[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.