[HISTORY: Adopted by the Township Committee
of the Township of Middle 10-20-2008 by Ord. No. 1307-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Salaries and compensation — See Ch. 58.
[1]
Editor's Note: This ordinance also repealed
former Ch. 13, Municipal Court, adopted 12-30-1948 by Ord. No. 63,
as amended.
Pursuant to the powers and authority granted
by N.J.S.A. 2B:12-1 et seq., there is hereby created and established
a Municipal Court for the Township of Middle, in the County of Cape
May, to be known as the "Municipal Court of the Township of Middle."
Pursuant to the Uniform Shared Services and
Consolidation Act, N.J.S.A. 40A:65-1 et seq., and N.J.S.A. 2B:12-1c,
the Township of Middle may enter into a shared services agreement
to provide jointly for courtrooms, chambers, equipment, supplies and
employees for the municipal courts of the Township of Middle. If the
Township of Middle enters into a shared services agreement, the identities
of the individual courts shall continue to be expressed in the captions
of orders and all other documents. Pursuant to N.J.S.A. 2B:12-ld,
said interlocal agreement may be terminated as provided in the agreement.
A shared services agreement shall be approved by Township Committee
by resolution.
The jurisdiction of the Municipal Court of the
Township of Middle shall be coextensive with the territory of the
Township of Middle, County of Cape May, State of New Jersey.
A.
There shall be a Municipal Court Judge to be appointed
and serve such term as is provided by law.
B.
The Municipal Court Judge shall have and possess the
qualifications and shall have, possess and exercise all the functions,
duties, powers and jurisdiction conferred by law or ordinance. He
or she shall be an attorney-at-law of the State of New Jersey. Whenever
the Municipal Judge is unable to sit as such, he or she may designate
any other judge authorized by the Administrative Office of Court's
cross-assigned list to sit for him or her temporarily (not to exceed
two successive weeks) and hold the Municipal Court. Any person so
designated, while sitting temporarily, shall possess all of the powers
of the Municipal Court Judge.
C.
The Municipal Court Judge shall be compensated in
the manner established by ordinance, resolution or as otherwise established
according to law.
A.
The Township Committee of the Township of Middle may
employ an attorney-at-law as a prosecutor, under the supervision of
the County Prosecutor, who may represent the municipality in any matter
within the jurisdiction of the Municipal Court of the Township of
Middle, in accordance with P.L. 1999, c. 49 (N.J.S.A. 2B:25-1 et seq.).
B.
The Municipal Prosecutor shall be appointed for a
one-year term, commencing January 1 and ending December 31, and may
continue to serve in office pending reappointment or appointment of
a successor.
A.
There shall be a Municipal Public Defender who shall
be appointed by the Township Committee for a one-year term, commencing
January 1 and ending December 31.
B.
In accordance with the provisions of P.L. 1997, c.
256 (N.J.S.A. 2B:24-1 et seq.), the Municipal Public Defender shall
be qualified as an attorney-at-law of the State of New Jersey in good
standing and shall represent those defendants appearing in Municipal
Court who are determined by the Court to be indigent and whose representation
is assigned to the Municipal Public Defender by the Court.
C.
The Municipal Public Defender shall be compensated
in the manner established by ordinance, resolution or as otherwise
established according to law.
A.
There shall be an Administrator of the Municipal Court
who shall perform the functions and duties prescribed for the Administrator
by law, by the rules applicable to the municipal courts and by the
Municipal Court Judge.
B.
The Administrator shall be appointed by the governing
body for a term of one year, commencing January 1 and ending December
31.
A.
There may be one or more Deputy Administrators of
the Municipal Court who shall be appointed by the Township Committee
for a one-year term, commencing January 1 and ending December 31.
B.
Deputy Municipal Court Administrators shall perform
the functions assigned to them by the Municipal Judge and the Municipal
Court Administrator.
There may be appointed such other necessary
clerical and other assistants for the Municipal Court as is necessary
for the efficient operation of the Municipal Court. Such clerical
and other assistants shall be compensated as provided in the current
salary ordinance or resolution[1] or as otherwise established according to law.
