Township of Clinton, NJ Municipal Court

A.

Pursuant to the power and authority granted by N.J.S.A. 2B:12-1 et seq., there is hereby created and established a municipal court for the Township of Clinton in the County of Hunterdon to be known as the "Municipal Court of the Township of Clinton."

B.

The effective date for the creation of the Municipal Court of the Township of Clinton shall be January 1, 2008; however, nothing herein contained shall preclude the Township from entering into agreements prior to January 1, 2008, for the sharing of municipal court facilities and services; provided the sharing of those facilities and services does not actually commence prior to January 1, 2008.

C.

Jurisdiction. The jurisdiction of the Municipal Court of the Township of Clinton shall be coextensive with the territory of the Township of Clinton, County of Hunterdon, State of New Jersey.

A.

There shall be a Municipal Court Judge to be appointed by the Council, who shall serve for a term of three years from the date of appointment and until a successor is appointed and qualified.

B.

The Municipal Court Judge shall have, possess and exercise all the functions, duties, powers and jurisdiction conferred by law or ordinance. He/She shall be an attorney-at-law of the State of New Jersey and have all other qualifications as may be required by law. Whenever the Municipal Court Judge is unable to sit as such, he/she may designate any other judge of any New Jersey municipal court to sit for him/her 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 Court Judge.

C.

The Municipal Court Judge shall faithfully carry out all of the duties and responsibilities of a municipal court judge and shall abide by all rules and regulations established for municipal court judges by the Administrative Office of the Courts for the State of New Jersey.

D.

The Municipal Court Judge shall be compensated in the manner established by the Municipal Salary Ordinance and Resolution or as otherwise established according to law in the case of shared municipal court facilities and services.

A.

Municipal Prosecutor. There shall be a Municipal Prosecutor of the Municipal Court who shall prosecute cases in the Municipal Court. The Municipal Prosecutor shall be appointed for a one-year term commencing January 1 and ending December 31. The Municipal Prosecutor shall be an attorney-at-law admitted to practice and in good standing in the State of New Jersey. The Municipal Prosecutor shall be compensated as provided for in the Municipal Salary Ordinance and Resolution, or as otherwise established according to law in the case of shared municipal court facilities and services.

B.

Municipal Court Administrator. 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 Court Judge. The Administrator shall be appointed as provided by law for a term of one year commencing January 1 and ending December 31. The Administrator shall be compensated as specified in the Municipal Salary Ordinance and Resolution or as otherwise established according to the law in the case of shared municipal court facilities and services. The Administrator's duties shall include but not be limited to:

(1)

Carrying out the rules, regulations, policies and procedures relating to the operation of the Court.

(2)

Interviewing and speaking to persons wishing to file criminal or quasi-criminal complaints or wishing information in this regard; receiving complaints and dispensing information relating to Court matters.

(3)

Maintaining the financial records of the Court, including receiving and accounting for fines and costs.

(4)

Attending Court; recording pleas, judgments and dispositions; arranging trial calendars; signing Court documents; preparing and issuing warrants and commitments and other Court-related documents.

(5)

Maintaining and classifying records and files of the Court.

(6)

Maintaining, forwarding, receiving and reporting such records, reports and files as required by the appropriate agencies.

(7)

Carrying out such additional duties as may be required in order to fulfill the duties of Court Administrator.

C.

Public Defender. There shall be a Municipal Public Defender who shall represent those defendants assigned by the Municipal Court Judge. The Municipal Public Defender shall be an attorney-at-law admitted to practice and in good standing in the State of New Jersey. The Municipal Public Defender shall be appointed as provided by law for a term of one year commencing January 1 and ending December 31. The Municipal Public Defender shall be compensated as specified in the Municipal Salary Ordinance and Resolution, or as otherwise established according to law in the case of shared municipal court facilities and services.

D.

Deputy Municipal Court Administrator. There may be one or more Deputy Municipal Court Administrators of the Municipal Court who shall be appointed as provided by law for one-year terms commencing January 1 and ending December 31. The Deputy Municipal Court Administrators shall perform the functions assigned to them by the Municipal Judge and the Municipal Court Administrator. The Deputy Municipal Court Administrators shall be compensated as specified in the Municipal Salary Ordinance and Resolution, or as otherwise established according to law in the case of shared municipal court facilities and services.

(1)

Application fee. A person applying for representation by the Municipal Public Defender shall pay an application fee of $200. The application fee may be waived by the Municipal Court, in whole or in part if the Court in its discretion determines upon a clear and convincing showing by the applicant that the application fee represents an unreasonable burden on the applicant. The Municipal Court may permit an applicant to pay the application fee over a specific period of time not to exceed four months.

(2)

Investigation of financial status. The Municipal Court shall make an investigation of the financial status of each applicant and shall have the authority to require an applicant to deliver and execute written requests of authorizations required under the applicable law to provide the Court with access to records of public or private sources, otherwise confidential, as may be of aid in evaluating eligibility for the appointment of a Municipal Public Defender

(3)

Fund established. Pursuant to N.J.S.A. 2B:24-17, funds collected from the application fee shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Township. The funds shall be used exclusively to meet the costs incurred by the Township in providing the services of the Municipal Public Defender, including, when required, expert investigation and testimony.

(4)

Reimbursement to Township; lien. Pursuant to N.J.S.A. 2B:24-12 and N.J.S.A. 2B:24-13, if a defendant has, or reasonably expects to have, means to meet some part, though not all, of the costs of the services rendered, the defendant shall be required to reimburse the Township, and the Township shall have a lien on any property to which the defendant shall have or acquire an interest for an amount equal to the reasonable value of the services rendered to the defendant as calculated at the same rate as the office of the Public Defender bills clients at that time.

E.

Necessary clerical and other assistance. There may be appointed such other clerical and other assistance as may be necessary for the efficient operation of the Municipal Court. Such clerical and other assistance shall be compensated as provided in the Salary Ordinance and Resolution, or as otherwise established by law in the case of shared municipal court facilities and services.

Subject to the provisions of N.J.S.A. 2B:12-1.c regarding shared municipal court facilities and services, and N.J.S.A. 40:8A-1 et seq. regarding interlocal service agreements, the Township may enter into agreements regarding the sharing of municipal court facilities and services.