[HISTORY: Adopted by the Board of Commissioners (now Council) of the Town (now Township) of Montclair 4-15-1980 by Ord. No. 80-12 as Ch. 14 of the 1979 Code. Amendments noted where applicable.]
The Municipal Court for the township, known as the "Municipal Court of Montclair," as heretofore established pursuant to the provisions of Chapter 264 of the Laws of 1948, the amendments thereof and supplements thereto, is hereby continued.
Editor's Note: Repealed by L. 1993, c. 293. See now N.J.S.A. 2B:12-1 et seq.
The Municipal Court shall have a seal which shall bear the impress of the name of the Court.
There shall be a Judge of the Municipal Court, to be appointed by the Township Council for a term of three years from the date of his or her appointment and until his or her successor is appointed and qualified. He or she shall have the qualifications required by law.
There shall be a Municipal Court Administrator and such other Deputy Municipal Court Administrators as the Judge of the Municipal Court shall designate in writing to serve temporarily in the absence of the Municipal Court Administrator.
Appointments to all offices, positions or employments under this section shall be made by the Township Manager.
The Administrator shall serve for a term of one year from the date of appointment and until a successor is appointed and qualified.
The Administrator and and Deputy Administrators shall perform such functions and duties as shall be prescribed for them by law, by the rules applicable to municipal courts and by the Judge.
The salaries payable to holders of such offices or positions shall be paid in the same manner as the salaries of other officers are paid and shall be in lieu of all fees, costs and any allowances whatsoever. Such salaries shall be fixed by ordinance.
The Municipal Court and the 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. and the amendments thereof and supplements thereto or by any other law.
[Amended 5-23-2000 by Ord. No. 00-19]
The Municipal Court shall be held in the Court Room of the Public Safety Building. The Judge shall designate the days when sessions of the Court will be held and the hour at which the Court will be held, in accordance with the rules of court.
[Added 11-26-1996 by Ord. No. 96-31; amended 1-14-1997 by Ord. No. 96-39; 5-8-2001 by Ord. No. 01-32]
In order to obtain the services of the Public Defender, and pursuant to N.J.S.A. 2B:12-28, an application must be filed with the Municipal Court on a form designated and approved by the Administrative Office of the Courts to be provided by the township. The Municipal Judge shall make a decision as to whether a defendant is indigent after reviewing each defendant's application. This determination shall be based on whether the defendant has the present financial ability to secure competent legal representation and to provide all other necessary expenses of representation.
At the time of receipt of said application form, the Municipal Court Judge shall assess an application fee in an amount no greter than $200 upon each defendant who makes application for the service of the Public Defender. Thereafter, subsequent to a review of the application, the Municipal Court Judge may waive collection of this fee, in whole or in part, if the Judge determines, in his or her discretion, that this application fee represents an unreasonable burden on said defendant.