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, which salary shall be in lieu of fees, costs and any other
allowances whatsoever.
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. which salary shall be in lieu of fees, costs and any other
allowance whatsoever.
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, which salary shall be in lieu of fees, costs and any other
allowance whatsoever.
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.
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.
(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.