Borough of Morris Plains, NJ Chapter 15 Municipal Court

[Editor's Note: For state statutes governing municipal courts, Municipal Judges and their jurisdiction, see N.J.S.A. 2B:12-1 et seq. For state law relating to penalty provisions of ordinances and the discretionary power of the Municipal Judge with respect thereto, see N.J.S.A. 40:49-5. For rules of procedure in municipal courts, see current Rules Governing the Courts of the State of New Jersey.]

15-1 Court established.

[Ord. No. 11-48, § 1]

Pursuant to the provisions of N.J.S.A. 2A:8-1, as amended and supplemented, there is hereby established within the Borough a Municipal Court to be known as the "Municipal Court of the Borough of Morris Plains."[1]

[1] Editor's Note: N.J.S.A. 2A:8-1 was repealed by P.L. 1993, c. 293. See now N.J.S.A. 2B:12-1.

15-2 Seal.

The Municipal Court shall have a seal, which shall bear the impress of the name of the Court.[1]

[1] Editor's Note: For statute concerning Municipal Court Seal, see N.J.S.A. 2B:1-1.

15-3 Judge of Municipal Court appointment; term.

[Ord. No. 11-48, § 3]

(a) There shall be a Judge of the Municipal Court who shall be appointed, by the Mayor, with the advice and consent of the Borough Council.

(b) The Judge shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified. An appointment to fill a vacancy caused by other than expiration of term shall be made for the unexpired term only.

15-4 Qualifications of Judge of Municipal Court.

[Ord. No. 11-48, § 3]

The person appointed as Judge of the Municipal Court shall have the following qualifications:

(a) Be an attorney at law and a resident of the State of New Jersey but he need not be a resident of the Borough.

(b) Be a person who is qualified under any law or court rule to hold the office of Judge of the Municipal Court.

15-5 Jurisdiction.

[Ord. No. 11-48, § 2]

The Municipal Court of the Borough and the Municipal Judge shall have, possess and exercise all the jurisdiction, powers, functions and duties which are or may be conferred by law and the applicable rules of the Supreme Court of New Jersey.

15-6 Compensation of Municipal Judge.

[Ord. No. 11-48, § 5]

The Municipal Judge shall be compensated by an annual salary as fixed by ordinance adopted by the Council. The compensation so paid shall be in lieu of any and all other fees.

15-7 Administrator of Municipal Court, clerical and other assistants.

[Ord. No. 11-48, §§ 4, 5; Ord. No. 19-91, § 1]

(a) The Council may by ordinance or resolution provide for an Administrator and other necessary clerical and other assistants for the Municipal Court.

(b) The compensation of the Municipal Court Administrator, clerical and other assistants shall be fixed by ordinance.

15-8 Public Defender.

[Ord. No. 1-98, § 1]

The position of Municipal Public Defender is hereby established so that persons applying for representation by a Municipal Public Defender may avail themselves of said services in accordance with the provisions of P.L. 1997, c. 256. Applicants requesting representation by the Municipal Public Defender shall pay an application fee of not more than $200, in accordance with P.L. 1997, c. 256. The Municipal Court may waive any required application fee, in whole or in part, if the court determines, in its discretion, upon a clear and convincing showing by the applicant that the application fee represents an unreasonable burden on the person seeking representation.[1]

[1] Editor's Note: See N.J.S.A. 2B:24-1 et seq.