Borough of Spring Lake, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Spring Lake by Ord. No. 347 (§ 2-24 of the Revised General Ordinances). Amendments noted where applicable.]
There is hereby established in the Borough of Spring Lake, pursuant to N.J.S.A. 2B:12-1, as amended and supplemented, a Municipal Court which shall be entitled the "Municipal Court of the Borough of Spring Lake."
The Municipal Court of the Borough of Spring Lake shall have a seal which shall bear the impress of the name of the Court.
The Judge of the Municipal Court shall be appointed by the Mayor and confirmed by Council. The Judge of the Municipal Court shall serve for a term of three years from the date of the appointment and until his successor is appointed and qualified. Any appointment to fill a vacancy caused other than by expiration of term shall be made for the unexpired term only.
The Municipal Court shall have, possess and exercise all the functions, powers, duties and jurisdiction, both territorial and subject matter, in such matters as conferred upon the Court pursuant to N.J.S.A. 2B:12-1 et seq., as amended and supplemented, and by any other acts of the State Legislature.
The salary of the Municipal Court Judge shall be an annual salary as established by the Borough Salary Ordinance.
The Mayor and Council shall, provide for a Municipal Court Administrator, Deputy Court Administrator, and, any other necessary clerical and other assistants as may be required for the Municipal Court. Compensation for the Municipal Court Administrator, Deputy Court Administrator and other Court personnel shall be established by the Borough Salary Ordinance.
A. 
The Municipal Prosecutor shall be appointed by the Mayor and affirmed by the Council. The Municipal Prosecutor shall serve for a term of one year from the date of his appointment and until his successor is appointed and qualified. The appointment shall be made at the annual reorganization meeting in January of each year. If a vacancy occurs during the course of the year, any appointment shall be for the balance of the unexpired year.
B. 
The Municipal Prosecutor shall appear at all Court sessions and prosecute all complaints presented by the Police Department of the Borough of Spring Lake, and any other complaints as required by law.
C. 
The salary of the prosecutor shall be his annual salary as established by the Borough Salary Ordinance.
A. 
The Municipal Public Defender shall be appointed by the Mayor and affirmed by the Council. The Municipal Public Defender shall serve for a term of one year from the date of his appointment and may continue to serve in office pending reappointment or appointment of a successor. The appointment shall be made at the annual reorganization meeting in January of each year. If a vacancy occurs during the course of the year, any appointment shall be for the balance of the unexpired year.
B. 
The Municipal Public Defender shall be an attorney-at-law of the State of New Jersey in good standing, and shall have and possess the qualifications to exercise all of the functions, duties, powers and jurisdictions of a public defender as provided by general law and ordinance and shall appear at the Municipal Court of the Borough of Spring Lake at such time and such manner as designated by the Judge of the Municipal Court of the Borough of Spring Lake.
C. 
The Municipal Public Defender shall represent an indigent defendant charged in Municipal Court with a crime as specified in N.J.S.A. 2B:12-18 or, if in the opinion of the Municipal Court, there is a likelihood that the defendant, if convicted, of any other offense will be subject to imprisonment, or other consequence of magnitude.
D. 
Eligibility for services of the Municipal Public Defender shall be determined by the Municipal Court on the basis of need of the defendant. Need shall be measured according to the provisions of N.J.S.A. 2A:158A-14 and guidelines promulgated by the New Jersey Supreme Court.
E. 
The Municipal Public Defender shall not represent any person before the Municipal Court of the Borough of Spring Lake unless such person signs a reimbursement agreement obligating such person to reimburse the Borough of Spring Lake for costs incurred by the Borough in compensating the Public Defender if such person becomes capable of paying any or all or those costs. An indigent defendant making application for the services of the Municipal Public Defender shall pay an application fee of not more than $200.
F. 
The Municipal Public Defender shall be compensated on an hourly, per diem, annual, or other basis, as shall be established from time to time by ordinance duly adopted by the Borough Council.