[Adopted 12-15-1970 by Ord. No. 93-70 (Ch.
10 of the 1989 Code)]
A Municipal Court for the Township of Brick
is established as of January 1, 1949, pursuant to the provisions of
N.J.S.A. 2B:12-1 et seq., as amended and supplemented.
The name of the Municipal Court shall be the
"Municipal Court of Brick Township."
The Municipal Court shall have a Seal which
shall bear the impress of the name of the Court.
A.
Appointment. There shall be a Municipal Judge of said
Municipal Court, who shall be appointed by resolution of the Township
Council of the Township of Brick and who shall serve for a term of
three years from the date of his appointment and until his successor
is appointed and qualified.
B.
Salary. The Municipal Judge shall receive an annual
salary as specified by the latest Salary Ordinance of the Township,
to be paid in the same manner as the salaries of other municipal officers
are paid, and which shall be in lieu of all fees, costs and any other
allowances whatsoever.
[Amended 3-14-1989 by Ord. No. 666-89]
C.
Powers and duties. Said Municipal Court and the Municipal
Judge thereof shall have, possess and exercise all the functions,
powers, duties and jurisdiction conferred by the provisions of N.J.S.A.
2B:12-1 et seq., as amended and supplemented, or by any other law.
[Amended 3-14-1989 by Ord. No. 666-89]
There shall be a Administrator of the Municipal
Court, who shall be appointed by resolution of the Township Council
of the Township of Brick and who shall serve for a term of one year
from the date of his appointment and until his successor is appointed
and qualified. The Administrator of the Municipal Court shall receive
an annual salary as specified in the latest Salary Ordinance of the
Township, to be paid in the same manner as the salaries of other municipal
officers are paid, and which shall be in lieu of all fees, costs and
any other allowances whatsoever. He shall perform such functions and
duties as shall be prescribed for him by law, the rules applicable
to municipal courts and by the Municipal Judge.
[Amended 2-5-2013 by Ord. No. 2-13]
There is hereby created the position of Municipal Prosecutor.
[Amended 2-5-2013 by Ord. No. 2-13]
The Municipal Prosecutor shall be a graduate of an accredited
law school and an attorney at law of the State of New Jersey in good
standing.
[Added 2-5-2013 by Ord. No. 2-13]
The Municipal Prosecutor shall be appointed by the Mayor, with
the advice and consent of the Township Council. He or she shall serve
for a term of one year and until his or her successor is appointed
and qualified.
[Added 2-5-2013 by Ord. No. 2-13]
The Municipal Prosecutor shall appear in the Municipal Court
on behalf of the State of New Jersey or the Township of Brick in any
case therein pending, upon the request of the Municipal Judge, the
Director of Public Safety or directive of the Mayor or Council. He
or she shall exercise the powers and duties assigned to such office
by N.J.S.A. 2B:25-5, any other applicable statutes, and Rules of Court
of the State of New Jersey.
[Added 2-5-2013 by Ord. No. 2-13]
The Municipal Prosecutor shall be compensated in accordance
with a professional services contract as approved by resolution of
the Township Council. The compensation shall be in lieu of any and
all other fees; provided, however, that when a Municipal Prosecutor
is assigned to prosecute a de novo appeal in Superior Court, the prosecutor
shall be entitled to additional compensation unless the municipality
expressly provides otherwise at the time the compensation is fixed.
[Added 2-5-2013 by Ord. No. 2-13]
The Alternate Municipal Prosecutor shall be an attorney at law
of New Jersey. The position of Alternate Municipal Prosecutor is created
in the event the Municipal Prosecutor is unable to appear even for
part of one court session for any reason. More than one Alternate
Municipal Prosecutor may be appointed. The duties for the Alternate
Municipal Prosecutor shall be the same as those set forth for the
Municipal Prosecutor,
[Added 2-5-2013 by Ord. No. 2-13]
The Conflict Municipal Prosecutor shall be an attorney at law
of New Jersey. The position of Conflict Municipal Prosecutor is created
in the event that a conflict of interest arises with the appointed
Municipal Prosecutor. More than one Conflict Municipal Prosecutor
may be appointed. The duties for the Conflict Municipal Prosecutor
shall be the same as those set forth for the Municipal Prosecutor,
[Added 2-5-2013 by Ord. No. 2-13]
The Alternate Municipal Prosecutor and the Conflict Municipal
Prosecutor shall be compensated in accordance with a professional
services contract as approved by resolution of the Township Council.
The compensation shall be in lieu of any and all other fees; provided,
however, that when an Alternate Municipal Prosecutor or Conflict Municipal
Prosecutor is assigned to prosecute a de novo appeal in Superior Court,
the Alternate Prosecutor or Conflict Prosecutor shall be entitled
to additional compensation unless the municipality expressly provides
otherwise at the time the compensation is fixed.
[Added 2-5-2013 by Ord. No. 2-13]
There is hereby created the position of the Municipal Public
Defender. The Mayor, with the advice and consent of Township Council,
may designate one or more attorneys at law of the State of New Jersey
to provide representation of persons entitled by law to appointment
of counsel pursuant to the terms of N.J.S.A. 2B:24-3 for crimes and
offenses cognizable by the Municipal Court of the Township of Brick.
He or she shall serve for a term of one year and thereafter until
his or her successor has been appointed and qualified. The Municipal
Public Defender shall be a graduate of an accredited law school and
be an attorney at law of the State of New Jersey in good standing.
The Public Defender shall have and possess the qualifications and
exercise all of the functions, duties, powers and jurisdictions of
a Public Defender as provided by general law and ordinance and shall
appear in the Brick Township Municipal Court at such time and in such
manner as designated by the Judge of the Municipal Court of the Township
of Brick. The Public Defender shall not represent any person in the
Township of Brick unless such person signs a reimbursement agreement
obligating such person to reimburse the Township of Brick for the
costs incurred by the Township in compensating the Public Defender
if such person becomes capable of paying any or all of those costs.
[Added 2-5-2013 by Ord. No. 2-13]
The Public Defender shall defend indigent persons in the Municipal
Court of the Township of Brick upon being requested to do so by the
Municipal Judge and shall perform such other duties as may be required
by N.J.S.A. 2B:24-6, other applicable statutes, and the Rules of Court.
[Added 2-5-2013 by Ord. No. 2-13]
The Municipal Public Defender shall be compensated in accordance
with a professional services contract as approved by resolution of
the Township Council. The compensation shall be in lieu of any and
all other fees; provided, however, that when a Municipal Public Defender
is assigned to any interlocutory appeals in Superior Court, the Municipal
Public Defender shall be entitled to additional compensation unless
the municipality expressly provides otherwise at the time the compensation
is fixed. The compensation of a Municipal Public Defender for services
rendered shall be in lieu of any and all other compensation by the
Township.
[Added 2-5-2013 by Ord. No. 2-13]
The Alternate Public Defender shall be an attorney at law of
New Jersey. The position of Alternate Public Defender is created in
the event the Municipal Public Defender is unable to appear even for
part of one court session for any reason. More than one Alternate
Public Defender may be appointed. The duties for the Alternate Public
Defender shall be the same as those set forth for the Municipal Public
Defender.
[Added 2-5-2013 by Ord. No. 2-13]
The Conflict Public Defender shall be an attorney at law of
New Jersey. The position of Conflict Public Defender is created in
the event that a conflict of interest arises with the Municipal Public
Defender. More than one Conflict Public Defender may be appointed.
The duties for the Conflict Public Defender shall be the same as those
set forth for the Municipal Public Defender.
[Added 2-5-2013 by Ord. No. 2-13]
The Alternate Public Defender and Conflict Public Defender shall
be compensated in accordance with a professional services contract
as approved by resolution of the Township Council. The compensation
shall be in lieu of any and all other fees; provided, however, that
when an Alternate Public Defender or Conflict Public Defender is assigned
to prosecute a de novo appeal in Superior Court, the Alternate Prosecutor
or Conflict Prosecutor shall be entitled to additional compensation
unless the municipality expressly provides otherwise at the time the
compensation is fixed.
[Added 3-8-1994 by Ord. No. 778-94]
The fee for application for representation by
the Municipal Public Defender shall be as follows:
A.
Any person applying for representation by the Municipal
Public Defender in the Municipal Court of the Township of Brick shall
be required to pay an application fee of $200.
[Amended 12-9-1997 by Ord. No. 778-B-97]
B.
In accordance with the provisions of N.J.S.A. 2B:12-28b,
the Municipal Court may waive the required application fee in whole
or in part, in its sole discretion, if it is determined that the payment
of the full application fee represents an unreasonable burden on the
person seeking representation.
C.
The Judges of the Municipal Court may, in his/her
sole discretion, permit time payments of said application fee over
a period of time not to exceed four months, and may utilize all appropriate
procedures for nonpayment of fees and costs, including but not limited
to suspension of license, for nonpayment of said application fee.
[Amended 12-9-1997 by Ord. No. 778-B-97]
