[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-16-1975 by Ord. No. 1046 as Sec. 2-19 of the Revised General Ordinances]
There is hereby established pursuant to the provisions of N.J.S.A. 2B:12-1 et seq. a court within the Borough, to be known as the "Municipal Court of the Borough of Bergenfield."
The Municipal Court shall have a seal which shall bear the impress of the name of the Court.
There shall be a Municipal Judge of the Municipal Court, who shall be appointed by the Mayor with the advice and consent of the Council. He shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified.
[Amended 8-10-1999 by Ord. No. 2242]
The Municipal Court and Municipal Judge thereof shall have and exercise all the functions and powers, duties and jurisdiction conferred by the provisions of the above-mentioned statutory provisions, as amended and supplemented, or provided by any other law.
[Added 8-10-1999 by Ord. No. 2242]
In the event that any person appearing before the Municipal Court of the Borough of Bergenfield applies for representation by the Municipal Public Defender or court approved counsel, it shall be a requirement for such appointment that any such person applying for representation by a Municipal Public Defender or court approved counsel shall pay an application fee of $200 to the Municipal Court of the Borough of Bergenfield, except in accordance with guidelines promulgated by the New Jersey Supreme Court. The Municipal Court of the Borough of Bergenfield may waive any required application fee, in whole or in part, if the Court determines in its discretion, upon a clear and convincing showing by the applicant, that the application fee represents an unreasonable burden on the person seeking representation. The Municipal Court may permit a person to pay the application fee over a specific period of time, not to exceed 60 days.
There shall be a Clerk of the Municipal Court who shall be appointed in accordance with civil service rules and regulations 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. 
Issuing summonses requiring Court appearances; maintaining and classifying records and files.
[Adopted 12-16-1975 by Ord. No. 1046 as Sec. 2-17 of the Revised General Ordinances]
Pursuant to N.J.S.A. 40A:60-6, there is hereby created in the Borough the office of Public Defender, in the Municipal Court of the Borough. The Public Defender shall be appointed by the Mayor and Council to serve for a term of one year beginning January 1 in the year of his appointment and to serve until a successor is appointed and qualifies. The Public Defender shall not be required to be a resident of the Borough.
The Public Defender shall give legal representation to indigent defendants in the Municipal Court when the defendant is charged with an offense, the conviction for which carries the possibility of a sentence of incarceration or substantial loss of driving privileges in the State of New Jersey. Classification of a defendant as indigent and the requirement that he be represented shall be in accordance with and pursuant to the laws of the State of New Jersey and the rules established by the Supreme Court of New Jersey and the Administrative Office of the Courts of the State of New Jersey.
The Public Defender shall not receive a fixed salary but shall be paid such retainer and such fees and charges as shall be determined to be reasonable and as may be agreed upon and authorized by the Mayor and Council.