[Ord. No. 206]
A Municipal Court is hereby established in and for the Borough,
under and by virtue of the provisions of N.J.S.A. 2B:12-1, et seq.
[Ord. No. 206]
The name of the Court shall be the "Municipal Court of the Borough
of Sea Girt."
[Ord. No. 206]
The Court and the Judge thereof shall have and exercise the
limited civil and criminal jurisdiction prescribed by N.J.S.A. 2B:12-1,
et seq.
[Ord. No. 206]
The Municipal Court shall have a Judge who shall be known as
the Judge of the Municipal Court. The Judge of the Municipal Court
shall be appointed by the Mayor, with the advice and consent of the
Borough Council, and shall serve for a term of three years from the
date of his or her appointment and until his or her successor is appointed
and qualified. The person so appointed shall possess the qualifications
as set forth in N.J.S.A. 2B:12-7.
The compensation of the Judge of the Municipal Court shall be
as stated in the annual Salary Ordinance. (N.J.S.A. 40A:9-165)
[Ord. No. 2006; N.J.S.A.
2B:12-11; N.J.S.A. 40A:9-165]
The Mayor and Council of the Borough may, by ordinance or resolution,
provide for the appointment of the Court Administrator and other necessary
assistants, clerical or otherwise, for the Municipal Court. The compensation
of the Court Administrator or assistants shall be established in the
Salary Ordinance. The Municipal Court Administrator shall be certified
pursuant to N.J.S.A. 2B:12-11.
There is hereby created the office of Municipal Prosecutor.
The term of office for the Municipal Prosecutor shall be for one year
effective January 1 of each year and terminating December 31 of the
same year or until the appointment and qualification of his successor.
The Governing Body shall appoint the Prosecutor. The Municipal Prosecutor
shall be an attorney at law of the State of New Jersey and shall prosecute
on behalf of the State of New Jersey or the Borough any case to be
tried before the Municipal Court of the Borough of Sea Girt. The Municipal
Prosecutor shall also be responsible for any and all duties as may
be assigned to that office by N.J.S.A. 2B:25-1 et seq. (N.J.S.A. 2B:25-1
et seq.)
[Ord. No. 802 § 1]
There is created the office of Municipal Public Defender who
shall be appointed by the Mayor and Council.
[Ord. No. 802 § 1]
In accordance with the provisions of N.J.S.A. 2B:24-1 et seq.,
the Municipal Public Defender shall be qualified as an attorney-at-law
of the State of New Jersey in good standing and shall represent those
defendants appearing in Municipal Court who are determined by the
Court to be indigent and whose representation is assigned to the Public
Defender by the Court.
[Ord. No. 802 § 1]
The Municipal Public Defender shall be appointed for a term
of one year from the date of appointment and may continue to serve
in office pending reappointment or appointment of a successor.
[Ord. No. 802 § 1]
The Municipal Public Defender shall be compensated in the manner
established by ordinance.
[Ord. No. 802 § 1]
The Municipal Public Defender shall have all of the duties provided
by N.J.S.A. 2B:24-1 et seq. in the representation of indigent defendants
in proceedings over which the Sea Girt Municipal Court has jurisdiction.
[Ord. No. 802 § 1]
The Municipal Public Defender may represent private clients
in the Municipal Court and before Borough agencies, subject to the
Rules of Court Governing the Conduct of Lawyers, Judges and Court
Personnel.
[Ord. No. 802 § 1]
A person applying for representation by the Municipal Public
Defender shall pay an application fee of $200. In accordance with
N.J.S.A. 2B:24-17 and with guidelines promulgated by the Supreme Court,
the Municipal Court may waive any required application fee, in whole
or in part, only if the Court determines, in its discretion, upon
a clear and convincing showing by the applicant that the application
fee represents an unreasonable burden on the person seeking representation.
The Municipal Court may permit a person to pay the application fee
over a specific period of time not to exceed four months.
[Ord. No. 802 § 1]
a.
Eligibility for services of the Municipal Public Defender shall be
determined by the Municipal Court on the basis of the need of the
defendant. Need shall be measured as provided by law and in accordance
with guidelines promulgated by the New Jersey Supreme Court. In the
event that a determination of eligibility cannot be made before the
time when the first services are to be rendered, or if an initial
determination is found to be erroneous, the Municipal Court shall
refer the defendant to the Municipal Public Defender provisionally,
and if subsequently it is determined that the defendant is ineligible,
the Municipal Court shall inform the defendant, and the defendant
shall be obliged to engage his own counsel and to reimburse the Municipality
for the cost of the services rendered to that time.
b.
The Municipal Court shall make an investigation of the financial
status of each defendant seeking representation and shall have the
authority to require a defendant to execute and deliver written requests
or authorizations required under applicable law to provide the Court
with access to records of public or private sources, otherwise confidential,
as may be of aid in evaluating eligibility. As provided by law, the
Court is authorized to obtain information from any public record office
of the State or of any subdivision or agency thereof on request and
without payment of the fees ordinarily required by law.
c.
As provided by P.L. 1997, Ch. 256, whenever a person entitled to
representation by a Municipal Public Defender pursuant to this Act,
is under the age of 18 years, the eligibility for services shall be
determined on the basis of the financial circumstances of the individual
and the financial circumstances of the individual's parents or
legal guardians.
[Ord. No. 802 § 1]
As provided by N.J.S.A. 2B:24-5, if the defendant has or reasonably
expects to have means to meet some part, though not all, of the cost
of the services rendered, the defendant shall be required to reimburse
the Borough and the Borough shall have a lien on any property to which
the defendant shall have or acquire an interest for an amount equal
to the reasonable value of the services rendered to a defendant pursuant
to N.J.S.A. 2B:24-1 et seq., as calculated at the same rate as the
office of the Public Defender bills clients at that time.
[Ord. No. 802 § 1]
The Borough Attorney may do all things necessary to collect
any money due to the Borough by way of reimbursement for services
rendered by a Municipal Public Defender. The Borough Attorney may
enter into arrangements with any State or County agency to handle
collections on a cost basis. The Borough Attorney shall have all the
remedies and proceedings available for collection which are available
for or upon the recovery of a judgment in a civil action and shall
also be permitted to collect counsel fees and costs from the defendant.
The Borough Attorney is authorized to compromise and settle any claim
for services performed whenever the financial circumstances of the
person receiving the services are such that, in the judgment of the
Borough Attorney, the best interest of the Borough will be served
by compromise and settlement.
[Ord. No. 802 § 1]
Funds collected from the application fee shall be deposited
in a dedicated fund administered by the Chief Financial Officer. The
funds shall be used exclusively to meet the costs incurred in providing
the services of a Municipal Public Defender including, when required,
expert and lay investigation and testimony.
