Borough of Buena, NJ Chapter 13 Court, Joint Municipal

[HISTORY: Adopted by the Mayor and Council of the Borough of Buena 9-12-2022 by Ord. No. 711.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 13, Court, Municipal, which consisted of Art. I, Joint Municipal Court, adopted 9-26-2011 by Ord. No. 584.

§ 13-1 Creation of Court; name; jurisdiction.

A. Creation of Court. This shall create a Joint Municipal Court consisting of the following members: the Township of Franklin (Gloucester County), the Borough of Newfield (Gloucester County), and the Borough of Buena (Atlantic County). This Court is created by the Shared Services Agreement dated October 1, 2022, by and between the aforesaid municipalities and is subject to the terms thereof. The Shared Services Agreement is attached hereto and incorporated in this chapter and shall be approved by and filed with the Administrative Director of the Courts.[1]

[1] Editor's Note: Said agreement is on file in the Borough offices.

B. Name of Court. The name of the Joint Municipal Court shall be the "Franklin Township Joint Municipal Court," and it shall have a seal bearing the name of the Court.

C. Jurisdiction. The jurisdiction of the Franklin Township Joint Municipal Court shall be coextensive with the territory of the the Township of Franklin (Gloucester County), the Borough of Newfield (Gloucester County), and the Borough of Buena (Atlantic County). The Court shall be under the jurisdiction of the Assignment Judge and Municipal Court Administrator for Vicinage 15.

§ 13-2 Municipal Judge; qualifications; responsibilities.

A. There shall be a Municipal Judge appointed by the Governor as provided by law with regard to a Joint Municipal Court. The Municipal Judge shall serve for a term of three years from the date of appointment and until a successor shall be appointed and qualified.

B. The Municipal Judge shall have and possess the requisite qualifications in order to serve as a Municipal Court Judge as provided by the laws of the State of New Jersey.

C. The Municipal Judge shall faithfully carry out all of the 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, the New Jersey Supreme Court and any other applicable laws and rules.

§ 13-3 Prosecutor; Administrator; Public Defender; Auditor.

A. Municipal Prosecutor. There shall be appointed a Municipal Prosecutor for the Joint Municipal Court who shall prosecute all cases in the Joint Municipal Court. The Municipal Prosecutor shall be appointed for a one-year term by the Township of Franklin. The compensation for the Municipal Prosecutor shall be determined by the Township of Franklin.

B. Municipal Court Administrator. There shall be an Administrator of the Franklin Joint 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 by Franklin for a term of one year, subject, however, to the tenure provisions as set forth in N.J.S.A. 2A:8-13.2, and considered an employee of Franklin. The compensation of the Administrator shall be determined by Franklin. 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 Franklin Joint Municipal Court.

(2) Interviewing and speaking to persons wishing to file criminal or quash criminal complaints or wishing information in that regard; receiving complaints and dispensing information relating to court matters.

(3) Maintaining the financial records of Franklin Joint Municipal 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 Franklin Joint Municipal Court.

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

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

C. The Township of Franklin shall, hereafter, by resolution have the power to designate such other persons as may be required to serve as clerks and administrators and other officers thereof and to establish compensation to be paid to the respective persons to manage and run the day-to-day operations of the Joint Municipal Court. Compensation thereof shall be in accordance with the salary ordinance adopted annually by the Township of Franklin.

D. The Township of Franklin shall, by resolution, annually appoint a Public Defender and Conflict Public Defenders to serve within the Franklin Township Joint Municipal Court. The Public Defender and Conflict Public Defenders shall be compensated as determined by the Township of Franklin. Applications for the appointment of the Public Defender for particular cases shall be in accordance with Chapter 102 of this Title.[1]

[1] Editor's Note: "Chapter 102" refers to Chapter 102, Public Defender, of the Code of the Township of Franklin.

E. The Auditor appointed by Franklin Township shall act as the Auditor for the Franklin Joint Municipal Court. The Auditor shall perform a yearly audit of the Franklin Joint Municipal Court, which audit shall be prepared generally in accordance with the requirements of the Local Fiscal Affairs Law, N.J.S.A. 4A:50-1 et seq. A copy of the complete audit shall be supplied to each participating municipality by September 1 of each year.

§ 13-4 Withdrawal by members.

Withdrawal by members. The members of the Franklin Township Joint Municipal Court established by this chapter are the Township of Franklin (Gloucester County), the Borough of Newfield (Gloucester County), and the Borough of Buena (Atlantic County). Collectively, the Township of Franklin, the Borough of Newfield, and the Borough of Buena shall referred to as "members." Any member of the Joint Municipal Court may withdraw at the end of the next calendar year by complying with the provisions of the Shared Services Agreement between the members identified in § 13-1A supra or such subsequent agreements or amendments then existing and in effect.

§ 13-5 Contributions and compensation.

The Borough of Newfield and the Borough of Buena shall compensate the Township of Franklin a fee in accordance with the Shared Services Agreement then existing between the parties.

§ 13-6 Uniform Shared Services and Consolidation Act.

The governing bodies of the Township of Franklin (Gloucester County), the Borough of Newfield (Gloucester County), and the Borough of Buena (Atlantic County) are authorized to enter into a contract with each other embodying the provisions of the contract attached hereto as Exhibit A[1] pursuant to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq. In the event of a discrepancy between this chapter and the USSC Act, and any amendments thereto, the USSC Act shall take precedence.

[1] Editor's Note: Exhibit A is on file in the Borough offices.