[HISTORY: Adopted by the Mayor and Council of the Borough
of Neptune City during codification; see Ch. 1, General Provisions,
Art. II. Amendments noted where applicable.]
Pursuant to the provisions of N.J.S.A. 2A:8-1, as amended and
supplemented, there is hereby established within the Borough of Neptune
City a Municipal Court.
The name of the Municipal Court so established shall be the
"Municipal Court of the Borough of Neptune City".
The Municipal Court shall have a seal which shall bear the impress
of the name of the Court.
[Amended 11-26-2001 by Ord. No. 2001-14]
There shall be a Judge of the Municipal Court, who shall be
known as the "Municipal Judge." He shall be appointed by the Mayor,
with the advice and consent of the Council. He shall serve for a term
of three years from the date of his appointment and until his successor
is appointed and qualified. The Municipal Judge shall have the authority
to apply any and all fines and penalties provided under the Code of
the Borough of Neptune City and shall further assign community service
to such persons convicted of violating any provision of the Code of
the Borough of Neptune City at the Municipal Judge's sole and
exclusive discretion.
The Municipal Judge shall receive such annual salary or compensation
as the Council may, from time to time, fix and determine.[1]
[Amended 5-22-1995 by Ord. No. 1995-7]
The Council shall, pursuant to law, provide for and appoint
a Municipal Court Administrator, a Deputy Municipal Court Administrator
and any other necessary clerical or other assistants for the Municipal
Court and provide for their compensation.
[Amended 5-22-1995 by Ord. No. 1995-7]
The Council shall, pursuant to law, provide for a Prosecutor
for the Municipal Court, who shall be appointed by the Mayor, with
the advice and consent of the Council. He shall attend all sessions
of the Court where needed for the purpose of representing the state,
the borough and the Board of Health of the borough. He shall serve
for a term of one year from the date of his appointment, but in no
event beyond December 31 of the calendar year of his appointment.
He shall receive such annual salary or compensation as the Council
may, from time to time, fix and determine.
[Amended 2-24-1997 by Ord. No. 1997-2; 6-8-1998 by Ord. No. 1998-19; 2-26-2001 by Ord. No. 2001-2]
A.
Positions
established. There is hereby created by the Borough of Neptune City
the positions of Public Defender and Assistant Public Defender.
B.
Appointments;
term of office. The Public Defender and Assistant Public Defender,
respectively, shall be appointed by the Mayor, with the advice and
consent of Council. The term shall be for one year effective January
1 of each year until December 31 of the same year, and until the appointment
and qualification of a successor.
C.
Salary.
The Public Defender and Assistant Public Defender shall respectively
receive such annual salary or compensation as the Council may from
time to time, fix and determine pursuant to the Salary Ordinance.
D.
Duties.
The Public Defender and Assistant Public Defender shall represent
any person who makes an application for representation to the Municipal
Court of the Borough of Neptune City, and pays the application fee
of $200 on the basis of the need of the defendant. For purposes of
this section, the term "need of the defendant" shall be measured consistent
with the standards set forth in N.J.S.A. 2A: 158-14, as may be amended
from time to time. The Municipal Court may waive the application in
whole or in part if the Court determines, in its discretion, that
the application fee represents an unreasonable burden on the person
seeking such representation.
