall be in a form that is consistent with municipal budgets.
By January 1 of each year, each member shall adopt a resolution approving
the budget. If the budget is not unanimously approved by that date
by each member, then a meeting or meetings shall be held between the
members or a committee appointed by the members and the Municipal
Judge, and a budget agreeable to all members and the Municipal Judge
shall be developed and submitted to each member for approval on or
before January 15 of each year. No personnel or staff may be appointed
or expenditure authorized for the Court unless provided for in the
Court budget, or by emergency appropriation by all members, or by
budget changes of all members adopted in compliance with state law.
Insurance coverage and/or bonds shall be obtained that protect
the Municipal Court and its personnel from claims against it arising
out of or in the nature of workers' compensation, bodily injury, property
damage, personal injury, civil rights, violations, defalcations by
Court personnel and such other coverages as may be necessary. The
coverage may be provided either through policies issued to the member
or through separate policies issued to the Municipal Court. Each member
shall add the Court to its policies as an additional named insured.
The governing bodies of the Township of Bethlehem and the Borough
of Bloomsbury are hereby authorized to enter into contract with each
other pursuant to the Uniform Shared Services and Consolidation Act
(N.J.S.A. 40A:65-1 et seq.), in accordance with the terms of that
Act.
This chapter shall be effective upon passage and publication
in accordance with law by all members, and the Municipal Court shall
commence operation on January 1, 1991.