City of Millville, NJ: Judge of Municipal Court.

§ 2-16 Municipal Court established.

The Municipal Court of the City of Millville is hereby established. The Court shall have a seal which shall bear the impress of the name of the Court.

The territorial jurisdiction of the Court shall be the territory embraced within the City of Millville, and the Court shall have the subject matter jurisdiction as provided in the New Jersey Statutes Annotated.

The practice and procedure of the Court shall be substantially as provided by N.J.S.A. 2A:8-1 and 2A:8-41 both inclusive, subject to such rules as the Supreme Court shall promulgate and make applicable to the Municipal Courts, which rules shall supersede (so far as they conflict with) statutory and common law regulations theretofore existing.

The Board of Commissioners may provide by resolution for such court personnel as may be necessary for the proper operation of the Municipal Court and shall provide for their compensation.

The Board of Commissioners shall provide for the necessary accommodations and supplies for the Municipal Court.

§ 2-17 Judge of Municipal Court.

The Court shall be presided over by a Municipal Court Judge who shall be an attorney at law qualified to serve under the rules of the New Jersey Supreme Court. Pursuant to state law, the Judge of the Municipal Court shall be appointed by the Board of Commissioners to serve a term of three years and until his successor shall be appointed and qualify.

[Amended 5-20-2008 by Ord. No. 11-2008]

He shall be paid a salary as stated in the Annual Salary Ordinance, which salary shall be paid at the same times and in the same manner as the salaries of other officials of the City are or shall be paid, and which salary shall be in lieu of any and all other fees and shall not be diminished during his term of office.

The Judge of the Municipal Court shall, before entering upon the performance of the duties of his office, take and subscribe an oath in substantially the same manner as provided in N.J.S.A. 41:2A-6 and 41:1-3.

The Municipal Court Judge, who shall be an attorney at law, shall not practice law in, nor upon any appeal from, any Municipal Court in the County of Cumberland.

Whenever the Judge of the Municipal Court shall be unable to sit, he may designate any other judge of any Municipal Court or an attorney at law of this state to sit for him temporarily and hold the 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 powers of the Judge of the Municipal Court.

§ 2-18 Administrator of Municipal Court.

Appointment. There shall be an Administrator of the Municipal Court who shall be appointed by the Board of Commissioners. He shall receive a salary as provided by the Annual Salary Ordinance and which shall be in lieu of any fees.

Municipal Court Administrator to devote entire time to duties. The Municipal Court Administrator shall daily during business hours devote his entire time and attention to the duties of his office, and to such other duties as may be assigned to him by the Board of Commissioners.

Accounts of Municipal Court Administrator. The accounts of the Municipal Court Administrator shall be kept and moneys accounted for substantially as provided by the Administrative Director of the Courts.

Municipal Court Administrator to take oath and give bond. The Municipal Court Administrator shall before entering upon the duties of his office take and subscribe an oath in substantially the same manner as provided by N.J.S.A. 41:1-3. He shall before entering upon the duties of his office enter into a bond to the City in substantially the same form as provided by the Administrative Director of the Courts.

Municipal Court Administrator to be custodian of records. The Municipal Court Administrator shall be legal custodian of, and responsible for, all books, papers, records, seal, moneys and other property appertaining to the Municipal Court of Millville.

Municipal Court Administrator to keep docket. The Municipal Court Administrator shall keep a docket which shall be a record of all proceedings in the Municipal Court, and entries in this docket, when a civil action or proceeding is commenced, shall be substantially as provided by the Administrative Director of the Courts. When a criminal or quasi-criminal action or proceeding is commenced, the docket shall contain the following:

(1)

A true copy of the charge;

(2)

The date of service upon the defendant;

(3)

The amount of bond required;

(4)

The pleas of the defendant;

(5)

The disposition of the cause; and

(6)

Any and all other proceedings.

Municipal Court Administrator authorized to hold to bail. The Municipal Court Administrator shall have the power in criminal cases to hold defendants to appear before the court having jurisdiction to hear the matter by taking recognizances of bail with surety or sureties in such reasonable sum as he may deem fit and to forward the same to the said court before the time of appearance therein mentioned, which said power shall be exercisable in the same manner and subject to the same limitations as in the case of the Judge of the court before which any such defendant shall be required to appear.

Municipal Court Administrator not to receive fee for drawing papers, etc. The Municipal Court Administrator shall not receive any fee or reward for drawing any papers, or for rendering or promising to render special services in connection with any action brought in the Municipal Court.

No charge for filing of papers of City. No charge shall be made by the Administrator of the Municipal Court for the filing or service of any papers for which a fee is provided by law for civil cases in the Municipal Court of Millville where the party filing the paper or requesting the service is the City or a City official acting in his official capacity, or a City department, board, body or commission.

Disposition of fines and costs. The costs and fees charged against defendants in the Municipal Court, when collected, shall be turned over to the Chief Financial Officer. The amount of such fees and costs shall be as provided by law, and the fines and penalties imposed in the Municipal Court shall be disposed of as provided by law.

Appointment of temporary Deputy Administrator. In the event of illness, absence or disability of the Clerk, the Judge may appoint a Deputy Administrator who shall be sworn to be faithful to the performance of the duties of the office. Such Deputy shall sign the name of the Administrator to and issue any writs or documents of this Court during such illness, absence or disability of the Administrator, and any writs or documents so signed and issued shall be as valid in law as if signed and issued personally by such Administrator. The Administrator shall be responsible for the acts of such Deputy Administrator. During the illness, absence or disability of the Administrator, the Deputy Administrator shall succeed to the emoluments of office of the Administrator and shall be subject to the provisions of this article pertaining to the Administrator. Such appointee shall have the approval of the Board of Commissioners.

§ 2-19 Municipal Public Defender.

[Amended 7-21-2009 by Ord. No. 24-2009]

Legal authority. The Office of Municipal Public Defender is hereby established in accordance with the provisions set forth in N.J.S.A. 2B:24-1 et seq.

Appointment. The Municipal Court of the City of Millville shall have at least one municipal public defender appointed by the governing body of the municipality in accordance with applicable laws, ordinances and resolutions. Any municipal court with two or more municipal public defenders shall have a Chief Municipal Public Defender who shall be appointed by the governing body of the municipality. The Chief Municipal Public Defender shall have authority over other municipal public defenders serving that court with respect to the performance of their duties.

Qualifications. A municipal public defender shall be an attorney at law of this state in good standing and shall serve for a term of one year from the date of his or her appointment. A municipal public defender may continue to serve in office pending reappointment or the appointment of a successor. A municipal public defender need not reside in the municipality where he or she acts as a municipal public defender.

Additional municipal public defenders. The municipality may appoint additional municipal public defenders as necessary to administer justice in a timely and effective manner in the Municipal Court. The appointment shall be made in accordance with applicable laws, ordinances and resolutions. Appointments to fill vacancies in the position of municipal public defender shall be made in accordance with the provisions of applicable state law as soon as practicable.

Removal from office. A municipal public defender may be removed from office by the governing body of the municipality for good cause shown and after a public hearing and upon due notice and an opportunity to be heard. Failure to reappoint a municipal public defender for a second or subsequent term does not constitute a removal from office within the meaning of the applicable state law.

Compensation. A municipal public defender shall receive compensation, either on an hourly, per diem, annual or other basis, as the municipality may provide. The ordinance, resolution or agreement setting compensation shall set forth any additional compensation to be paid for interlocutory appeals in the Superior Court.

Duties of public defender. It shall be the duty of the municipal public defender to represent any defendant charged with an offense in the Municipal Court who is an indigent municipal defendant entitled to representation in accordance with applicable law. This duty shall be carried out except in the case of temporary unavailability or conflict of interest. All necessary services and facilities of representation, including both expert and lay investigation and testimony, as well as other preparation, shall be provided. The municipality shall be responsible for payment of services pursuant to applicable state law. The factors of need and real value to a defendant may be weighed against the financial constraints of the municipality in determining the necessary services and facilities of representation. The final determination as to necessity of services required shall be made by the court.

Defendant is entitled to a public defender. If there is a vacancy in the Office of Municipal Public Defender, 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 Court shall appoint a qualified attorney to represent the indigent defendant.

Eligibility for services of public defender. Eligibility for services of the municipal public defender shall be determined by the Municipal Court on the basis of the need of the defendant, except as otherwise provided by state law. The need shall be measured according to applicable state law and guidelines promulgated by the New Jersey Supreme Court.

Partial payment for services. If the defendant has, or reasonably expects to have, means to meet some part of the cost of the services rendered, the defendant shall be required to reimburse the municipality that part of the cost of the services rendered. The payment may be made by a single payment or in installments in such amount as the defendant can be reasonably expected to pay. However, no default or failure to make payments shall affect or reduce the rendering of services.

Authority to collect moneys. The authority to collect moneys from the defendant is set forth in Subsections 13 through 16 of the applicable state statute. The municipal attorney is authorized to compromise and settle any claim for services performed pursuant to this act whenever the financial circumstances of the person receiving the services are such that the best interest of the state will be served by compromise and settlement.

Application fee. A person applying for representation by a municipal public defender or court-approved counsel shall pay an application fee of not more than $200. The Municipal Court may waive the application fee, in whole or in part, only if the court determines 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.

§ 2-20 Discovery in Municipal Court.

The Municipal Prosecutor is responsible for providing discovery to the defendant in the Millville Municipal Court.

The Municipal Prosecutor is authorized to charge a fee for the discovery requests made by the individual defendants or attorneys representing individual defendants in the Municipal Court. Said fee shall be charged in accordance with the Public Open Record Act, N.J.S.A. 47:1A-1 et seq. See also Article XIII of this chapter.

[Amended 2-15-2005 by Ord. No. 7-2005]