[1972 Code §§ 2-14.1]
There shall be a Municipal Court in the Township pursuant to
the provisions of N.J.S.A. 2B:12-1 et seq., to be known as the "Municipal
Court of the Township of Piscataway, Middlesex County." The Municipal
Court shall have a seal bearing the impress of the name of the Court.
The Court shall exercise all the functions, powers, duties and jurisdiction
conferred upon municipal courts by the provisions of N.J.S.A. 2B:12-1
et seq., or any other law.
[1972 Code § 2-14.2]
There shall be one or more Judges of the Municipal Court appointed
by the Mayor with the advice and consent of the Council. A Judge of
the Municipal Court shall serve for a term of three years from the
date of appointment and until a successor shall be appointed and qualified.
Annually, the Mayor shall designate one of the Judges as the
Presiding Judge of the Municipal Court.
A Judge of the Municipal Court shall have and possess the qualifications,
and shall have, possess and exercise all of the functions, duties,
powers and jurisdiction conferred by statute, court rule or ordinance.
[1972 Code § 2-14.3]
There shall be a Municipal Court Administrator and a Deputy
Court Administrator who shall perform such functions and duties as
shall be prescribed by law, the rules applicable to Municipal Courts
and the Municipal Judge. The duties of the Municipal Court Administrator
and Deputy Administrator shall include, but not be limited to:
a.
Carrying out the rules, regulations, policies and procedures relating
to the operation of the Court.
b.
Interviewing and speaking to prospective complainants; receiving
complaints and dispensing information relating to Court matters.
c.
Maintaining the financial records of the Court.
d.
Attending Court, taking minutes of the trials and entering them in
the docket; arranging trial calendars; signing Court documents; preparing
and issuing warrants and commitments.
e.
Taking and preparing bail bonds, making inquiry as to their sufficiency
and equity; receiving and accounting for fines and costs.
f.
Interviewing persons on informal Police Court matters to determine
if there is a basis for formal action and, if necessary, issuing summonses
requiring Court appearances in this regard; maintaining and classifying
records and files.
[1972 Code § 2-15.1]
a.
The Township Council finds and determines as follows:
1.
Many defendants who appear in the Municipal Court are indigent or
of such limited means as to be unable to afford to engage counsel;
2.
Both the State and Federal Constitutions guarantee persons accused
of serious offenses the right to the assistance of counsel and require
the State to provide counsel for such defendants who cannot afford
to engage counsel on their own;
3.
One way to assure representation for such persons is by use of a
Public Defender engaged by the Township who can be assigned by the
Municipal Court to represent such persons;
4.
The implementation of a Public Defender System will ensure that indigent
persons are provided counsel, will assure that such defendants are
afforded speedy trials, will expedite the disposition of cases in
the Municipal Court and will otherwise promote the administration
of justice;
5.
N.J.S.A. 2B:12-28 authorizes the collection of a $50 application
fee in connection with the appointment of counsel for indigent persons;
6.
The collection of the fee authorized by N.J.S.A. 2B:12-28 will serve
to reimburse the Township for the cost of engaging the services of
one or more attorneys to perform the duties of Municipal Public Defender.
[1972 Code § 2-15.2]
The Township is authorized to provide for the defense of persons
charged with one or more offenses described in N.J.S.A. 2A:158A-5.2
by engaging as Municipal Public Defender one or more attorneys on
a part-time/per Court session basis. The Municipal Public Defender
shall furnish representation only in the Municipal Court and not in
connection with any appeal from proceedings in the Municipal Court.
[1972 Code § 2-15.3]
The position of Municipal Public Defender shall be independent
from all Departments and agencies of Township Government but for purposes
of budgeting and administration shall be allocated to the Department
of Law. The Municipal Public Defender shall be appointed by the Director
of Law, Department of Law, to serve for a one-year term.
[1972 Code § 2-15.5]
A report shall be made and submitted annually by the Court Administrator, on or before February 5th, on the operation of the Public Defender for the prior calendar year. The report shall include (a) the number of cases in which the Public Defender is appointed; (b) the cost of the Township for the services of the Public Defender; (c) the revenue received from fees collected pursuant to subsection 2-80.6; and (d) the recommendations with regard to the operation of the Municipal Public Defender System. Township Council will review the operation of the Public Defender System, on or before July 1st of every year, to determine whether to continue the system.
