[2002 Code § 2.28.010]
A Municipal Court for the Borough is established and continued,
with the powers and duties as specified in N.J.S.A. 2B:12-1 et seq.
The name of the Municipal Court shall be the "Municipal Court of the
Borough of Fair Haven."
[2002 Code § 2.28.020]
There shall be a Judge of the Municipal Court, who shall be
appointed by the Mayor and Council and who shall serve for a term
as specified in N.J.S.A. 2B:12-4.
[2002 Code § 2.28.030]
The Judge of the Municipal Court shall receive an annual salary
as designated in the salary ordinance.
[2002 Code § 2.28.040; Ord. No.
2015-08]
There shall be an Administrator of the Municipal Court who shall
be appointed by the Mayor and Council, and who shall serve without
term at the pleasure of the Borough Council, subject to the tenure
provision of N.J.S.A. 2A:8-13.1. In the alternative, if the Municipal
Court is being administered under an Interlocal Services Agreement,
the Administrator of the Municipal Court shall be appointed pursuant
to the provisions of the Interlocal Services Agreement governing same.
The Municipal Court Administrator shall hold a Municipal Court Administrator
Certificate as required by N.J.S.A. 2B:12-11. The Municipal Court
Administrator shall receive an annual salary, as specified in the
salary ordinance. The Municipal Court Administrator shall perform
such functions and duties as shall be prescribed by law, the rules
applicable to Municipal Courts, and by the Judge of the Municipal
Court.
[2002 Code § 2.16.010]
There is established the position of Public Defender for the
Borough, which position shall be filled by the appointment of the
Mayor with the advice and consent of the Borough Council, to represent
persons as directed by the Judge of the Municipal Court. The term
of office of the Public Defender shall be one year, commencing January
1 of the calendar year and concluding December 31 of the same year.
[2002 Code § 2.16.020]
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 per
case basis when hired to represent indigent defendants.
[2002 Code § 2.16.030]
a.
In order to obtain the services of the Public Defender, application
must be made to the Municipal Court. The Judge of the Municipal Court
shall make a decision as to whether a defendant is indigent after
reviewing the defendant's application. The determination shall be
based upon whether the defendant has the financial ability to secure
competent legal representation and to provide all necessary expenses
of representation.
b.
The Judge of the Municipal Court shall assess a fee of up to $200 from each defendant who requires the services of the Public Defender. The Judge of the Municipal Court may waive this fee in whole or in part if the Judge determines that the fee represents an unreasonable burden on the defendant. The defendant's inability to pay the fee shall in no way affect or reduce the rendering of services to him/her. (Fee restated in subsection 2-56.1, Fee Schedule.)
[2002 Code § 2.16.040; Ord. No.
2008-3 § II]
Reimbursement to the Public Defender shall be fixed at $150 per case assigned by the Judge of the Municipal Court where a fee has been assessed. (Fee restated in subsection 2-56.1, Fee Schedule.)
