Township of Montague, NJ Chapter 5 Municipal Court

[HISTORY: Adopted by the Township Committee of the Township of Montague 2-10-70. Amended at time of adoption of Code. Further amended 9-14-76 by Ord. No. 76-15; 12-27-83 by Ord. No. 83-22; 3-10-98 by Ord. No. 98-02A. Amended in its entirety 11-13-07 by Ord. No. 2007-14. Amended in entirety 11-27-18 by Ord. No. 2018-10. Subsequent amendments noted where applicable.]

§ 5-1 Municipal Court of Frankford, Lafayette, Sandyston, Montague and Walpack Established.

The Mayor and Township Clerk are hereby authorized to execute an Agreement establishing a Joint Municipal Court known as "The Municipal Court of Frankford, Lafayette, Sandyston and Montague and Walpack" pursuant to the authority granted to the municipality by N.J.S.A. 2B:12-1 et seq. The Agreement is attached hereto as Exhibit A, and its terms and conditions are incorporated herein by reference, as though set forth at length.

§ 5-2 Effective Date.

This Ordinance No. 2018-10 will be effective upon the adoption of reciprocal ordinances by the governing bodies of all participating municipalities, the Township of Frankford, the Township of Lafayette, the Township of Sandyston, the Township of Montague and the Township of Walpack.

§ 5-3 Abolition of prior Municipal Court.

On the effective date of this Ordinance No. 2018-10, (as above provided) the Joint Municipal Court heretofore existing and known as The Municipal Court of Frankford, Lafayette, Branchville, Sandyston and Montague/Walpack shall be abolished and its function, powers and duties, records, property and pending cases shall be transferred to the new Joint Municipal Court established herein.

§ 5-4 Exhibit A: Agreement for Intermunicipal Court.

AGREEMENT FOR INTERMUNICIPAL COURT FOR THE MUNICIPALITIES OF FRANKFORD TOWNSHIP, LAFAYETTE TOWNSHIP, SANDYSTON TOWNSHIP, MONTAGUE TOWNSHIP AND WALPACK TOWNSHIP

THIS AGREEMENT, made this 1st day of January 2019.

BY AND BETWEEN: TOWNSHIP OF FRANKFORD, a Municipal Corporation of the State of New Jersey, located in Sussex County, New Jersey (hereinafter called "Frankford"), with an address of 151 State Highway 206, Augusta, New Jersey, 07822; TOWNSHIP OF LAFAYETTE, a Municipal Corporation of the State of New Jersey, located in Sussex County, New Jersey (hereinafter called "Lafayette"), with an address of 33 Morris Farm Road, Lafayette, New Jersey, 07848; TOWNSHIP OF SANDYSTON, a Municipal Corporation of the State of New Jersey, located in Sussex County, New Jersey (hereinafter called "Sandyston"), with an address of 133 Route 645, Sandyston, New Jersey, 07826; TOWNSHIP OF MONTAGUE, a Municipal Corporation of the State of New Jersey, located in Sussex County, New Jersey (hereinafter called "Montague"), with an address of 277 Clove Road, Montague, New Jersey, 07827; and TOWNSHIP OF WALPACK, a Municipal Corporation of the State of New Jersey, located in Sussex County, New Jersey (hereinafter called "Walpack"), with an address of 16 Old Mine Road, Walpack, New Jersey, 07881; and,

WHEREAS, Frankford, Lafayette, Branchville, Sandyston and Montague/Walpack currently maintain a Joint Municipal Court for those six municipalities, which Municipal Court is known as "The Municipal Court of Frankford, Lafayette, Branchville, Sandyston and Montague/Walpack"; and

WHEREAS, N.J.S.A. 2B:12-1 authorizes the formation of a Joint Municipal Court provided that an Agreement is entered into by all of the participating municipalities and provided that such Agreement is filed with the Administrative Director of Courts.

NOW, THEREFORE, the Township of Frankford, the Township of Lafayette, the Township of Montague, the Township of Sandyston and the Township of Walpack agree as follows:

1. Frankford, Lafayette, Sandyston, Montague and Walpack agree to the formation, establishment and administration of a Joint Municipal Court to serve those five municipalities, pursuant to N.J.S.A. 2B-12-1 et seq.

2. The Municipal Court to be established pursuant to this Agreement will be known as "Municipal Court of Frankford, Lafayette, Sandyston, Montague and Walpack."

3. The Municipal Court of Frankford, Lafayette, Sandyston, Montague and Walpack further agree to provide Court services for and on behalf of Walpack Township.

4. The Municipal Court of Frankford, Lafayette, Sandyston, Montague and Walpack will have a seal bearing the name of the Court.

5. The Court will have such jurisdiction as is now, or will hereafter be confirmed upon it by the Laws and Court Rules of the State of New Jersey, and the practice and procedure of the Court shall be governed by the Laws in such case made and provided in such Rules as the Supreme Court will promulgate and make applicable to the Court.

6. The Municipal Court will have one Judge who will be known as the Judge of the Municipal Court of Frankford, Lafayette, Sandyston, Montague and Walpack. The Judge will be nominated and appointed as provided by N.J.S.A. 2B:12-4. The Judge shall be an employee of the Township of Frankford, and the Judge's salary, benefits and other expenses shall be billed by the Township of Frankford and equally divided among the Townships of Frankford, Lafayette, Sandyston and Montague on a quarterly basis. The Judge's salary shall be established by the Township of Frankford, provided that any salary increase that would exceed 2% shall require the approval of all participating municipalities.

7. The Municipal Court will have one Court Administrator and such other necessary clerical or other assistants as agreed upon by the participating municipalities or as required by the Administrative Office of the Courts. The Court Administrator and all other Court personnel shall be employees of the Township of Frankford and their salaries, benefits and other expenses shall be billed by the Township of Frankford and equally divided among the Townships of Frankford, Lafayette, Sandyston and Montague on a quarterly basis. The salaries of Court personnel shall be established by the Township of Frankford, provided that any salary increase that would exceed 2% shall require the approval of all participating municipalities.

8. The Municipal Court will be located at the Municipal Building for the Township of Frankford. The Township of Frankford will make available for the Court, the courtroom and offices for the personnel of the Court. In consideration for Frankford Township's contribution of the Court Facility, rent at the flat rate of $20,000.00 per year, equally divided among the Townships of Frankford, Lafayette, Sandyston and Montague, shall be paid to the Township of Frankford for all portions of the Frankford Township Municipal Building that are used exclusively and non-exclusively by Court personnel for the administration of the Court. At the time of the execution of this Agreement, these areas include the office of the Court Administrator, Chambers of the Judge, conference room, courtroom, together with all common areas and the parking lot utilized when the Court is in session.

9. The Court Facility is presently in compliance with all mandates of the Administrative Office of the Courts. In the event any further improvements are mandated during the term of this Agreement, all participating municipalities will share equally in the cost of complying with any such mandates.

10. To the extent that any revenue cost or fine received by the Municipal Court is recoverable by a municipality (for example, but not by way of limitation, fines for violations of municipal ordinances), such revenue cost or fine shall be the property of, and allocated and delivered to the individual municipality in which the violation, warrant, complaint or ticket was issued; provided however, that any revenue recoverable by the Township of Walpack shall be retained by the Municipal Court in lieu of any additional monetary obligation, and in full compensation for the Court services provided to the Township of Walpack by the Township of Frankford under this Agreement.

11. Frankford Township shall maintain all required insurances with respect to the operation of the Court and the Frankford Township Municipal Building, wherein the Court is to be operated. Lafayette, Sandyston, Montague and Walpack Townships agree to notify their general liability insurance carriers that they will be maintaining a Joint Court at the Frankford Township Municipal Building, and each Township shall be responsible, to the extent required by their individual insurers, to obtain any additional insurance and/or endorsements from their respective insurers with respect to the Court and/or its operations.

12. The Court will have a Prosecutor and Assistant Prosecutor, and any required substitute prosecutors as may be required by the rules and regulations of the Administrative Office of the Courts. The Prosecutor and Assistant Prosecutor shall be appointed by the Township of Frankford, who will be known as the "Prosecutor and Assistant Prosecutor of the Municipal Court of Frankford, Lafayette, Sandyston, Montague and Walpack". The Prosecutor and Assistant Prosecutor will receive compensation as authorized by a professional services contract, and as approved by Frankford Township upon appointment. The Prosecutor and Assistant Prosecutor will serve for such term fixed by said professional services contract.

13. A Municipal Court Committee will be created and operated to act as a liaison between Court personnel and representatives of the governing body of each participating municipality. Each participating municipality agrees to designate one member of their governing body to serve on the Municipal Court Committee, which Committee will meet from time to time to assure that there is cooperation between the municipalities and communication of all matters relating to the Municipal Court.

14. Any of the participating municipalities may withdraw from the Joint Court created herein upon a minimum of six months' written notice to all other participating municipalities, and no such withdrawal may be effective until December 31 of the same calendar year. In addition, any such withdrawal shall be subject to approval by the Administrative Office of the Courts, and shall become effective upon the date so approved. All Court files of the withdrawing municipality shall be retained, maintained and/or disposed by the Joint Court, in accordance with the applicable rules and regulations. Any matters pending in the Joint Court as of the effective date of withdrawal that emanated from the withdrawing municipality shall be concluded in the Joint Court with any fines or costs payable to the withdrawing municipality being retained by the Joint Court in compensation for concluding the adjudication of each such pending matter.

15. Pursuant to N.J.S.A. 2B:9-1, the municipalities of Frankford, Lafayette, Branchville, Sandyston, Montague and Walpack agree that the Municipal Court formerly known as the "Municipal Court of Frankford, Lafayette, Branchville, Sandyston and Montague/Walpack" is abolished and that all Agreements between the aforesaid municipalities relating to the Municipal Court of Frankford, Lafayette, Branchville, Sandyston and Montague/Walpack are hereby rescinded and of no force or effect.

16. This Agreement will become effective only after ordinances authorizing the execution of this Agreement and establishment of the Municipal Court have been passed by the governing bodies of each of the five municipalities. Upon passage of the ordinances and full execution of this Agreement, this Agreement will be filed with the Administrative Director of Courts.