[HISTORY: Adopted by the Township Committee
of the Township of Bethlehem 12-20-1990 by Ord. No. 235-1-90; amended in its entirety 12-16-2010 by Ord. No. 395-2010.
Subsequent amendments noted where applicable.]
There is hereby created a Joint Municipal Court consisting of
the following members: the Township of Bethlehem and the Borough of
Bloomsbury, all located in Hunterdon County (the members herein).
The name of the Joint Municipal Court shall be the "Joint Municipal
Court of the Township of Bethlehem and Borough of Bloomsbury" (the
Joint Municipal Court herein).
The jurisdiction of the Joint Municipal Court shall be coextensive
with the territory of the Township of Bethlehem and the Borough of
Bloomsbury. Upon the effective date, all municipal courts heretofore
existing in Bloomsbury and Bethlehem are hereby abolished and their
functions, powers and duties, records, property and pending cases
shall be transferred to the Joint Municipal Court, which shall exercise
all the powers, duties and jurisdiction conferred by law upon a municipal
court.
A. There
shall be a Municipal Judge appointed as provided by law in the case
of a Joint Municipal Court. The Municipal Judge shall serve for a
term of three years from the date of appointment and until a successor
shall be appointed and qualified.
B. The
Municipal Judge shall have and possess the qualifications and exercise
all the functions, duties, powers and jurisdiction conferred by law
or ordinance. The Municipal Judge shall be an attorney at law of the
State of New Jersey. Whenever the Municipal Judge is unable to sit
as such, he or she may designate any other judge of any municipal
court to sit for him or her temporarily and hold the Joint Municipal
Court. Any such designation shall be in writing and filed with the
Court, and any person so designated, while sitting temporarily, shall
possess all of the powers of the Municipal Judge.
C. The
Municipal Judge shall faithfully carry out all of the duties and responsibilities
of a Municipal Judge and shall abide by all rules and regulations
established for joint municipal courts and judges by the Administrative
Office of the Courts.
There shall be a Municipal Prosecutor of the Joint Municipal
Court who shall prosecute cases in the Joint Municipal Court, except
each member, at its discretion, may appoint a prosecutor for all or
particular zoning matters. The Municipal Prosecutor shall be appointed
by Bethlehem Township.
There shall be an Administrator of the Joint Municipal Court
who shall perform the functions and duties prescribed for the Administrator
by law, by the rules applicable to municipal courts and by the Municipal
Judge. The Administrator shall be appointed by Bethlehem Township.
The Administrator's duties shall include but not be limited to:
A. Carrying
out the rules, regulations, policies and procedures relating to the
operation of the Court.
B. Interviewing
and speaking to persons wishing to file criminal complaints or wishing
information in this regard; receiving complaints and dispensing information
relating to Court matters.
C. Maintaining
the financial records of the Court.
D. Attending
Court; recording pleas, judgments and dispositions; arranging trial
calendars; signing Court documents; preparing and issuing warrants
and commitments and other Court-related documents.
E. Taking
and preparing bail bonds, recognizances and security in lieu thereof;
making inquiry concerning their sufficiency and equity; receiving
and accounting for fines and costs.
F. Maintaining
and classifying records and files of the Court.
G. Maintaining,
forwarding, receiving and reporting such records, reports and files
as required by the Director of the Division of Motor Vehicles.
H. Carrying
out such additional duties as may be required in order to fulfill
the duties of Court Administrator.
There may be one or more Deputy Administrators of the Joint
Municipal Court, who shall be appointed by Bethlehem Township. Deputy
Municipal Court Administrators shall perform the functions assigned
to them by the Municipal Judge and the Municipal Court Administrator.
There may be appointed clerical and other assistance for the
Joint Municipal Court as recommended by the Municipal Judge and approved
by Bethlehem Township.
Bethlehem Township shall appoint an auditor for the Joint Municipal
Court who shall be a registered municipal accountant. The auditor
shall perform a yearly audit of the Joint Municipal Court, which audit
shall be prepared generally in accordance with the requirements of
the Local Fiscal Affairs Law, N.J.S.A. 40A:5-1 et seq., and shall
be completed no later than May 31 of each year.
Any member of the Joint Municipal Court may withdraw effective
at the end of any calendar year during the Court's operation;
provided, however, that the member has given the Joint Municipal Court
and each member thereof three months' written notice of its intention
to withdraw.
The Municipal Judge shall prepare or have prepared a budget
for the Joint Municipal Court, which shall be submitted to the governing
body of each member by October 1 of each year. The budget shall set
forth an estimate of all expenses and revenues for the upcoming calendar
year and shall be in a form that is consistent with municipal budgets.
By January 1 of each year, each member shall adopt a resolution approving
the budget. If the budget is not unanimously approved by that date
by each member, then a meeting or meetings shall be held between the
members or a committee appointed by the members and the Municipal
Judge and a budget agreeable to all members and the Municipal Judge
shall be developed and submitted to each member for approval on or
before January 15 of each year. No personnel or staff may be appointed
or expenditure authorized for the Joint Municipal Court unless provided
for in the Joint Municipal Court budget or by emergency appropriation
by all members or by budget changes of all members adopted in compliance
with state law.
Insurance coverage and/or bonds shall be obtained that protects
the Joint Municipal Court and its personnel from claims against it
arising out of or in the nature of workers' compensation, bodily
injury, property damage, personal injury, civil rights, violations,
defalcations by Court personnel and such other coverages as may be
necessary. The coverage may be provided either through policies issued
to the member or through separate policies issued to the Joint Municipal
Court. Bethlehem Township and Bloomsbury Borough, on behalf of the
Joint Municipal Court, shall continue to provide liability insurance
which protects the Joint Municipal Court's employees and/or facilities.
The governing bodies of the Township of Bethlehem and the Borough
of Bloomsbury are hereby authorized to enter into contract with each
other pursuant to the Uniform Shared Services and Consolidation Act,
N.J.S.A. 40A:65-1 et seq.
This chapter shall be effective upon passage and publication
in accordance with law, by all members, and the Joint Municipal Court
shall commence operation on March 1, 2010.
A. Office created. There shall be a Municipal Public Defender appointed
as provided by law in the case of a joint municipal court. The Municipal
Public Defender shall serve the Joint Municipal Court. The Township
of Bethlehem shall execute an intermunicipal agreement to effectuate
the establishment of the office of the Municipal Public Defender and
provisions set forth in this section.
B. Qualifications. The Municipal Public Defender shall be an attorney
at law of the State of New Jersey but need not be a resident of the
township.
C. Term of office. The term of office of the Municipal Public Defender
shall be for an initial term commencing March 22, 1998, and terminating
on December 31, 1998. Following expiration of the initial term, the
term of office shall be for one-year commencing on January 1 and terminating
on December 31. The Municipal Public Defender may continue to serve
in office pending reappointment or appointment of a successor.
D. Duties. It shall be the duty of the Municipal Public Defender to
represent, except in the case of temporary unavailability or conflict
of interest, any defendant charged with a crime as specified in N.J.S.A.
2B:12-18 or if, in the opinion of the Joint 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.
Other duties are as set forth in the statute governing municipal public
defenders.
E. Salary. The Municipal Public Defender shall receive compensation
as set forth in the intermunicipal agreement between the Township
of Bethlehem and the Borough of Bloomsbury regarding the Municipal
Public Defender. The intermunicipal agreement shall also provide for
the terms of payment of additional compensation, if any, for any interlocutory
appeals in the Superior Court.
F. Municipal Public Defender application fee; waiver. Each individual
applying for representation by the Municipal Public Defender shall
be required to pay an application fee of $200, provided that such
amount shall not exceed the amount necessary to pay the cost of the
Municipal Public Defender services. The Municipal Court Judge may
waive any required application fee, in whole or in part, only 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 party seeking representation.
G. Dedicated fund. The funds collected pursuant to §
10-15F above shall be deposited in a dedicated fund administered pursuant to the intermunicipal agreement between the Township of Bethlehem and the Borough of Bloomsbury regarding the Municipal Public Defender. Such funds shall be used exclusively to meet the cost incurred in providing the services of a Municipal Public Defender, including, when required, expert and lay investigation and testimony.
H. Investigation of financial status of defendant. With respect to each
defendant entitled to and seeking representation by the Municipal
Public Defender, the Joint Municipal Court shall make an investigation
of the financial status of each defendant, and/or the defendant's
legal guardians or parents if the defendant is under the age of 18
years. The investigation shall include the authority to require a
defendant, and/or the defendant's legal guardians or parents
if the defendant is under the age of 18 years, to execute and deliver
written requests or authorizations required under applicable law to
provide the Court with access to records of public or private sources,
otherwise confidential, as may be of aid in evaluating eligibility.
I. Collection. The Attorney for the Township of Bethlehem shall be permitted,
in the name of the Township of Bethlehem, to collect any money due
to the Township of Bethlehem by way of reimbursement for services
rendered by a Municipal Public Defender as provided by law.