[1975 Code §§ 2-6.1 – 2-6.3]
a.
The Municipal Court of the Borough of South Toms River is hereby
created and established in accordance with N.J.S.A. 2B:12-1 et seq.
b.
The name of the Municipal Court shall be the "Municipal Court of
Borough of South Toms River, in the County of Ocean."
c.
The Municipal Court of the Borough of South Toms River shall have
a seal which shall bear the impress of the name of the Court.
[1975 Code §§ 2-6.4; 2-6.5; New]
a.
Pursuant to N.J.S.A. 2B:12-4, the Judge of the Municipal Court shall
be appointed by the Mayor with the advice and consent of the Borough
Council. The Judge of the Municipal Court shall serve for a term of
three years from the date of his appointment and until his successor
is appointed and qualified. Any appointment to fill a vacancy other
than by expiration of term shall be made for the unexpired term only.
b.
The Judge of the Municipal Court shall, before entering upon the
duties of his office, take and subscribe an oath in substantially
the same manner as provided in Statutes.
c.
The Judge of the Municipal Court shall receive a salary as established
in the current Salary Ordinance.
[New]
Pursuant to N.J.S.A. 2B:12-7, the Judge of the Municipal Court
shall be a resident of the State and an attorney at law admitted to
practice in this State at least five years previously.
[1975 Code § 2-6.6; New]
The Municipal Court shall have, possess and exercise all the
functions, powers, duties and jurisdiction, both territorial and subject
matter, in such matters as conferred upon the Court pursuant to N.J.S.A.
2B:12-1 et seq., as amended and supplemented, and by any other Acts
of the State Legislature.
[1975 Code § 2-6.9; New]
The Court shall hold regular sessions at the Municipal Building
the time of which shall be determined by resolutions of the Mayor
and Council duly adopted provided however that such other sessions
may be held as the Municipal Judge shall prescribe or as shall be
prescribed by the rules of the Supreme Court.
[New]
Whenever the Judge of the Municipal Court shall be unable to
sit, he may designate another Municipal Judge from another Municipal
Court to sit for him temporarily and hold Municipal Court. Any such
designation shall be in writing and shall be filed in the Court and
any such person so designated while sitting temporarily shall have
all of the power of the Judge of such Court.
[1975 Code §§ 2-6.7; 2-6.8]
The Mayor and Council shall provide for a Court Administrator
and any other necessary clerical and other assistants as may be required
for the Municipal Court. Compensation for the Court Administrator
and other Court personnel shall be established by ordinance by the
Borough Council. The Court Administrator shall be appointed for a
term of three years and shall perform such functions and duties as
shall be prescribed for him by law, the rules applicable to Municipal
Courts, and by the Municipal Judge.
[1975 Code § 2-6.10]
There is hereby created the position of Deputy Court Administrator,
who shall be appointed by the Borough Council and who shall serve
for a term of three years from the date of their appointment and until
their successor is appointed and qualified. The duties of the Deputy
Court Administrator shall include the operation of the Municipal Court
recorder system, acting as the Court Administrator for and in the
absence of the regularly appointed Court Administrator and all such
other duties as are consistent with the position, as may be assigned
by the Court Administrator, the Judge of the Municipal Court, the
Mayor or by resolution of the governing body.
[1975 Code § 2-7.1]
There is hereby created the Office of Municipal Prosecutor.
The Municipal Prosecutor shall be appointed by the Mayor with the
advice and consent of the Borough Council.
[1975 Code § 2-7.2]
The term of office for the Municipal Prosecutor shall be as
set forth in N.J.S.A. 40:87-15, or as same may be otherwise amended.
[1975 Code § 2-7.3]
It shall be the duty of the Municipal Prosecutor to prosecute
any and all matters on behalf of the governing body or any of the
municipal Departments, committees, agencies or boards as requested.
[1975 Code § 2-7.4]
The Municipal Prosecutor shall receive compensation as established
by the salary ordinance. The position of Municipal Prosecutor shall
be a part time position and the Municipal Prosecutor shall be available
for Court appearances as required.
[Ord. No. 2-98 § 1]
The Office of Municipal Public Defender of the Borough is hereby
created pursuant to S-1886, thereby formally amending and supplementing
Title 2B of the New Jersey Statutes and repealing N.J.S.A. 2B:12-28.
[Ord. No. 2-98 § 2]
The Municipal Public Defender shall be appointed by the Mayor
with the consent of the Council. No person shall hold office as Municipal
Public Defender and hold any other office or position in the Borough.
[Ord. No. 2-98 § 3]
The term of Municipal Public Defender shall be for one year,
expiring on December 31st of each year.
[Ord. No. 2-98 § 4]
The compensation of the Municipal Public Defender shall be established
by the Borough Council in the Salary and Wage Ordinance of the Borough.
[Ord. No. 2-98 § 5]
The Municipal Public Defender shall be a duly licensed attorney
at law of the State of New Jersey. The Municipal Public Defender shall
be appointed by the Borough to represent indigent defendants in proceedings
over which the Borough Municipal Court has jurisdiction.
[Ord. No. 2-98 § 6]
The Municipal Public Defender shall represent an indigent defendant
charged in Municipal Court with a disorderly persons or petty disorderly
persons offense, or with a crime as specified in N.J.S.A. 2B:12-18
or with the violation of any statute, ordinance or regulation of a
penal nature where, in the opinion of the Municipal Court, there is
a likelihood that the person, if convicted, will be subject to imprisonment.
The Municipal Public Defender shall represent an indigent defendant
charged in Municipal Court with a crime as specified in N.J.S.A. 2B:12-18
or, if in the opinion of the Municipal Court there is a likelihood
that the defendant, if convicted, of any other offense will be subject
to imprisonment or other consequence of magnitude, the Municipal Public
Defender shall represent an indigent defendant.
[Ord. No. 2-98 § 7]
All communications between the indigent defendant and the Municipal
Public Defender or any other attorney appointed to act as a Municipal
Public Defender shall be fully protected by the attorney/client privilege
to the same extent and degree as though counsel had been privately
engaged. This shall not preclude the use by a Municipal Public Defender
of privileged material for the preparation and disclosure of statistical,
case study and other sociological data provided that in any such use
there shall be no disclosure of the identify of or means for discovery
of the identity of particular defendants.
[Ord. No. 2-98 § 8]
If there is a vacancy in the Office of Municipal Public Defender
or if the Municipal Public Defender is temporarily unavailable, or
if a finding of conflict of interest precludes the Municipal Public
Defender from representing an indigent defendant, the Municipal Prosecutor
may prosecute the offense if the Municipal Court appoints a qualified
attorney to represent the indigent defendant. Unless rates are otherwise
established by the Borough, the attorney shall be entitled to compensation
at the same rate as the attorneys hired by the New Jersey Office of
Public Defender in conflict cases, with payment to be made within
30 days. Once appointed, the attorney shall carry out all duties of
the Municipal Public Defender in connection with the case that is
the subject of the appointment.
[Ord. No. 2-98 § 11]
In addition to any other means provided by the law for the removal
from office of a public official, the Municipal Public Defender may
be removed by the Borough Council of the Borough for good cause shown
and after a public hearing, and upon due notice and an opportunity
to be heard. Failure to reappoint the Municipal Public Defender for
a second or subsequent term does not constitute a "removal from office"
within the meaning of this subsection.
[Ord. No. 2-98 § 12]
The Municipal Public Defender may represent private clients
in the Borough subject to the Rules of Court Governing the Conduct
of Lawyers, Judges and Court Personnel.
