[1980 Code § 15-1; New]
In accordance with the provisions of N.J.S.A. 2B:12-1 et seq.,
there shall be established in the Borough of Roselle Park, Union County,
New Jersey, a Municipal Court which shall be known as the "Municipal
Court of the Borough of Roselle Park."
[1980 Code § 15-2]
The Municipal Court shall be invested with all of the powers
conferred by the statutes of the State of New Jersey and the ordinances
of the Borough of Roselle Park.
[1980 Code § 15-3]
There shall be appointed a Judge who shall be the Judge of the
Municipal Court of the Borough of Roselle Park.
[1980 Code § 15-4]
The Judge shall serve for a term of three (3) years from the
date of appointment and until a successor is appointed and qualifies.
A vacancy in the position of Judge of the Municipal Court occurring
for reasons other than the expiration of the three (3) year term shall
be filled for the unexpired portion of the term only.
[1980 Code § 15-5]
The compensation of the Judge of the Municipal Court of the
Borough of Roselle Park shall be as provided in the Salary Ordinance
of the Borough of Roselle Park, shall be payable in biweekly installments
and shall be in lieu of all fees.
[1980 Code § 15-6]
Pursuant to N.J.S.A. 2B:25-1 et seq., there is hereby established
the office of Municipal Court Prosecutor. The Municipal Court Prosecutor
shall be appointed by the Borough Council for a term of one (1) year.
Vacancies in the office occurring for reasons other than the expiration
of the one (1) year term shall be filled for the unexpired portion
of the term only. The Municipal Court Prosecutor shall not be required
to be a resident of the Borough of Roselle Park.
[New]
The Municipal Court Prosecutor shall be a duly licensed attorney-at-law
of the State of New Jersey.
[1980 Code § 15-7]
The Municipal Court Prosecutor shall appear in the Municipal
Court of the Borough of Roselle Park on behalf of the State of New
Jersey or the Borough of Roselle Park in any criminal or quasi-criminal
matter upon the request of the Judge. He shall also appear before
the Council upon its request to prosecute the violation of any of
the provisions of the Alcoholic Beverage Law of the State of New Jersey
which may be within its jurisdiction.
[1980 Code § 15-8]
The salary and compensation of the Municipal Court Prosecutor
shall be as provided in the Salary Ordinance of the Borough of Roselle
Park and shall be in lieu, place and stead of all other salaries and
fees.
[New]
There is hereby established the office of Public Defender within
the Borough.
[New]
The Public Defender shall be an attorney-at-law of the State
of New Jersey in good standing.
[New]
The Mayor shall nominate, with the advice and consent of the
Council, and appoint a Public Defender, including the filling of a
vacancy in the office which shall be for the unexpired term only.
[New]
The term of office of the Public Defender shall be for one (1)
year, commencing on January 1, and terminating on December 31 of the
same year, and the individual shall serve until a successor shall
have been appointed and qualified.
[New]
The duties of the Public Defender shall be to defend all cases
brought against indigent defendants in the Municipal Court of the
Borough alleging violation of the criminal laws of the State of New
Jersey and the motor vehicle Statutes of the State of New Jersey whenever
such defendants are entitled to representation by law or whatever
such representation is deemed necessary or desirable in the interest
of justice and in the discretion of the Judge of the Municipal Court.
[New]
As used in this section:
The definition of "indigent" shall be the same as utilized
by the Office of the Public Defender of the State of New Jersey for
those cases handled by the Monmouth County office thereof.
[New]
The salary of the Public Defender shall be as established in
the Salary Ordinance.
[1980 Code § 15-9]
There shall be appointed a Municipal Court Administrator of
the Borough of Roselle Park; and within the discretion of the Mayor
and Council, as they may deem necessary, they may also appoint a Deputy
Municipal Court Administrator.
[1980 Code § 15-10]
The Court Administrator shall serve for a term of one (1) year
from the date of appointment and until a successor is appointed and
qualified. A vacancy in the office of Municipal Court Administrator
and Deputy Municipal Court Administrator occurring for reasons other
than the expiration of the one (1) year term shall be filled for the
unexpired portion of the term only.
[1980 Code § 15-11]
The compensation of the Municipal Court Administrator of Roselle
Park and the Deputy Municipal Court Administrator shall be as provided
in a Salary Ordinance of the Borough of Roselle Park and shall be
payable in biweekly installments and shall be in lieu of all fees.
[1980 Code § 15-16]
Whereas, the Legislature of the State of New Jersey, with approval
of the Governor, enacts laws that establish surcharges or costs or
that cause an increase to existing fines, surcharges or costs, which
are then added or appended to all State-wide traffic and traffic-related
violations, including municipal local traffic violations, the following
is adopted:
a.
The Municipal Court of the Borough of Roselle Park shall be authorized and empowered to make such changes to the Local Violations Bureau Traffic Schedule, to effect fines and/or court costs, as may be applicable, to achieve modification of same, equal to that which any legislation enacted by the State of New Jersey, affecting the local traffic violation ordinance, or to any local traffic violation ordinance which may be adopted and/or added to the Local Traffic Violation Schedule in the future, without the necessity of a resolution or ordinance by the Governing Body, except for as provided in Subsection b.
b.
Any increase to fine or court costs shall be as set forth in Subsection a above, and shall be limited to an amount not to exceed one hundred ($100) dollars for each individual violation enumerated in the Local Traffic Violations Schedule, unless otherwise provided by law. Any such modification mentioned herein shall not take effect unless there is first approval by the Assignment Judge of the Superior Court of New Jersey, Union Vicinage.
[1980 Code § 15-17]
This section also includes by way of reference and for memorialization,
Municipal Resolution No. 85-04, passed by Council and signed by the
Mayor on June 17, 2004, reflecting the changes to the Local Traffic
Violation which came into effect on June 30, 2004, with approval and
under the order of the Assignment Judge of the Superior Court of New
Jersey, Union Vicinage, the Honorable Walter R. Barisonek, A.J.S.C.
[1980 Code § 15-18]
All local ordinances and parts of local ordinances relating
to the Local Violations Bureau and the local traffic violation costs
and penalties created under the authority of N.J.S.A. 39:4-197 or
by such related statutes which have been provided for by the Legislature
of the State of New Jersey, which may be inconsistent with the terms
hereof are repealed to the extent of such inconsistency.
