[1982 Code § 2-6; New]
There shall be a Municipal Court in the Borough pursuant to
the provisions of N.J.S.A. 2B:12-1 et seq., to be known as the "Municipal
Court of the Borough of Victory Gardens, Morris County". The Municipal
Court shall have a Seal bearing the impress of the name of the Court.
The Court shall be held in a municipal building or such other place
as the Judge of the Municipal Court shall designate from time to time
and shall exercise all the functions, powers, duties and jurisdiction
conferred upon municipal courts by law and ordinance.
[1982 Code § 2-6.5; New]
There shall be an Administrator of the Municipal Court, who
shall be appointed for a term of one year by the Council and who shall
perform such functions and duties as shall be prescribed for him by
law, the rules of the Superior Court applicable to municipal courts
and by the Municipal Judge. His duties shall include but not be limited
to:
a. Carrying out the rules, regulations, policies and procedures relating
to the operation of the Court.
b. Interviewing and speaking to prospective complainants; receiving
complaints and dispensing information relating to Court matters.
c. Maintaining the financial records of the Court.
d. Attending Court, recording decisions of the Court and entering them
in the docket; arranging trial calendars; signing Court documents;
preparing and issuing warrants and commitments.
e. Taking and preparing bail bonds, making inquiry as to their sufficiency
and equity; receiving and accounting for fines and costs.
f. Interviewing persons on informal Police Court matters to determine
if there is a basis for formal action and, if necessary, issuing summonses
requiring Court appearances.
g. Maintaining and classifying records and files.
[1982 Code § 2-6.6]
The Borough Council may by ordinance or resolution provide for
such clerical or other assistants as shall be deemed necessary and
shall establish their compensation by ordinance.
[New]
The Municipal Judge shall sit at such times as he deems proper
and necessary to conduct the business of the Court for the effective
administration of justice in the Borough subject to the rules applicable
to the Municipal Court.
[New]
There is hereby created in the Borough the office of Municipal
Prosecutor.
[New]
The Mayor shall appoint the Municipal Prosecutor, with the advice
and consent of the Borough Council, to serve for a term of one year
commencing January 1 of each year and until the appointment and qualification
of his successor. In the event the Mayor shall not appoint the Municipal
Prosecutor or the Council shall fail to confirm such appointment within
30 days next succeeding January 1 of each year, the Council shall
make such appointment at the expiration of the thirty-day period.
[New]
The Municipal Prosecutor shall be a duly licensed Attorney-at-Law
of the State of New Jersey.
[New]
The Municipal Prosecutor shall represent the Borough of Victory
Gardens and any of its officers and employees in any criminal or quasi-criminal
action or proceeding in the Municipal Court of the Borough or in any
Intermunicipal Court having jurisdiction of the Borough wherein the
complaint has been filed in the name of the State of New Jersey, the
Borough of Victory Gardens or any of the officers or employees of
the Borough, and wherein the particular nature of the charge is such
that imprisonment in fact or other consequence of magnitude is actually
threatened or is a likelihood on conviction.
[New]
The Municipal Prosecutor shall be paid such fees or salary as
shall hereafter be established by law.
[Ord. 12/23/97]
The position of Municipal Public Defender is created so that
counsel may be provided to those persons applying for representation
in the Municipal Court of this Borough. Compensation for the position
shall be established by the Mayor and Council in the Salary Ordinance.
[Ord. 12/23/97]
Applicants requesting representation by a Municipal Public Defender
shall pay an application fee of not more than $200 in accordance with
the provisions of N.J.S.A. 2A:158A-14 and 2A:158A-15.1.
[Ord. 12/23/97]
The Municipal Court may waive any required application fee,
in whole or in part, if the Court determines, in its discretion, that
the application fee represents an unreasonable burden on the person
seeking representation.