[New]
There is hereby established in the Township of Union pursuant
to N.J.S.A. 2A:8-1, as amended and supplemented, a Municipal Court
which shall be entitled the "Municipal Court of the Township of Union."
[New]
The Municipal Court of the Township of Union shall have a seal
which shall bear the impress of the name of the Court.
[New]
The Judge of the Municipal Court shall be appointed by the Mayor
and confirmed by Township Committee. The Judge of the Municipal Court
shall serve for a term of three years from the date of his/her appointment
and until his/her successor is appointed and qualified. Any appointment
to fill a vacancy caused other than by expiration of term shall be
made for the unexpired term only.
[New]
The Municipal Court shall have, possess and exercise all the
functions, powers, duties and jurisdiction, both territorial and subject
matter, in such matters as conferred upon the Court pursuant to N.J.S.A.
2A:8-1, et seq., as amended and supplemented, and by any other Acts
of the State Legislature.
[New]
The salary of the Judge of the Municipal Court shall be an annual
salary as established by the Salary Ordinance.
[New]
The Mayor and Township Committee shall provide for a Municipal
Court Administrator and any other necessary clerical and other assistants
as may be required for the Municipal Court. Compensation for the Municipal
Court Administrator and other Court personnel shall be established
by the Salary Ordinance.
[Ord. No. 2011-3 § I]
a.
The Governing Body of Union Township may employ an attorney at law
as a Prosecutor, under the supervision of the County Prosecutor, who
may represent the municipality in any matter within the jurisdiction
of the Union Township Municipal Court, in accordance with P.L. 1999,
c. 49 (N.J.S.A. 2B:25-1 et seq.).
b.
The Municipal Prosecutor shall be appointed for a one-year term commencing
January 1 and ending December 31, and may continue to serve in office
pending reappointment or appointment of a successor.
c.
The Municipal Prosecutor shall be compensated as provided in the
current salary ordinance and resolution of the Borough, or as otherwise
established according to law in the case of a shared Municipal Court.
d.
In the case of shared municipal courts, any interlocal agreement
with another municipality shall provide for the appointment of the
same person as Municipal Prosecutor for said shared courts.
[Ord. No. 97-8 § 1A]
There is hereby created the position of a Municipal Public Defender
who shall be appointed by the Township Committee. The Township Committee
may appoint a Chief Municipal Public Defender and such Deputy Municipal
Public Defenders as may be determined by the Township Committee to
be necessary.
[Ord. No. 97-8 § 1B]
In accordance with the provisions of P.L. 1997, Chapter 256,
the Municipal Public Defender and any Deputy Municipal Public Defenders
shall be qualified as an attorney-at-law of the State of New Jersey
in good standing and shall represent those defendants appearing in
Municipal Court who are determined by the Court to be indigent and
whose representation is assigned to the Township Public Defender by
the Court.
[Ord. No. 97-8 § 1C]
The Municipal Public Defender, Chief Municipal Public Defender
or Deputy Municipal Public Defender shall be appointed for a term
of one year from the date of appointment and may continue to serve
in office pending re-appointment or appointment of a successor.
[Ord. No. 97-8 § 1D]
The Municipal Public Defender, Chief Municipal Public Defender
or Deputy Municipal Public Defender shall be compensated in the manner
established by ordinance.
[Ord. No. 97-8 § 1E]
The Chief Municipal Public Defender shall have all of the duties
provided by P.L. 1997, Chapter 256, in the representation of indigent
defendants in proceedings over which the Union Township Municipal
Court has jurisdiction and shall have authority over any Deputy Municipal
Public Defenders that may be appointed by the Township Committee with
respect to the performance of their duties.
[Ord. No. 97-8 § 1F]
The Deputy Municipal Public Defender, if one or more shall be
appointed, shall serve in the absence or disqualification of the Chief
Municipal Public Defender or when assigned by the Chief Municipal
Public Defender.
[Ord. No. 97-8 § 1G]
The Municipal Public Defenders may represent private clients
in the Municipal Court and before Township agencies, subject to the
Rules of Court Governing the Conduct of Lawyers, Judges and Court
Personnel.
[Ord. No. 97-8 § 1H]
A person applying for representation by the Municipal Public
Defender shall pay an application fee of $200. In accordance with
P.L. 1997 Ch. 256 and with the guidelines promulgated by the Supreme
Court, the Municipal Court may waive any required application fee,
in whole or in part, only if the Court determines, in its discretion,
upon a clear and convincing showing by the applicant that the application
fee represents an unreasonable burden on the person seeking representation.
The Municipal Court may permit a person to pay the application fee
over a specific period of time not to exceed four months.
[Ord. No. 97-8 § 1I]
Eligibility for services of the Municipal Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant, except as provided in subsections 2-32.10 and 2-32.11. Need shall be measured by the New Jersey Supreme Court. In the event that a determination of eligibility cannot be made before the time when the first services are to be rendered, or if an initial determination is found to be erroneous, the Municipal Court shall refer the defendant to the Municipal Public Defender provisionally, and if subsequently it is determined that the defendant is ineligible the Municipal Court shall inform the defendant, and the defendant shall be obliged to engage his own counsel and to reimburse the Municipality for the cost of the services rendered to that time.
[Ord. No. 97-8 § 1K]
The Municipal Court shall make an investigation of the financial
status of each defendant seeking representation and shall have the
authority to require a defendant to execute and deliver written requests
or authorizations required under applicable law to provide the Court
with access to records of public or private sources, otherwise confidential,
as may be of aid in evaluating eligibility. As provided by law, the
Court is authorized to obtain information from any public record office
of the State or of any subdivision or agency thereof on request and
without payment of the fees ordinarily required by law.
[Ord. No. 97-8 § 1K]
As provided by P.L. 1997, Ch. 256, whenever a person entitled
to representation by a Municipal Public Defender pursuant to this
act, is under the age of 18 years, the eligibility for services shall
be determined on the basis of the financial circumstances of the individual
and the financial circumstances of the individual's parents or
legal guardians.
[Ord. No. 97-8 § 1L]
As provided by P.L. 1997, Ch. 256, if the defendant has or reasonably
expects to have means to meet some part, though not all, of the cost
of the services rendered, the defendant shall be required to reimburse
the Township and the Township 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
pursuant to this act as calculated at the same rate as the office
of the Public Defender bills clients at that time.
[Ord. No. 97-8 § 1M]
The Municipal Attorney may do all things necessary to collect
any money due to the Township by way of reimbursement for services
rendered by a Municipal Public Defender. The Municipal Attorney may
enter into arrangements with any State or County Agency to handle
collections on a cost basis. The Municipal Attorney shall have all
the remedies and proceedings available for collection which are available
for or upon the recovery of a judgment in a civil action and shall
also be permitted to collect counsel fees and costs from the defendant.
The Municipal Attorney is authorized to compromise and settle any
claim for services performed whenever the financial circumstances
of the person receiving the services are such that, in the judgment
of the Municipal Attorney, the best interest of the Township will
be served by compromise and settlement.
[Ord. No. 97-8 § 1N]
Funds collected from the application fee shall be deposited
in a dedicated fund administered by the Chief Financial Officer of
the Township. The funds shall be used exclusively to meet the costs
incurred in providing the services of a Municipal Public Defender
including, when required, expert and lay investigation and testimony.
[Ord. No. 97-8 § 1O]
The Township Committee shall appoint a Municipal Public Defender, as required by P.L. 1997, Ch. 256, not later than March 22, 1998. The application fee set forth in § 2-32.8 shall take effect as of December 22, 1997. In accordance with provisions of P.L. 1997, Ch. 256, Section 6c, the Township shall not be required to pay for expert and lay investigation or testimony prior to March 22, 1999.
[Ord. No. 2007-7; Ord. No. 2008-4]
Pursuant to the Interlocal Services Act, N.J.S.A. 40:8A-1, and
N.J.S.A. 2B:12-1c, the Mayor, on behalf of the Township Committee,
is hereby authorized to enter into a shared services agreement to
provide jointly for courtrooms, chambers, equipment, supplies and
employees for the municipal courts of the Township of Union and another
municipality, and to agree to appoint judges and administrators without
establishing a joint municipal court. Where the municipal courts of
Union Township and another municipality share facilities in this manner,
the identities of the individual courts shall continue to be expressed
in the captions of orders and process. Pursuant to N.J.S.A. 2B:12-1.d.,
said interlocal agreement may be terminated as provided in the agreement.
[Ord. No. 2007-7; Ord. No. 2008-4]
In the case of shared municipal courts, any interlocal agreement
with another municipality shall provide that the municipalities agree
to appoint Municipal Judges, Prosecutors, Public Defenders, Court
Administrators, and other court personnel, in accordance with applicable
law. Said employees shall be compensated in the manner provided by
said interlocal agreement and as otherwise established according to
law.
