[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 §§ 13-10; 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.