[HISTORY: Adopted by the Township Committee of the Township
of Barnegat 5-1-78 as Ord. No. 1978-9.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance supersedes former Ch. 9,
Court, Intermunicipal, adopted 4-1-74 as Ord. No. 1974-9.
A Municipal Court for the Township of Barnegat in the County
of Ocean is hereby established as of the effective date of this ordinance,
pursuant to the provisions of N.J.S.A. 2A:8-1 et seq.
The name of the Municipal Court shall be the "Municipal Court
of the Township of Barnegat in the County of Ocean."
The Municipal Court shall have a seal which shall bear the name
of the Court.
There shall be a Municipal Judge of said Municipal Court, who
shall be nominated and appointed by the Township Committee. The said
Judge shall serve for a term of three (3) years from the date of his
appointment and until his successor is appointed and qualified.
The Municipal Judge shall receive an annual salary of four thousand
dollars ($4,000.) which shall be paid by the Township of Barnegat.
Said salary shall be paid in the same manner as the salaries of other
municipal officers. Said salary shall be in lieu of all fees, costs
and other allowances whatsoever.
Said Municipal Court, and the Municipal Judge thereof, shall
have, possess and exercise all of the functions, powers, duties and
jurisdiction conferred by law upon said Court and Judge.
There shall be a Clerk of the Municipal Court who shall be appointed
by the Township Committee of the Township of Barnegat. Said Clerk
shall serve for a term of three (3) years from the date of his or
her appointment and until his or her successor is appointed and qualified.
The Clerk of the Municipal Court shall receive an annual salary of
seven thousand five hundred dollars ($7,500.) which shall be paid
by the Township of Barnegat. Said salary shall be paid in the same
manner as salaries of other municipal officers. Said salaries shall
be paid in lieu of all fees, costs and other allowances whatsoever.
Said Clerk shall perform said functions and duties as shall be prescribed
for said Clerk by law, the rules applicable to Municipal Courts and
by the Municipal Judge.
The Municipal Court shall be held in the Municipal Building
in the Township of Barnegat, Ocean County, New Jersey. The Municipal
Judge shall sit at such times as he deems proper and necessary to
perform the business of the Court and for the effective administration
of justice in the Township of Barnegat and subject to the rules applicable
to Municipal Courts.
All ordinances or parts of ordinances inconsistent with the
provisions of this ordinance are repealed.
This ordinance shall take effect when finally passed, adopted
and approved and published as required by law.
[Added 1-17-95 by Ord. No. 1995-7]
[Added 1-17-95 by Ord. No. 1995-7]
There is hereby established an Office of the Public Defender
of Barnegat Township.
[Added 1-17-95 by Ord. No. 1995-7]
The Barnegat Township Committee shall appoint a Public Defender
by Resolution on January 1st of each year who shall serve until December
31st of said year or until a successor is duly appointed and qualified.
[Added 1-17-95 by Ord. No. 1995-7]
The Office of the Public Defender shall be an Attorney-at-Law
of the State of New Jersey in good standing.
[Added 1-17-95 by Ord. No. 1995-7]
The Public Defender shall represent indigent defendants charged
with disorderly person offenses or serious motor vehicle violations
within the Barnegat Township Court. An indigent defendant is one as
defined by the Office of Public Defender of the State of New Jersey
for those cases handled by the Ocean County Office thereof.
[Added 1-17-95 by Ord. No. 1995-7; amended 11-3-97 by Ord. No. 1997-34]
Any person applying for representation by a Municipal Public
Defender in the Township of Barnegat shall pay an application fee
of not more than two hundred dollars ($200.) to the Municipal Court
Clerk at the time of the application. The amount paid shall be only
an amount necessary to pay the costs of the Municipal Public Defender
services. The Court may waive the required fee in whole or in part
if the Court determines upon a clear and convincing showing by the
applicant that the fee represents an unreasonable burden on the person
seeking the services of the Public Defender. The Municipal Court may
permit the applicant to pay the fee over a specified time not to exceed
four (4) months.
[Added 1-3-97 by Ord. No. 1997-34]
Any funds collected pursuant to Section 9-10.5 shall be deposited
in a dedicated fund administered by the Chief Financial Officer, and
those funds shall be used exclusively to meet the costs incurred in
providing the services of the Public Defender or if required, attendant
expert and lay investigation and services.
[Added 5-21-01 by Ord. No. 2001-17]
The position of Conflict Public Defender is hereby established
for the Township of Barnegat.
[Added 5-21-01 by Ord. No. 2001-21]
The position of Violation Clerk is hereby established for the
Township of Barnegat.
