[HISTORY: Adopted by the Township Committee
of the Township of Woolwich 9-30-2019 by Ord. No. 2019-16.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 12,
Court, which consisted of Art. I, Municipal Court, adopted 5-21-1973
by Ord. No. 73-3, as amended; and Art. II, Public Defender, adopted
2-7-1994 by Ord. No. 94-1, as amended.
A Joint Municipal Court is hereby established, pursuant to the
provisions of N.J.S.A. 2B:12-1, et seq., as amended and supplemented,
consisting of the Township of Woolwich; Township of South Harrison;
and the Borough of Swedesboro. The Joint Municipal Court is created
in accordance with a certain agreement whereby the court is to be
hereinafter known as the Woolwich Joint Municipal Court.
The name of the Joint Municipal Court shall be the "Woolwich
Joint Municipal Court."
This chapter shall be effective on or about 12:00 a.m. on October 1, 2019, following due notice as provided in accordance with § 12-4 hereof. All summonses, warrants and other matters issuing, arising from or within the jurisdiction of the Township of Woolwich and the other Participating Municipalities shall be within the jurisdiction of the Woolwich Joint Municipal Court of the Township of Woolwich on and after the aforesaid October 1, 2019, including those matters arising prior to such date which have not theretofore been completed.
Written notice of the appeal and abolishment of the Municipal
Court of the Township of Woolwich, and the establishment of the Woolwich
Joint Municipal Court, shall be provided to the Administrative Office
of the Courts and the Assignment Judge of the Vicinage, and posted
in the municipal buildings of each participating municipality at a
location where public notices are routinely posted.
The purpose of this chapter is to establish a single Joint Municipal
Court to be located in the Township of Woolwich 120 Village Green
Drive, Woolwich Township, New Jersey 08085.
The Township Committee of the Township of Woolwich hereby approves
of the terms and conditions of the Shared Service Agreement between
the participating municipalities to establish the "Woolwich Joint
Municipal Court", such Agreement attached hereto and incorporated
herein by reference.[1] The Mayor and Clerk of the Township of Woolwich are hereby
expressly authorized to execute and deliver the aforesaid agreement
on behalf of the Township.
[1]
Editor's Note: Said agreement in on file in Township
offices.
Under and pursuant to the provisions of N.J.S.A. 2B:12-1, et
seq., a Joint Municipal Court to be known as the "Woolwich Joint Municipal
Court" is hereby established.
The Joint Municipal Court of the Township of Woolwich shall
have an official seal bearing the impression of the name of the Court.
The jurisdiction of the Woolwich Joint Municipal Court of the
Township of Woolwich shall be coextensive with the Municipal territory
of the participating municipalities and the Township of Woolwich.
In accordance with N.J.S.A. 2B:12-4, as amended, the Judge of
the Joint Municipal Court of the Township Woolwich be appointed by
the Governor with the advice and consent of the Senate, and shall
have such qualifications as is now or may be required by law and shall
serve for a term of three years from the date of appointment until
a qualified successor has been appointed and qualified. Compensation
of the Judge shall be at an annual salary and other compensation as
is now or hereinafter may be provided by ordinance and in accordance
with the terms of the aforesaid shared service agreement.
The appointment of a Joint Municipal Court Administrator and
such number of Deputy Court Administrators shall be appointed as provided
consistent with this chapter and in accordance with the terms of the
aforesaid shared service agreement between the participating municipalities.
The Woolwich Joint Municipal Court staff shall be appointed
in a manner consistent with this chapter and in accordance with the
terms of the aforesaid shared service agreement.
Such number of Joint Municipal Court Prosecutors shall be appointed
in the manner provided by this chapter and in accordance with the
terms of the aforesaid shared service agreement with a Joint Municipal
Court Prosecutor to have such jurisdiction, powers and duties as prescribed
by N.J.S.A. 2B:25-1, et seq.
A.
Appointment. The Joint Municipal Court Public Defender shall be appointed
in a manner consistent with the terms of this chapter and in accordance
with the terms of the aforesaid shared service agreement, and shall
have such jurisdiction, powers and duties as prescribed by N.J.S.A.
2B:24-1, et seq.
B.
Representation. Any person applying to the Woolwich Joint Municipal
Court for representation by a Municipal Public Defender shall, in
accordance with the provisions of N.J.S.A. 2B:24-17, pay an application
fee of not more than $200, but only in such amount determined by the
Woolwich Joint Municipal Court Judge which is necessary to pay the
necessary costs of Municipal Public Defender's services. The
Joint Municipal Court Judge may waive the application of such fee
in whole, or in part, if the Court determines, in its discretion,
that the application fee represents an unreasonable burden on the
person seeking representation. Said determination shall be made in
accordance with applicable law and the rules of court.
C.
Alternate method of collection. If payment of Municipal Public Defender
fees is deferred by the Joint Municipal Court Judge, or if the fee
is otherwise unpaid, then each of the participating municipalities
may endeavor to collect the fee in a manner authorized by N.J.S.A.
40:6A-1 and N.J.S.A. 2A:158A-19.
All ordinances or parts of ordinances inconsistent with the
provisions of this chapter are hereby repealed to the extent of such
inconsistency.
If any provision of this chapter or the application of this
chapter to any person, entity or circumstances is held invalid by
any court of jurisdiction, the remainder of such provisions of this
chapter not so deemed invalid shall remain in full force and effect.
This chapter shall only be effective upon the last of the following
to occur:
