There shall be a Municipal Court in the Borough
pursuant to the provisions of N.J.S.A. 2A:8-1, to be known as the "Municipal Court of the Borough of
Upper Saddle River, Bergen County." The Municipal Court shall have
a seal bearing the impress of the name of the Court. The Court shall
be held in the Borough Hall or such other place as the Borough Council
designates from time to time and shall exercise all the functions,
powers, duties and jurisdiction conferred upon municipal courts by
law.
There shall be a Municipal Judge of the Municipal
Court appointed by the Mayor with the advice and consent of the Borough
Council, who shall serve for a term of three years from the date of
appointment and until a successor is appointed and qualifies. The
Municipal Judge shall have and possess the qualifications and shall
have, possess and exercise all the functions, duties, powers and jurisdiction
conferred by law or ordinance.
There shall be a Clerk of the Municipal Court,
who shall be appointed by the Mayor and Council and who shall perform
such functions and duties as shall be prescribed for him by law, the
rules applicable to municipal courts and by the Municipal Judge. His
duties shall include but not be limited to:
A. Carrying out the rules, regulations, policies and
procedures relating to the operations of the court.
B. Interviewing and speaking to prospective complainants;
receiving complaints and dispensing information relating to court
matters.
C. Maintaining the financial records of the court.
D. Attending court, taking minutes of the trials and
entering them in the docket; arranging trial calendars; signing court
documents; preparing and issuing warrants and commitments.
E. Taking and preparing bail bonds; making inquiry as
to their sufficiency and equity; receiving and accounting for fines
and costs.
F. Interviewing persons on informal police court matters
to determine if there is a basis for formal action and, if necessary,
issuing summonses requiring court appearances in this regard; maintaining
and classifying records and files.
[Added 6-14-2000 by Ord. No. 8-00]
A. Creation of office. There is hereby created the office
of Municipal Public Defender of the Borough of Upper Saddle River.
B. Duties of Municipal Public Defender. The Municipal
Public Defender shall provide for the legal representation of any
person charged with a motor vehicle or disorderly persons offense
or with the violation of any law, ordinance or regulation of a penal
nature where there in a likelihood that the person so charged, if
convicted, will be subject to imprisonment or, in the opinion of the
court, any other consequence of magnitude, where defendant is deemed
to be indigent and does not have the present financial ability to
secure competent legal representation as provided by law. The Judge
of the Municipal Court shall determine whether a defendant satisfies
the criteria in order to provide representation to be rendered by
the Municipal Public Defender.
C. Appointment; term of office. The Municipal Public
Defender shall be appointed by the Mayor with the advice and consent
of the Council. He shall serve for a term of one year and until his
successor shall have been appointed and qualified.
D. Fees. The Municipal Public Defender shall receive
a fee as set forth in the annual budget of the Borough of Upper Saddle
River.
[Added 6-14-2000 by Ord. No. 8-00]
In the event that a person appearing before
the Municipal Court of the Borough of Upper Saddle River applies for
representation by the Municipal Public Defender, such person shall
be required to pay an application fee of $200. Such fee shall be required
to be paid upon application or within the discretion of the Municipal
Court Judge, over a period not to exceed four months. The Municipal
Court Judge shall have the right to waive the application fee, in
whole or in part, if the Municipal Court Judge determines, in his
or her discretion, that the application fee represents an unreasonable
burden on the person seeking such representation.