[HISTORY: Adopted by the Township Committee of the Township
of West Deptford 11-15-2021 by Ord. No. 2021-26. Amendments noted where applicable.]
The West Deptford Joint Municipal Court shall be abolished as of December 1, 2021 at 12:00 a.m., and after due notice is given as set forth in § 38-2 below. All summonses and other appropriate matters issuing or arising from the Township of West Deptford and the Township of Mantua shall be processed in the Mantua Joint Municipal Court on and after December 1, 2021, including those matters arising prior to December 1, 2021, which remain pending.
Notice of repeal and abolishment of the West Deptford Joint
Municipal Court and the Mantua Joint Municipal Court, and the establishment
of the new Mantua Joint Municipal Court, shall be provided, in writing,
to the Administrative Offices of the Courts and the Assignment Judge
of Vicinage 15, and posted in the municipal buildings of the participating
municipalities in a location where public notices are normally posted.
The responsibility for the operation of the Mantua Joint Municipal
Court shall be set forth in a Shared Services Agreement, the "Agreement
for the Operation of a Joint Municipal Court" approved by resolutions
of the Township of West Deptford and the Township of Mantua.
Pursuant to the provisions of N.J.S.A. 2B:12-1 et seq., the
Mantua Joint Municipal Court, is hereby established.
The Mantua Joint Municipal Court shall have an Official Seal
which shall bear the impression of the name of the Court.
The territorial jurisdiction of the Mantua Joint Municipal Court
shall be coextensive with the territory of the Township of West Deptford
and the Township of Mantua, Gloucester County, New Jersey.
The purpose of this chapter is to establish a single Joint Municipal
Court to be located at 405 Main Street, Mantua, New Jersey.
In accordance with N.J.S.A. 2B:12-4, as amended, the Judge of
the Mantua Joint Municipal Court shall be appointed by the Governor
with the advice and consent of the Senate and shall have the qualifications
required by law and shall serve for a term of three years from the
date of his/her appointment and until his/her successor has been appointed
and has qualified. The compensation of the judge shall be an annual
salary as is now or hereinafter may be provided by ordinance and in
accordance with the terms of the agreement for the operation of a
Joint Municipal Court between the Township of West Deptford and the
Township of Mantua.
There shall be a Joint Municipal Court Administrator and Deputy
Joint Municipal Court Administrator who shall be appointed as provided
by this article and in accordance with the terms of the agreement
for the operation of a Joint Municipal Court between the Township
of West Deptford and Township of Mantua.
The Mantua Joint Municipal Court support staff shall be appointed
in accordance with the terms of the agreement for the operation of
a Joint Municipal Court between the Township of West Deptford and
Township of Mantua.
The Joint Municipal Court Prosecutor shall be appointed in accordance
with the terms of the agreement for the operation of a Joint Municipal
Court between the Township of West Deptford and Township of Mantua.
The Joint Municipal Court Prosecutor shall have the jurisdiction,
powers and duties prescribed by N.J.S.A. 2B:25-1 et seq.
A.
Appointment. The Joint Municipal Court Public Defender shall be appointed
in accordance with the terms of the agreement for the operation of
a Joint Municipal Court between the Township of West Deptford and
Township of Mantua. The Joint Municipal Court Public Defender shall
have the jurisdiction, powers and duties prescribed by N.J.S.A. 2B:24.1
et seq.
B.
Representation. Any person applying to the Mantua 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, but only in an amount determined by the Joint Municipal Court
Judge, necessary to pay the costs of municipal public defender services.
The Joint Municipal Court Judge may waive said application 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 the applicable provisions under law.
C.
Alternate method of collection. If the payment of the fee is deferred
by the Joint Municipal Court Judge or the fee is otherwise unpaid,
then the participating municipalities may endeavor to collect the
fee in the manner provided in N.J.S.A. 40:6A-1 and N.J.S.A. 2A:158A-19.
Collection of such fees by a third party shall be authorized by both
West Deptford and Mantua.
The Township Committee of the Township of West Deptford hereby
approves of the terms and conditions of the shared services agreement
between the participating municipalities to establish the "Mantua
Joint Municipal Court," such agreement attached hereto and incorporated
herein by reference. The Township Committee and the Clerk of the Township
of West Deptford are hereby expressly authorized to execute and deliver
the aforesaid agreement on behalf of the Township.
This chapter shall be effective upon the last to occur of the
following:
A.
Its adoption and publication in accordance with law;
B.
The approval of the Mantua Joint Municipal Court by the Administrative
Office of the Courts and the Presiding Judge of the Superior Court
Vicinage 15;
C.
An ordinance duly authorized and passed by the governing body of
the Township of Mantua authorizing the establishment of the Mantua
Joint Municipal Court; and
D.
The approval by resolution by Township of West Deptford and Township
of Mantua of an agreement for the operation of the Mantua Joint Municipal
Court.
