[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]
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.
