[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Seaside Park 4-1-1949 by Ord. No. 490 (Ch. 22 of the 1970 Borough Code). Amendments noted where applicable.]
GENERAL REFERENCES
Retirement — See Ch. 75.
Salaries and wages — See Ch. 79.
[Amended 5-2-2013 by Ord. No. 1615]
A Municipal Court for the Borough of Seaside Park, in the County of Ocean, is hereby established pursuant to the provisions of Chapter 293 of the Laws of 1993 (N.J.S.A. 2B:12-1 et seq.), as amended and supplemented.
The Municipal Court shall have a seal which shall bear the impress of the name of the Court.
There shall be a Municipal Judge of the said Municipal Court, who shall be appointed by the Mayor with the advice and consent of Council, and who shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified.
[Amended 5-2-2013 by Ord. No. 1615]
The said Municipal Court and the Municipal Judge thereof shall have, possess and exercise all the functions, power, duties and jurisdiction conferred by the provisions of Chapter 293 of the Laws of 1993 (N.J.S.A. 2B:12-1 et seq.), as amended and supplemented, or by any other law.
[Amended 5-2-2013 by Ord. No. 1615]
There shall be a Administrator of the Municipal Court, who shall be appointed by the Mayor with the advice and consent of Council, and who shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified. The Administrator of the Municipal Court shall receive an annual salary,[1] to be paid in the same manner as the salaries of other municipal officers are paid, and which shall be in lieu of all fees, costs and any other allowances whatsoever. He shall perform such functions and duties as shall be prescribed for him by law, the rules applicable to municipal courts, and by the Municipal Judge.
[1]
Editor's Note: The current salary ordinance is on file in the Borough offices.
[Amended 5-2-2013 by Ord. No. 1615]
The Municipal Court shall be held at 6th and Central Avenues in Seaside Park, New Jersey. The Municipal Judge shall sit at such times as the business of the Court may require, subject to the rules applicable to municipal courts.
[Added 5-23-2013 by Ord. No. 1627]
A. 
There is hereby established the office of Municipal Prosecutor for the Borough of Seaside Park.
B. 
The Municipal Prosecutor shall be appointed by the Mayor with the advice and consent of the Borough Council. The Municipal Prosecutor shall be appointed for a term of one year.
C. 
The Municipal Prosecutor shall be an attorney at law of New Jersey but need not be a resident of the Borough.
D. 
Pursuant to N.J.S.A. 2B:12-27, the Municipal Prosecutor shall appear in the Municipal Court on behalf of the State of New Jersey or the Borough of Seaside Park in any case therein pending, upon the request of the Municipal Judge, the Chief of Police or directive of the Mayor or Council. He shall exercise the powers and duties assigned to such office by the statutes and court rules of the State of New Jersey.
[Added 5-23-2013 by Ord. No. 1627]
A. 
There is hereby established the office of Public Defender for the Borough of Seaside Park for the defense of indigent defendants charged with offenses involving serious fines, driver's license revocations and incarcerations.
B. 
The Public Defender shall be appointed by the Mayor with the advice and consent of the Borough Council for a period of one year.
C. 
The Public Defender shall be an attorney at law of New Jersey in good standing.
D. 
The Public Defender shall interview all indigent defendants qualifying for assistance as hereinafter defined and defend the same in the Municipal Court in the Borough only, and not in any other court.
E. 
The definition of "indigent" shall be the same as utilized by the Office of the Public Defender of the State of New Jersey for those cases handled by the Ocean County office thereof.
F. 
The Municipal Court Judge may direct the Public Defender to defend indigents in matters other than those designated herein upon his finding that the nature of the offense, the defendant or the penalty would result in unusual harm or prejudice to the defendant if not afforded representation by the Public Defender.
G. 
Pursuant to N.J.S.A. 2B:24-27a, the Borough of Seaside Park shall require any person applying for representation by the Municipal Public Defender to pay an application fee of not more than $200. The Municipal Court may waive any required application fee, in whole or in part, if the Court determines, in its discretion, that the application fee represents an unreasonable burden on the person seeking representation.