A Municipal Court, to be known as the "Municipal Court of the Borough of Demarest," is hereby established with the jurisdiction, powers and duties conferred by the statutes in such case made and provided and also with all functions, powers, duties and jurisdiction in criminal cases heretofore exercised by any Justice of the Peace, Police Justice, Police Magistrate or Recorder.
[HISTORY: Adopted by the Mayor and Council of the Borough of Demarest as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-22-1948 by Ord. No. 164]
The Court shall have a Judge, who shall be appointed by the Mayor, with the advice and consent of the Borough Council of the Borough of Demarest, for a term of three years and until his successor is appointed and qualified.
[Amended 4-18-1983 by Ord. No. 562]
The Judge, before entering upon the duties of his office, shall take the oath required by law.
[Amended 4-18-1983 by Ord. No. 562]
The Court shall be held at the Borough Hall and, in an emergency, at such other places in the Borough as the Judge may designate by written order filed in said Court.
The Judge shall have the power and authority, in his discretion, in all cases where a fine, imprisonment or other penalty is imposed, to make said fine a lesser amount, said imprisonment a lesser term or said penalty less than the maximum fixed by statute or by ordinance.
[Adopted 9-18-1995 by Ord. No. 768]
There shall be a Public Defender of the Municipal Court, who shall be appointed by the Mayor, with the advice and consent of the Borough Council. The Municipal Public Defender shall serve for a term of one year from the date of appointment and until his successors are appointed and qualified.
The person appointed as Municipal Public Defender shall have the following qualifications:
A.
He shall be an attorney at law and resident of the State of New Jersey, but he need not be a resident of the Borough of Demarest.
The Municipal Public Defender shall defend those cases as are assigned to him by the Municipal Court Judge, and the Municipal Public Defender shall perform such other legal duties as may be assigned to him by the governing body or the Municipal Court Judge.
A.
The Municipal Public Defender shall be compensated by an annual salary which shall be fixed and paid in the manner provided by ordinance by the Borough Council and which shall be in lieu of any and all other fees, costs and allowances.
B.
The Municipal Court may assess a surcharge of $200 on all defendants requesting the services of the Municipal Public Defender. The Court shall set the amount as necessary to pay the costs of Municipal Public Defender services, including both expert and lay investigation and testimony as well as other preparations as provided in N.J.S.A. 2B:24-1 et seq. Said assessment may be added to the fines, or, if the defendant is found not guilty, the assessment may still be levied in the discretion of the Court. The Municipal Court may waive any required application fee, in full or in part, if the Court determines, in its discretion, that the application fee represents an unreasonable burden to the person seeking representation, which determination shall be made in accordance with the guidelines established by state statute. The Borough shall have a lien on any property to which the defendant shall have or acquire an interest for an amount equal to the reasonable value of the services rendered to a defendant by the Municipal Public Defender at the same rate as the office of the Public Defender bills clients at the time the services are rendered; the lien shall be effectuated in accordance with the provisions of Title 2B of New Jersey Statutes.
[Amended 12-15-1997 by Ord. No. 794]