Township of Middletown, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Middletown 8-4-1997 by Ord. No. 97-2479 as Ch. 15 of the 1996 Township Code. Amendments noted where applicable.]
The Municipal Court of the Township, heretofore established, is hereby continued.
The name of the Municipal Court shall be the "Municipal Court of the Township of Middletown."
The Municipal Court shall have an Official Seal which shall bear the impress of the name of the court.
[Amended 4-17-2017 by Ord. No. 2017-3195]
A. 
Judges of the Municipal Court shall be appointed by the Township Committee pursuant to N.J.S.A. 2B:12-4, and when applicable, N.J.S.A. 2B:12-5.
B. 
Judges of the Municipal Court shall be compensated at the rate or salary set forth in the Township's annual salary ordinance.
The Municipal Court and the Judge thereof 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.
[Amended 8-4-1997 by Ord. No. 97-2479]
In accordance with N.J.S.A. 2B:12-10, the governing body may, by resolution, provide for an Administrator and other necessary clerical or other assistants for the Municipal Court and provide for their compensation in accordance with law. The governing body may, by resolution, designate any officer or employee of the Township to serve as Administrator of the Municipal Court with or without additional compensation.
[Added 3-16-1998 by Ord. No. 98-2506]
A. 
Position established; appointment; term. There is hereby established the position of Public Defender for the Township, which position shall be filled by the appointment of the Township Committee. The Public Defender shall represent all persons determined as indigent for whom such representation is directed by the Municipal Court Judge. The term of office of the Public Defender shall be one year, commencing January 1 of the calendar year and concluding December 31 of the same year. The Public Defender shall be an attorney licensed to practice law in New Jersey.
B. 
Applications for services of Public Defender; fee.
(1) 
In order to obtain the services of the Public Defender, application must be made to the Municipal Court. The Municipal Court Judge shall make a decision as to whether a defendant is indigent after reviewing the defendant's application, based upon whether the defendant has the financial ability to secure competent legal representation and other appropriate criteria.
(2) 
The Municipal Court Judge shall assess a fee of up to $200 from each defendant who requires the services of the Public Defender. The Judge may waive this fee in whole or in part if the Judge determined the fee represents an unreasonable burden on said defendant.
C. 
Reimbursement.
[Amended 2-6-2017 by Ord. No. 2017-3185]
(1) 
The payment to the Public Defender shall be paid by annual salary fixed by the Township Committee per annual Salary Ordinance.
(2) 
Any work required before Superior Court may be billed separately as provided by law.