[HISTORY: Adopted by the Mayor and Council of the Borough
of Woodstown 1-24-49 as Ord. 120. Amended in its entirety 12-29-94 by Ord. No. 479; amended in its entirety 12-30-97 by Ord.
No. 522; amended in its entirety 2-11-03 by Ord. No. 579; amended in its entirety 3-8-11
by Ord. No. 2011-5. Further amendments
noted where applicable.]
Be it ordained by the Borough Council of the Borough of Woodstown,
Salem County, New Jersey, that pursuant to the authority found in
N.J.S.A. 2B:12-1 et seq.:
An interlocal services agreement entitled "Agreement Between
the Borough of Woodstown, Mannington Township, Borough of Elmer, Quinton
Township and Oldmans Township to Establish the "Mid-Salem County Municipal
Court" hereafter referred to as "said Agreement" which agreement is
on file in the Office of the Municipal Clerk, Woodstown Municipal
Building, West Avenue, Woodstown, New Jersey, and available for public
inspection between 9:00 a.m. and 4:00 p.m., Monday through Friday,
is hereby authorized to be entered into by the Borough of Woodstown,
and the Mayor and Borough Clerk are authorized to sign same as evidence
of this authorization.
By this chapter and said Agreement, and by similar ordinances
adopted by the Township of Mannington, Borough of Elmer Township of
Quinton and Township of Oldmans, there is established a single Mid-Salem
County Municipal Court for the Borough of Woodstown, Mannington Township,
Borough of Elmer, Quinton Township and Oldmans Township entitled "The
Mid-Salem County Municipal Court" hereinafter referred to as "Mid-Salem
County Municipal Court." The jurisdiction of this Mid-Salem County
Municipal Court shall be coextensive with the territories of Mannington
Township, the Borough of Woodstown, the Borough of Elmer, Quinton
Township and Oldmans Township, in Salem County, New Jersey.
The Judge of the Mid-Salem County Municipal Court shall be nominated
and appointed by the Governor of the State of New Jersey, with the
advice and consent of the Senate of the State of New Jersey, and shall
serve for a term of three years from the date of appointment and until
a successor is appointed and qualified.
The Administrator, Deputy Administrator(s), Prosecutor, Public
Defender and all other personnel shall be appointed by mutual agreement
and duplicate resolutions by Mannington Township, hereinafter referred
to as "Mannington," the Borough of Woodstown, hereinafter referred
to as "Woodstown," the Borough of Elmer, hereinafter referred to as
"Elmer," Quinton Township, hereinafter referred to as "Quinton," and
Oldmans Township, hereinafter referred to as "Oldmans."
The Mid-Salem County Municipal Court shall become effective
and commence on April 1, 2011 and on that date the Mid-Salem County
Municipal Court heretofore existing for the Borough of Woodstown,
Mannington Township, Borough of Elmer and Township of Quinton and
the Municipal Court for the Township of Oldmans shall be abolished
and their functions, power and duties, records, and pending cases
shall be transferred to the Mid-Salem County Municipal Court established
pursuant to this chapter and by a similar ordinance adopted by the
Township of Mannington, the Borough of Elmer, the Township of Quinton
and the Township of Oldmans and by agreement between them.
Woodstown shall furnish all facilities, such as courtroom, Judge's
chamber, Administrator's office, Violations Bureau, recording
equipment, phones, computers, filing cabinets and furniture for the
proper administration of justice in the Mid-Salem County Municipal
Court.
Mid-Salem County Municipal Court Committee shall be formed consisting
of one representative appointed by Woodstown, one representative appointed
by Mannington, one representative appointed by Elmer and one representative
appointed by Quinton, and one representative appointed by Oldmans.
This Mid-Salem County Municipal Court Committee shall establish the
times and place when the Mid-Salem County Municipal Court shall be
convened and determine such other details regarding the administration
of the Court that do not require action by the governing bodies.
Compensation for the Judge, Administrator, Deputy Administrator,
Prosecutor and all other personnel for the Mid-Salem County Municipal
Court shall be fixed by mutual agreement and duplicate ordinances
adopted by Woodstown, Mannington, Elmer, Quinton and Oldmans. The
expenses for the operation of the Mid-Salem County Municipal Court
shall be approved by Woodstown, Mannington, Elmer, Quinton and Oldmans.
Woodstown shall make payment of said compensation and expenses and
shall be reimbursed by Mannington, Elmer, Quinton and Oldmans for
their share of same, upon presentation of monthly vouchers addressed
to Mannington, Elmer, Quinton and Oldmans from Woodstown. A Joint
Municipal Public Defender shall be appointed to defend all cases for
which assigned counsel is required. Total expenditures for compensation
and expenses for each year shall be joint by the municipalities with
Woodstown paying 20%, Mannington paying 19%, Elmer paying 29%, Quinton
paying 12% and Oldmans paying 20%. In addition to this allocation
of expenses, Mannington, Elmer, Quinton and Oldmans shall each pay
to Woodstown a separate sum to be agreed from time to time for administration
and overhead expenses. This rate of sharing shall continue until and
unless changed by mutual agreement between the parties which may be
approved by mutual resolutions, and shall be reviewed annually.
All fines, costs, fees, penalties and forfeitures, including
forfeitures of bail, imposed by the Mid-Salem County Municipal Court,
and any other funds, which are distributed to local municipalities,
shall be paid over and forwarded to the Financial Officer for that
municipality in which the complaint, charge, events, acts or violation
arose which produced the particular fine, cost, fee, penalty, forfeiture
or other funds. Distribution of such monies shall be made on a monthly
basis directly to the respective municipalities along with a monthly
report. Each municipality shall receive a copy of the monthly reports.
Said Mid-Salem County Municipal Court shall continue indefinitely
on a year to year basis unless terminated by either the Township of
Mannington, the Borough of Woodstown, the Borough of Elmer, the Township
of Quinton or the Township of Oldmans adopting an ordinance prior
to September 1 withdrawing its municipality from said Mid-Salem County
Municipal Court effective December 31 of that same year and after
advance written notice to the other municipalities prior to September
1 for the termination on December 31 of that same year.
The provisions of this chapter may be subject to modification
from time to time and may be amended by the parties by mutual agreement,
including the adoption of duplicate resolutions, or ordinances when
necessary, by the respective municipalities.
All employees of the Mid-Salem County Municipal Court shall
receive an annual salary as set forth on the Annual Salary Ordinance
adopted for the Borough of Woodstown.