[1972 Code § 16-1]
The Municipal Court of the Borough of Watchung is established
pursuant to N.J.S.A. 2B:12-1 et seq., in such made and provided, with
all the functions, powers, duties, privileges and jurisdiction now
or hereafter conferred by law; and by New Jersey Court Rule 7:1 et
seq.
[1972 Code § 16-2]
The name of the Municipal Court shall be Municipal Court of
Watchung.
[1972 Code § 16-3]
The Municipal Court shall have a seal which shall bear the impress
of the name of the Court.
[1972 Code § 16-4]
There shall be a Judge of the Municipal Court, who shall be
appointed by the Mayor with the advice and consent of the Council,
and who shall serve for a term of three years from the date of his
appointment and until his successor is appointed and qualified.
[1972 Code § 16-5]
The Judge of the Municipal Court shall receive such annual salary
as shall be fixed and determined in the Salary Resolution, and such
compensation shall be in lieu of any and all other fees.
[1972 Code § 16-6]
There shall be an Administrator of the Municipal Court who shall
be appointed by the Mayor with the advice and consent of the Council,
and who shall serve for a term of one year from the date of appointment
and until a successor is appointed and qualified.
[Ord. No. 96/17 § 11]
The Administrator of the Municipal Court shall receive such
salary as is determined by resolution of the Mayor and Council, and
which salary shall be in lieu of all fees, costs and other allowances
for services as Court Administrator. The Administrator of the Municipal
Court shall perform such functions and duties as shall be prescribed
by law, the rules applicable to Municipal Courts, and by the Municipal
Judge. The Administrator of the Municipal Court shall report to the
Borough Administrator on all matters required to be reported upon
by a department head, including all policy, personnel and budgetary
matters, unless otherwise provided by law, and all liability claims
for personal or property damage, actual or potential, or acts that
may give rise to such claims.
[1972 Code § 16-8]
The Municipal Court shall be held in the Borough Courtroom.
The Judge of the Municipal Court shall sit at such times as the Judge
shall designate, subject to approval of the Administrative Director
of the Courts pursuant to New Jersey Court Rule 7:1 et seq., until
the calendar is completed and at such other times as the business
of the Court may require, subject to the rules applicable to municipal
courts.
[Ord. No. 97/18]
The Mayor, with the advice and consent of the Council, shall
appoint an attorney qualified to practice law in the State as Municipal
Public Defender, to hold office for a term of one year from the date
of his appointment and may continue to serve in office pending reappointment
or appointment of a successor.
[Ord. No. 97/18]
The Municipal Public Defender shall have such powers and perform
such duties as are provided for his office by general law or the ordinances
of the Borough of Watchung. It shall be the duty of the Municipal
Public Defender to represent any defendant charged with an offense
in Municipal Court who is an indigent municipal defendant entitled
to representation pursuant to law. The Municipal Public Defender shall
be responsible for handling all phases of the defense, including,
but not limited to discovery, pretrial and post trial hearings, motions,
removals to Federal District Court and other collateral functions
reasonably related to the defense. Post trial hearings shall not include
de novo appeals in the Superior Court of New Jersey.
[Ord. No. 97/18]
The Municipal Public Defender shall represent an indigent defendant
charged in Municipal Court with a crime as specified in N.J.S.A. 2B:12-18
or, if in the opinion of the Municipal Court Judge there is a likelihood
that the defendant, if convicted of any other offense, will be subject
to imprisonment or other consequence of magnitude.
[Ord. No. 97/18]
a.
Application; Determination of Indigency. In order to obtain the services
of the Municipal Public Defender, an application must be filed in
Municipal Court, on a form to be provided by the Borough. The Judge
of the Municipal Court shall make a decision as to whether a defendant
is indigent after reviewing each defendant's application. This 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.
Fee. The Judge of the Municipal Court shall assess an application
fee of not more than $200, but only in an amount necessary to pay
the costs of the Municipal Public Defender's services. However, the
Municipal Court Judge may waive this fee in whole or in part if the
Judge determines that this application fee represents an unreasonable
burden on said defendant.
c.
Unpaid Fee to Become Lien. In the case of a defendant who is unable
or unwilling to pay the application fee and for whom the fee was not
waived, the fee shall become a lien on any property to which the defendant
shall have or acquire an interest in. The lien shall be in an amount
equal to the reasonable value of the services rendered to a defendant.
The Borough shall effectuate the lien pursuant to applicable law.
[Ord. No. 97/18]
Compensation for the Municipal Public Defender shall be set
annually by the Mayor and Borough Council.
