Township of Logan, NJ Article XII Department of Municipal Court

§ 4-55 Establishment; powers and duties; Judge; administration; Prosecutor; Public Defender.

There shall continue to exist within the Township of Logan a Municipal Court as established by ordinance on 10-19-1961 in accordance with the provisions of N.J.S.A. 2A:8-1. All employees of the Municipal Court shall be governed by the rules, regulations, and policies of the Township of Logan. The Court shall continue to be run pursuant to state statute and general law.

A. Court established. There is hereby established in and for the Township of Logan a Municipal Court in accordance with the provisions of N.J.S.A. 2A:8-1. The name of said court shall be "Municipal Court of the Township of Logan, County of Gloucester and State of New Jersey." The Municipal Court shall have a seal which shall bear the impress of the name of the Court.

B. Powers; duties; jurisdiction. The Municipal Court shall have, possess and exercise all the functions, powers, duties and jurisdiction of a municipal court as prescribed by N.J.S.A. 2A:8-1 et seq. as amended, or as may hereafter be prescribed by law.

C. Judge of the Municipal Court.

(1) The Judge of the Municipal Court shall have the qualifications required by law, shall be appointed by the Township Council and shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified.

(2) The Judge of the Municipal Court shall receive such annual salary as shall be fixed in the Salary Ordinance of this Township, as adopted and amended from time to time,[1] which salary shall be in lieu of fees, costs and any other allowances whatsoever.

[1] Editor's Note: The currently effective Salary Ordinance is on file in the office of the Municipal Clerk.

D. Disposition of costs, fees and fines. The costs and fees against defendants, when collected, shall become municipal funds and shall be turned over to the custodian of the funds of the municipality. The fines and penalties imposed in said Municipal Court shall be disposed of as prescribed by law.

E. Time and place convened. The Municipal Court shall be held in the Municipal Building, and the Judge of the Municipal Court shall sit during such hours and at such times as the business of the Court may require, subject to the rules applicable to municipal courts.

F. Court Administrator of the Municipal Court. There is hereby created the position of Court Administrator of the Municipal Court. The Court Administrator shall be appointed by the Township Council and, for his services, shall be paid such salary as shall be fixed for said office in the Salary Ordinance of this Township, as adopted and amended from time to time.[2] which salary shall be in lieu of fees, costs and any other allowance whatsoever.

[2] Editor's Note: The currently effective Salary Ordinance is on file in the office of the Municipal Clerk.

G. Deputy Court Administrator of the Municipal Court. There is hereby created the position of Deputy Court Administrator of the Municipal Court. The Deputy Court Administrator shall be appointed by the Township Council and, for his services, shall be paid such salary as shall be fixed for said office in the Salary Ordinance of this Township, as adopted and amended from time to time,[3] which salary shall be in lieu of fees, costs and any other allowance whatsoever.

[3] Editor's Note: The currently effective Salary Ordinance is on file in the office of the Municipal Clerk.

H. Municipal Prosecutor; qualifications and appointments. There is hereby created the office of Municipal Prosecutor. The Municipal Prosecutor shall be an attorney at law of the State of New Jersey in good standing and shall be appointed by the Township Council. He shall hold office for one year from January 1 of the year of his appointment and until his successor has been appointed and qualified.

(1) Duties of Prosecutor.

(a) It shall be the duty of the Municipal Prosecutor to attend each session of Municipal Court and prepare, process and prosecute all complaints before the court in behalf of the Township or its officials.

(b) When directed by the Township Council, the Municipal Prosecutor shall also defend any appeals taken from proceedings in the Municipal Court in cases where the Township or its officials have initiated the complaint. His compensation for defending such an appeal shall be fixed at the same amount as is fixed for Municipal Court appearances by this chapter.

(2) Compensation of Prosecutor. The Municipal Prosecutor, as full compensation for his services, shall receive such salary as shall be fixed for said office in the Salary Ordinance of the Township.[4]

[4] Editor's Note: The currently effective Salary Ordinance is on file in the office of the Municipal Clerk.

I. Public Defender.

(1) Office of Public Defender established. There is hereby established an office for the defense of indigent defendants charged with offenses involving serious fines, driver's license revocations or incarceration, to be known as the "Office of the Public Defender of the Township of Logan." The Public Defender shall be the Director of the Office of Public Defender of the Township of Logan. The Public Defender shall be an attorney at law of the State of New Jersey in good standing.

(2) Appointment of Public Defender; term; compensation. The Public Defender shall be appointed by the Township Council. The term of office of the Public Defender shall be for one year from January 1 to December 31 of the calendar year. The Public Defender shall receive as salary such sums as may be fixed and adopted by the Township Council in the annual Salary Ordinance.[5]

[5] Editor's Note: The currently effective Salary Ordinance is on file in the office of the Municipal Clerk.

(3) Vacancy. Any vacancy in the position of Public Defender shall be filled by appointment by the Township Council and shall be for the remainder of the unexpired term.

(4) Term defined. The definition of "indigent" shall be the same as that used by the Office of the Public Defender of the State of New Jersey for cases handled by its Gloucester County office.

(5) Duties.

(a) The Public Defender shall interview all indigent defendants qualifying for assistance as hereunder provided and shall defend the same in the Municipal Court of the Township of Logan only and not in any other court.

(b) The Judge of the Municipal Court may direct the Public Defender to defend indigents in matters other than those designated herein upon his finding that the nature of the offense, the defendant or the penalty would result in unusual harm or prejudice to the defendant if not afforded representation by the Public Defender.

(6) Determination of indigence. The Judge of the Municipal Court of the Township of Logan, pursuant to N.J.S.A. 2B:12-28(b), is authorized to make decisions as to which defendants are indigent, and after a determination is made, the Public Defender shall represent the defendant.

(7) Fee; waiver. The Court Administrator shall charge a fee of not more than $200 per application for a Public Defender. The Municipal Court may waive any required application fee, in whole or in part, if the Court determines, in its discretion, that the application fee represents an unreasonable burden on the person seeking representation.

[Amended 2-17-1998 by Ord. No. 2-1998]

(8) Payment or waiver required. No Municipal Public Defender shall be assigned unless the fee is first paid or waived, whichever is appropriate.

(9) Use of fee. The application fee shall be used to help defray the costs of hiring a Public Defender and the administrative costs of the Municipal Court of the Township of Logan.