[Amended 2-19-1985 by Ord. No. 1-85; 6-5-1985 by Ord. No. 15-85; 11-17-1986 by Ord. No. 64-86]
The Municipal Court created pursuant to N.J.S.A. 2A:8-1 et seq.[1] and known as the "Municipal Court of the City of Orange Township, Essex County," shall be continued, with all functions, powers, duties and jurisdiction conferred by the aforesaid statute.
[1]
Editor's Note: N.J.S.A. 2A:8-1 et seq. was repealed by the Laws of 1993, Chapter 293, § 6, effective 2-15-1994. See now N.J.S.A. 2B:12-1 et seq.
The Court shall convene in the police building or such other place and at such other times as the Council may provide by resolution.
A. 
Appointment; compensation.
(1) 
There shall be two (2) Municipal Judges of the Municipal Court appointed by the Mayor with advice and consent of the City Council. The Municipal Judges shall serve for a term of three (3) years from the date of appointment and until a successor or successors shall be appointed and qualified. The Municipal Judges shall receive such compensation as provided by ordinance by the Council.
(2) 
The Mayor may designate one (1) of such Municipal Judges as "Presiding Judge." The Presiding Judge shall assume the prime administrative authority for the operation of the Municipal Court in accordance with the rules governing the Courts of the State of New Jersey.
(3) 
The Mayor may appoint an Acting Municipal Court Judge with the advice and consent of the City Council, pursuant to statute, and subject to the rules governing the Courts of the State of New Jersey, in the event of the disqualification, incapacity, incompetency or death of one (1) or both of the permanent, part-time Municipal Judges referred to in the within chapter.
B. 
Qualifications. Each Municipal Judge shall be an attorney at law of the state and a resident thereof, but need not be a resident of the city. Each Judge shall have and possess the qualifications and shall have, possess and exercise all the functions, duties, powers and jurisdiction conferred by Chapter 264 of the 1948 Laws of New Jersey, as amended and supplemented by general law or ordinance.
The Municipal Court shall have a Clerk and such other employees as the Council may authorize. They shall be appointed and may be removed by the Judge pursuant to civil service requirements and city personnel regulations and shall be paid in accordance with the annual Salary Ordinance. They shall have such duties as the Judge may assign and as are prescribed by law and regulations.
A. 
Position created; appointment; term. There is hereby created the position of Public Defender for the City of Orange Township, which position shall be filled by an appointment by the Mayor, to represent persons as directed by the Municipal Court Judge as required by law. The term of office of the Public Defender shall be one (1) year and may continue to serve in office pending reappointment or appointment of a successor.
[Added 7-5-1994 by Ord. No. 24-94; Amended 2-3-1998 by Ord. No. 3-98]
B. 
Qualifications. The Public Defender shall be an individual who is licensed to practice law in the State of New Jersey and shall be paid on a full time, part time, hourly, per diem or per case basis.
C. 
Application for service of public defender; fee.
(1) 
In order to obtain the services of Public Defender, an application must be filed in Municipal Court, on an approved form to be provided. The Public Defender will be assigned to those individuals charged with a crime subjecting the defendant to a consequence of magnitude as defined by law subject to need as measured by law.
(2) 
The Court shall assess an application fee of two hundred dollars ($200.) from each defendant who makes an application for the services of the Public Defender. This fee shall be due regardless of whether the applicants are found to require the services of the Public Defender; however, the Court may waive this fee in whole or in part if it determines upon a clear and convincing showing by the defendant that this application fee represents an unreasonable burden on the defendant. In the case of a defendant who is unable or unwilling to pay the application fee and for whom the fee was not waived, the fee shall become a lien, and the City of Orange Township may collect the fee in any manner as permitted by law.