A Municipal Court for the Town of West New York,
in the County of Hudson, is hereby established pursuant to the provisions
of Chapter 264 of the Laws of 1948.
The name of said Municipal Court shall be the
"Municipal Court of the Town of West New York, in the County of Hudson."
Said Municipal Court shall have a Seal that
shall bear the imprint of the name of the Court.
[Amended 10-19-1977 by Ord. No. 1261]
The Recorder who shall be in office upon this
chapter becoming effective shall be the Judge of the Municipal Court
and shall continue to be such Judge of the Municipal Court for a term
equal to the balance of his then-existing term.
[Amended 10-19-1977 by Ord. No. 1261; 8-15-2012 by Ord. No. 29/12]
Upon expiration of said term or in the event
of a vacancy in said office of Judge of the Municipal Court, a Judge
of the Municipal Court of said Municipal Court shall be appointed
by the governing body of this municipality in accordance with the
provisions of Chapter 264 of the Laws of 1948, for a term of three years.
[Amended 10-19-1977 by Ord. No. 1261]
Said Municipal Court and said Judge of the Municipal
Court thereof shall have, possess and exercise all the functions,
powers, duties and jurisdictions conferred by the provisions of Chapter
264 of the Laws of 1948 or by any other law.
[Amended 10-19-1977 by Ord. No. 1261]
Said Judge of the Municipal Court shall be compensated
by an annual salary which shall be established by the Board of Commissioners,
which salary shall be paid in the same manner as the salaries of other
municipal officers are paid.
[Amended 10-19-1977 by Ord. No. 1261; 8-15-2012 by Ord. No. 29/12]
There shall be a Court Administrator of said
Municipal Court, who shall be compensated by an annual salary to be
fixed by the Board of Commissioners, which salary shall be paid in
the same manner as the salaries of other municipal officers are paid.
Said Court Administrator shall perform such functions and duties as
shall be described for him by law, the rules applicable to municipal
courts and the Judge of the Municipal Court. Upon the expiration of
the term of office of the Court Administrator of said Municipal Court,
who shall have been transferred to said Court pursuant to the provisions
of Chapter 264 of the Laws of 1948, or in the event of a vacancy in said position, the Court
Administrator of said Court shall be appointed pursuant to law.
[Added 6-15-1994 by Ord. No. 33/94;
amended 1-7-1998 by Ord. No. 39/97]
A. Any person applying for representation by the Municipal
Public Defender of the Town of West New York shall pay an application
fee of $200 or the amount necessary to pay the costs of the Municipal
Public Defender's services, whichever is less.
B. The Municipal Court may waive the above application
fee only if the applicant demonstrates, by clear and convincing proof,
that the application fee represents an unreasonable burden on the
applicant.
C. The Municipal Court may permit the applicant to pay
the application fee over a specific period of time not to exceed four
months.
D. Funds collected pursuant to this section shall be
deposited in a dedicated fund administered by the Finance Department
of the Town of West New York and used exclusively to meet the costs
incurred in providing the services of a Municipal Public Defender,
including, when required, expert and lay investigation and testimony.