[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.
