[HISTORY: Adopted by the Township Committee of the Township
of Upper Deerfield as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-7-1949 by Ord. No. 57 (Ch. 7, Art. I, of the
1977 Township Code)]
The municipal court for the Township of Upper Deerfield shall be established as a joint municipal court unless the Township Committee by a majority vote determine to operate an individual Township municipal court pursuant to the provisions of this Chapter §§ 12-1 through 12-18. Effective January 30, 2012, Upper Deerfield Township shall participate in the establishment of a joint court to be known as the CS Regional Municipal Court, unless the Township Committee determines by resolution that such participation shall not be in the best interest of Upper Deerfield Township. During such times as Upper Deerfield Township is a member of the CS Regional Municipal Court, its participation shall be controlled by the agreement establishing and setting forth the conditions and obligations pertaining to the operation of the CS Regional Municipal Court. In the event Upper Deerfield Township shall withdraw from participation in the CS Regional Municipal Court, then the municipal court of the Upper Deerfield Township shall be operated as provided in this chapter as may be amended from time to time.
[1]
Editor's Note: This ordinance was amended by Ord. No. 729,
adopted 5-21-2015, to "authorize participation by Downe Township in
the joint municipal court known as CS Regional Municipal Court." A
complete copy of Ord. No. 729 is on file in the Township offices.
[2]
Editor's Note: This ordinance was amended 4-16-2020 by Ord. No. 818 to "authorize participation by Commercial Township in the
joint municipal court known as CS Regional Municipal Court." A complete
copy of Ord. No. 818 is on file in the Township offices.
The territorial jurisdiction of said Court shall be the territory
embraced within the Township of Upper Deerfield, and said Court shall
have and exercise jurisdiction in civil and criminal matters as provided
in the aforesaid statutes and the supplements and amendments thereof.
The Municipal Court shall have a judge, who shall be known as
the "Judge of the Municipal Court" and who shall be a resident of
this state and an attorney at law or a person who has had actual experience
as recorder, police judge or justice of the peace or who is qualified
under any statute or rule of court.
The Judge of the Municipal Court shall serve for a term of three
years from the date of his appointment and until his successor is
appointed and qualified. When appointed to fill a vacancy, he shall
hold office for the unexpired term only.
[Amended 6-2-1977 by Ord. No. 168]
The Judge shall receive such compensation as shall be provided
in the annual Salary Ordinance,[1] which shall be paid at the same time and in the same manner
as the salaries of other officials of the Township are paid, and said
salary shall be in lieu of any and all fees and costs.
[Amended 11-3-2011 by Ord. No. 682]
The Township Committee may, by ordinance or resolution, provide
for a Municipal Court Administrator and other necessary clerical and
other assistants for the Municipal Court and provide for their compensation,
or may designate any officer or employee of the Township to serve
as Municipal Court Administrator, with or without additional compensation.
[Amended 6-2-1977 by Ord. No. 168]
The Judge of the Municipal Court and any other official of this
Court who may be appointed hereunder shall, before entering upon the
performance of their duties, take and subscribe an oath in substantially
the same manner as provided in N.J.S.A. 41:2A-1 et seq.
The Municipal Court shall sit at such time and place as may
be designated by the Judge, provided that the Township Committee may,
by resolution, provide for a permanent place for said Court to sit.
The Municipal Court shall have a seal which shall bear the impress
of the name of the Court.
The Township shall provide the necessary accommodations for
said Court, and supplies for said Court, certified to by the Judge,
shall be furnished by the Township.
All fees and costs collected in the Municipal Court shall become
Township funds and be paid over to the Township Treasurer at least
once each month as provided by law.[1]
[1]
Editor's Note: Original Section 12, which immediately followed
this section and pertained to the transfer of cases and records from
the Magistrate's or Recorder's Court to the Municipal Court, was deleted
6-2-1977 by Ord. No. 168 as being of no further effect.
Whenever the Judge of the Municipal Court shall be unable to
sit, he may designate any other judge of any municipal court in this
county or an attorney at law of this county to sit for him temporarily
and hold the Municipal Court. Any such designation shall be made in
writing and filed in the Court.
[Adopted 5-5-1994 by Ord. No. 422; amended in its entirety 12-29-1997 by Ord. No.
473[1] (Ch. 7, Art. II, of the 1977 Township Code)]
[1]
Editor's Note: This ordinance also provided that, to the extent
of any inconsistency herewith, Ord. No. 461 is repealed, and that
this ordinance shall take effect on January 1, 1998.
Any indigent defendant who is charged with an offense of consequence
or an offense which could result in incarceration shall be entitled
to apply to the Municipal Court for representation by the Municipal
Public Defender of the Township of Upper Deerfield.
The provision of services by the Municipal Public Defender of
the Township of Upper Deerfield shall be rendered in accordance with
and consistent with P.L. 1997, Chapter 256, and the office of Public
Defender of the Township of Upper Deerfield shall be operated pursuant
to and in accordance with P.L. 1997, Chapter 256.
An indigent defendant seeking representation by the Public Defender
of the Township of Upper Deerfield shall pay a fee to the Township
of Upper Deerfield in the amount of $200.
In the event that the Municipal Public Defender is unable to
represent an indigent defendant assigned to him by the Municipal Court
of the Township of Upper Deerfield for representation, then in such
event the Municipal Court shall appoint other approved counsel to
represent such indigent defendant. Upon completion of representation
of an assigned indigent defendant, court-appointed counsel other than
the Municipal Public Defender shall be entitled to payment by the
Township of Upper Deerfield in an amount not to exceed $200, which
amount shall be substantiated by no less than the expenditure of two
hours of court-approved counsel's time and upon submission of a voucher
and itemized billing detailing expenditures and time expended. In
the event that court-approved counsel other than the Municipal Public
Defender has expended or bills the Township of Upper Deerfield less
than $200, and in the event that an application fee in the amount
of $200 has been paid, then the difference shall be remitted to the
indigent defendant by the Township of Upper Deerfield.
In the discretion of the Municipal Court, an application fee
paid pursuant to this article and in accordance with P.L. 1997, Chapter
256, may be paid over a period of time not to exceed four months.
Funds collected pursuant to this article shall be deposited
in a dedicated fund administered by the chief financial officer of
the Township of Upper Deerfield. Such fund shall be used exclusively
to meet the costs incurred in providing the services of a Municipal
Public Defender, including, when required and in accordance with P.L.
1997, Chapter 256, expert and lay investigation and testimony.
