[1973 Code § 13-1; Ord. No. 8-12-81; Ord. No. 10-28-81]
Pursuant to N.J.S.A. and the amendments thereof and the supplements thereto, there is created in the Town of Kearny, County of Hudson, a Municipal Court, with all the powers, rights, duties and privileges thereto pertaining.
[1973 Code § 13-3]
a. 
Appointment; Compensation. The Court shall be presiding over by the Judge of the Municipal Court. The Judge of the Municipal Court and other personnel shall be appointed by the Mayor and Council as provided in the Act, and the compensation of the Judge shall be as established in the Annual Salary Ordinance.
[1973 Code §§ 13-10; 13-11]
a. 
Creation. The position of Court Administrator in the Town of Kearny is hereby created.
b. 
Duties; Qualifications; Salary. The following is a list of the duties, typical tasks, minimum qualifications and salary range of the position:
1. 
Duties. Under direction, in a Municipal Court, the Court Administrator shall supervise and/or perform the specialized clerical work requiring thorough knowledge of the laws, ordinances, rules, regulations and procedures relating to the operations of the Municipal Court; he may also serve as the Violations Clerk; and he shall do related work as required.
2. 
Typical Tasks. The Court Administrator shall analyze all facts and circumstances to determine whether any laws or ordinances within the jurisdiction of the Municipal Court have been violated and determine whether a formal complaint should be entertained; draft and prepare all complaints and take all oaths thereunder; attest to Court writs, processes, commitments, search warrants, bench warrants and subpoenas; prepare the Court calendar, arrange for Court sessions; assist the Judge of the Municipal Court in arraignment of defendants; call and swear witnesses at trials of cases; receive and disburse bail, fines, costs and other moneys paid into Court and account therefor; maintain and/or supervise the filing of complaints, processes and other Court records, cash books, Court dockets, traffic control sheets, statistical records, reports and files; supervise and direct the disposition of correspondence; superintend the physical condition of the Court premises and maintain decorum therein; if serving as the Violations Clerk, supervise and/or perform all relevant duties and related tasks; prepare correspondence; when applicable, give suitable assignments and instructions to assigned employees; and supervise and/or perform the work involved in the establishment and maintenance of relevant records and files.
3. 
Minimum Qualifications.
(a) 
Graduation from high school or vocational high school or possession of an approved high-school-equivalent certificate.
(b) 
Two years of experience in clerical work.
(c) 
Thorough knowledge of the laws, ordinances, rules, regulations and procedures relating to the operations of the Municipal Court; of Court proceedings, including the taking of minutes of trials and entering them in dockets; of the form and use of trial calendars, writs, decisions, orders, rules and other matters pertaining to the Court; of the making of entries in ledgers and disbursement journals; of the preparation of clear, sound, accurate and informative reports and of the establishment and maintenance of needed records and files.
(d) 
Ability to analyze and interpret the laws, ordinances, rules, regulations and procedures relating to the operation of the Municipal Court; to give suitable assignments and instructions to others and supervise their work; to attend Court and take minutes of the trials and enter them in the docket; to prepare and supervise the preparation of correspondence; to dispense information relating to Court matters; to prepare trial calendars, make out return cards and to sign letters, checks, writs, decisions, orders, rules and other matters pertaining to the Court; to maintain financial records; to obtain, store, record, distribute and supervise the use of needed equipment, materials and supplies; to prepare clear, sound, accurate and informative reports and to establish and maintain records and files.
(e) 
Good health and freedom from disabling physical and mental defects which would impair the proper performance of the required duties or which might endanger the health and safety of oneself or others.
4. 
Salary. The Court Administrator shall receive an annual salary as set forth in the annual Salary Ordinance.
[1972 Code § 13-5]
The position of Municipal Court Prosecutor for the Town of Kearny is hereby created.
[1973 Code § 13-6; Ord. No. 2-23-83; Ord. No. 1997-8 § 1]
The Municipal Court Prosecutor shall be appointed by resolution of the Governing Body of the Town of Kearny, in accordance with N.J.S.A. 2B:12-27, for a term of one year beginning on January 1, and until his or her successor is appointed and qualified.
[1973 Code § 13-7]
The Municipal Court Prosecutor shall prosecute, on behalf of the State or the Town of Kearny, as the case may be, in the Municipal Court of the Town of Kearny, defendants charged with violations of the laws of the State of New Jersey or ordinances of the Town of Kearny whom the Judge of the Municipal Court of the Town of Kearny requests or directs that he so prosecute. The Municipal Court Prosecutor shall also represent the State or the Town of Kearny, as the case may be, in appeals by defendants convicted in the Municipal Court of the Town of Kearny of violations of Town ordinances, and shall perform such other duties on behalf of the State or the Town as provided by law or the rules governing the courts of the State of New Jersey.
[1973 Code § 13-8]
The Municipal Court Prosecutor shall be a resident and attorney-at-law of the State of New Jersey.
[1973 Code § 13-9; Ord. No. 12-14-77; Ord. No. 8-12-81; Ord. No. 10-28-81]
The salary of the Municipal Court Prosecutor shall be as established in the annual Salary Ordinance, together with such reasonable compensation as shall be authorized by the Mayor and Council.
[1973 Code § 13-12; Ord. No. 3-27-74]
The position of Municipal Public Defender for the Town of Kearny is hereby created.
[1973 Code § 13-13; Ord. No. 2-23-83]
The Municipal Public Defender shall be appointed by resolution of the Governing Body for a term of one year, beginning January 1 and until his successor is appointed and qualified.
[1973 Code § 13-14]
The Municipal Public Defender shall defend individuals charged with nonindictable offenses when assigned to do so by the Judge of the Municipal Court, and shall perform such other duties on behalf of the defendants as provided by law and the rules governing the courts of the State of New Jersey.
[1973 Code § 13-15]
The Municipal Public Defender shall be a resident and attorney-at-law of the State of New Jersey.
[1973 Code § 13-16]
The Municipal Public Defender shall receive such annual salary set forth in the Salary Ordinance of the Town of Kearny, to be paid in the same manner as the salaries of other municipal employees are paid.
[1973 Code § 13-17; Ord. No. 2-22-94; Ord. No. 2006-(O)-60 § 4]
Any person who shall apply for the services of the Municipal Public Defender shall be obligated to pay the sum of not more than $200 as an application fee. This fee may be waived in whole or in part in the discretion of the Judge of the Municipal Court in accordance with applicable guidelines.