There shall be a Municipal Court in the Township,
pursuant to the Laws of the State of New Jersey, to be known as the
"Municipal Court of the Township of Springfield, Burlington County."
The Municipal Court shall have a seal which shall bear the impress
of the name of the court.
The sessions of the Municipal Court shall be
held in the Municipal Building of the Township of Springfield or any
other place as the Council shall designate from time to time, and
shall exercise all of the functions, powers, duties and jurisdictions
conferred upon municipal courts by law.
There shall be a Judge of the Municipal Court,
appointed by the Township Council, who shall serve for a term of three
years from the date of appointment and until a successor shall be
appointed and qualified. Any appointment to fill a vacancy not caused
by expiration of term shall be made for the unexpired term only. The
Municipal Judge shall receive compensation as shall be provided by
ordinance adopted by the Township Council.
The Judge of the Municipal Court shall have
and possess the qualifications, and shall have, possess and exercise
all of the functions, duties, powers and jurisdictions conferred by
general law or ordinance. The Municipal Judge shall sit at such times
as the business of the court may require, subject to the rules applicable
to municipal courts.
There shall be an Administrator of the Municipal
Court of Springfield Township, Burlington County, who shall be appointed
by the Township Manager and who shall perform all functions and duties
as shall be prescribed by law, the rules applicable to municipal courts,
and by the Municipal Judge. The duties of the Administrator of the
Municipal Court 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, taking minutes of the trials 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 court matters to
determine if there is a basis for formal action and, if necessary,
issue summonses requiring court appearances in this regard; maintaining
and classifying records and files.
There is hereby established the position of
Deputy Court Administrator. The Deputy Court Administrator shall be
appointed by the Manager, and shall perform under the direction of
the Municipal Court Judge and the Court Administrator the duties prescribed
by law and as may be directed by the Municipal Judge and the Court
Administrator.
In order to obtain the services of the Municipal
Public Defender, an application must be filed with the Municipal Court
on a form provided by the Township. The application form shall be
consistent with the requirements of N.J.S.A. 2A:158-1 et seq.
A.
The Municipal Judge shall make the decision as to
which defendants are indigent after reviewing the defendant's application.
This determination shall be based upon whether the applicant fits
within the definition of "indigent defendant" found within N.J.S.A.
2A:158A-2.
B.
The Judge shall assess an application fee to each
person from whom an application for services of the Public Defender
is made. The Judge will be allowed to waive the fee or part of the
fee only upon a clear and convincing showing that the application
fee represents an unreasonable burden on the person seeking representation.
This fee shall be chargeable regardless of whether the applicant is
found to require the services of the Public Defender.
C.
The defendant's inability to pay the application fee
shall in no way affect or reduce the rendering of services to him/her.
In the case of a defendant who is unable or unwilling to pay the application
fee, the fee shall become a fine, and the Township may collect the
fee consistent with N.J.S.A. 40:6A-1 and N.J.S.A. 2A:158A-19.
D.
In all cases where it appears that the defendant has,
or reasonably expects to have, means to meet some part, though not
all, of the cost of the services rendered, (s)he shall be required
to reimburse the Township. The Court is specifically authorized to
require that the fee be paid at once or in installments over a period
of four months or less. But no default or failure in the making of
such payment shall be made by the Judge based on the defendant's application
for public defender assistance.
E.
All monies collected as application fees shall be
used exclusively to help defray the cost of administering the public
defender system in the Court.
