[HISTORY: Adopted by the Mayor and Council of the Borough of Chatham 4-9-2012 by Ord. No. 12-05.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 6, Court, adopted 12-27-1948 (Ch. 9 of the 1975 Code), as amended.
[Amended 11-11-2013 by Ord. No. 13-20]
Pursuant to the provisions of N.J.S.A. 2B:12-1 et seq., a single Joint Municipal Court is hereby established for the Borough of Chatham, Township of Chatham, Borough of Madison, Township of Harding and Township of Morris. The jurisdiction of the Joint Municipal Court shall be coextensive with the territories of the Borough of Chatham, Township of Chatham, Borough of Madison, Township of Harding and Township of Morris.
The name of the Joint Municipal Court shall be "Joint Municipal Court."
The Joint Municipal Court shall possess and exercise all of the functions, powers, duties and jurisdiction conferred upon it by the statutes of the State of New Jersey.
[Amended 11-11-2013 by Ord. No. 13-20]
A Joint Court Committee shall be formed consisting of two representatives appointed by the respective governing bodies of the Borough of Chatham, Township of Chatham, Borough of Madison, Township of Harding and Township of Morris. The Joint Court Committee shall operate as set forth in the Agreement for the Creation and Operation of a Joint Municipal Court Pursuant to the Uniform Shared Services and Consolidation Act dated January 10, 2011, as may be amended from time to time.
The Judge of the Joint Municipal Court shall be nominated and appointed by the Governor of the State of New Jersey, upon the advice and consent of the Senate of the State of New Jersey in accordance with N.J.S.A. 2B:12-1 et seq. and the Agreement for the Creation and Operation of a Joint Municipal Court Pursuant to the Uniform Shared Services and Consolidation Act dated January 10, 2011, as may be amended from time to time. The Judge of the Joint Municipal Court shall have and possess the qualifications and shall have, possess and exercise all the functions, duties, powers and jurisdiction conferred by law or ordinance.
The position of Municipal Prosecutor of the Joint Municipal Court is hereby established in accordance with N.J.S.A. 2B:25-1 et seq. and the Agreement for the Creation and Operation of a Joint Municipal Court Pursuant to the Uniform Shared Services and Consolidation Act dated January 10, 2011, as may be amended from time to time.
The position of Municipal Public Defender of the Joint Municipal Court is hereby established in accordance with N.J.S.A. 2B:24-1 et seq. and the Agreement for the Creation and Operation of a Joint Municipal Court Pursuant to the Uniform Shared Services and Consolidation Act dated January 10, 2011, as may be amended from time to time.
The position of Municipal Court Administrator of the Joint Municipal Court is hereby established in accordance with N.J.S.A. 2B:12-1 et seq. and the Agreement for the Creation and Operation of a Joint Municipal Court Pursuant to the Uniform Shared Services and Consolidation Act dated January 10, 2011, as may be amended from time to time. The Municipal Court Administrator shall perform the functions and duties prescribed by law, by rules applicable to municipal courts and by the Judge of the Joint Municipal Court. The Municipal Court Administrator shall be considered an employee of the Borough of Madison.
The Joint Court Committee may appoint one or more Deputy Municipal Court Administrators of the Joint Municipal Court as necessary to efficiently operate the Joint Municipal Court in accordance with N.J.S.A. 2B:12-1 et seq. and the Agreement for the Creation and Operation of a Joint Municipal Court Pursuant to the Uniform Shared Services and Consolidation Act dated January 10, 2011, as may be amended from time to time.
The Joint Court Committee shall provide for such other necessary clerical and other personnel as shall be required to efficiently operate the Joint Municipal Court and for their compensation in accordance with N.J.S.A. 2B:12-1 et seq. and the Agreement for the Creation and Operation of a Joint Municipal Court Pursuant to the Uniform Shared Services and Consolidation Act dated January 10, 2011, as may be amended from time to time.
All fines, costs, fees, penalties and forfeitures, including forfeitures of bail, imposed by the Joint Municipal Court, and any other funds which are distributable to a local municipality, shall be distributed to the municipality in which the complaint, charge, events, acts or violation arose and which produce the particular fine, costs, fee, penalty, forfeiture or other funds in accordance with N.J.S.A. 2B:12-1 et seq. and the Agreement for the Creation and Operation of a Joint Municipal Court Pursuant to the Uniform Shared Services and Consolidation Act dated January 10, 2011, as may be amended from time to time.
[Amended 11-11-2013 by Ord. No. 13-20]
The Agreement for the Creation and Operation of a Joint Municipal Court Pursuant to the Uniform Shared Services and Consolidation Act, dated January 10, 2011 (as it may be amended and supplemented from time to time), is hereby ratified and approved. Said agreement is on file in the office of the Borough Clerk, Municipal Building, 54 Fairmount Avenue, Chatham, New Jersey, and is available for public inspection during normal business hours.
[Amended 11-11-2013 by Ord. No. 13-20]
A. 
The Joint Municipal Court shall be effective and commence on February 1, 2011, and shall remain in effect until December 31, 2013, unless subsequently extended, renewed or terminated by one or more of the participating municipalities pursuant to the Agreement for the Creation and Operation of a Joint Municipal Court Pursuant to the Uniform Shared Services and Consolidation Act dated January 10, 2011, as may be amended from time to time.
B. 
On February 1, 2011, the Borough of Chatham Municipal Court shall be abolished and its functions, powers and duties, records and pending cases shall be transferred to the Joint Municipal Court established pursuant to the ordinances adopted by the respective governing bodies of the Borough of Chatham, Township of Chatham, Borough of Madison, Township of Harding and Township of Morris and the Agreement for the Creation and Operation of a Joint Municipal Court Pursuant to the Uniform Shared Services and Consolidation Act dated January 10, 2011, as may be amended from time to time.
[Added 11-11-2013 by Ord. No. 13-20]
A municipality may withdraw from participation in the Joint Municipal Court by delivering written notice to the Joint Municipal Court and all participating municipalities of its intentions to withdraw in accordance with the agreement authorized by this chapter.
[Added 11-11-2013 by Ord. No. 13-20]
Additional municipalities may join the Joint Municipal Court. Any amendment to include an additional municipality shall require approval by all participating municipalities as required by law and the agreement authorized by this chapter.