[HISTORY: Adopted by the Town Council of the Town of Belvidere 5-7-1956; readopted 8-3-1987 by Ord. No. 87-11 (Ch. 12 of the 1987 Code). Subsequent amendments noted where applicable.]
A Municipal Court for the Town of Belvidere is established as of June 1, 1956, pursuant to the provisions of Chapter 264 of the Laws of 1948, as amended and supplemented.[1]
[1]
Editor's Note: Chapter 264 of the Laws of 1948 was repealed by P.L. 1993, c. 293. See now N.J.S.A. 2B:12-1 et seq.
The name of the Municipal Court shall be the "Municipal Court of the Town of Belvidere."
The Municipal Court shall have a seal which shall bear the impress of the name of the Court.
[Amended 6-17-1991 by Ord. No. 91-12]
There shall be a Judge of said Municipal Court, who shall be appointed by the Mayor, with the advice and consent of the 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 Court shall also have an Administrator and other necessary clerical assistants and other assistants who shall be appointed by the governing body by resolution or ordinance.
[Amended 6-17-1991 by Ord. No. 91-12]
The Judge, Administrator and other personnel shall receive an annual salary, as set forth in An Ordinance to Amend an Ordinance Fixing the Salaries of Several Town Officers and Officials of the Town of Belvidere, County of Warren, State of New Jersey, and subsequent amendments thereto.[1]
[1]
Editor's Note: The currently effective Salary Ordinance is on file in the office of the Town Clerk.
The said Municipal Court and the Judge thereof shall have, possess and exercise all the functions, powers, duties and jurisdiction conferred by the provisions of Chapter 264 of the Laws of 1948, as amended and supplemented,[1] or by any other law.
[1]
Editor's Note: Chapter 264 of the Laws of 1948 was repealed by P.L. 1993, c. 293. See now N.J.S.A. 2B:12-1 et seq.
[Added 10-20-1997 by Ord. No. 97-25; amended 3-2-1998 by Ord. No. 98-03]
A. 
Office created. There is hereby created the office of the Municipal Public Defender of the Town. The Municipal Public Defender shall serve the Municipal Court of the Town of Belvidere.
B. 
Appointment. The Town Council shall appoint the Municipal Public Defender and shall fill any vacancy in the office, which shall be for the unexpired term only.
C. 
Qualifications. The Municipal Public Defender shall be an attorney at law of the State of New Jersey but need not be a resident of the Town.
D. 
Term of office. The term of office of the Municipal Public Defender shall be for an initial term commencing March 2, 1998, and terminating on December 31, 1998. Following expiration of the initial term, the term of office shall be one year commencing on January 1 and terminating on December 31. The Municipal Public Defender may continue to serve in office pending reappointment or appointment of a successor.
E. 
Duties. It shall be the duty of the Municipal Public Defender to represent, except in the case of temporary unavailability or conflict of interest, any defendant charged with a crime as specified in N.J.S.A. 2B:12-18 or if, in the opinion of the Municipal Court, there is a likelihood that the defendant, if convicted of any other offense, will be subject to imprisonment or other consequence of magnitude; and to perform other duties as set forth in the statute governing municipal public defenders.
F. 
Salary. The Municipal Public Defender shall receive compensation on the per-case basis in an amount as shall be fixed from time to time by resolution of the Town Council.
G. 
Application fee; waiver. Each individual applying for representation by the Municipal Public Defender shall be required to pay an application fee of $200, provided that such amount shall not exceed the amount necessary to pay the cost of the Municipal Public Defender services. The Municipal Court Judge may waive any required application fee, in whole or in part, only 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 party seeking representation.
H. 
Dedicated fund. The funds collected pursuant to Subsection G above shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Town of Belvidere. Such funds shall be used exclusively to meet the cost incurred in providing the services of a Municipal Public Defender, including, when required, expert and lay investigation and testimony.
I. 
Investigation of financial status of defendant. With respect to each defendant entitled to and seeking representation by the Municipal Public Defender, the Municipal Court shall make an investigation of the financial status of each defendant and/or the defendant's legal guardians or parents if the defendant is under the age of 18 years or otherwise incapacitated. The investigation shall include the authority to require a defendant and/or the defendant's legal guardians or parents to execute and deliver written requests or authorizations required under 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.
J. 
Collection. The Attorney for the Town of Belvidere shall be permitted, in the name of the Town of Belvidere, to collect any money due to the Town of Belvidere by way of reimbursement for services rendered by a Municipal Public Defender as provided by law.