[HISTORY: Adopted by the Borough Council of the Borough of Branchville 10-3-2018 by Ord. No. 09-2018[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 7, Municipal Court, which consisted of Art. I, Municipal Court of Frankford, Lafayette, Branchville, Sandyston and Montague, adopted 10-17-2007 by Ord. No. 05-2007, and Art. II, Municipal Public Defender, adopted 2-4-1998 by Ord. No. 1-98.
There is hereby established a Municipal Court which shall be known as the "Municipal Court of Wantage Township, Sussex Borough, Stillwater Township, and Branchville Borough (hereinafter, the "Municipal Court").
The Municipal Court shall have a seal bearing the name of the Municipal Court.
The Municipal Court shall have jurisdiction as is now or shall hereafter be confirmed upon it by law, and the practice and procedure of said Municipal Court shall be governed by the law in such cases made and provided and such rules as the Supreme Court shall promulgate and make applicable to said Court.
A. 
The Municipal Court will have one judge who will be known as the Judge of the Municipal Court of Wantage Township, Sussex Borough, Stillwater township and Branchville Borough (the "Judge"). Gubernatorial appointment of the Judge shall be made pursuant to N.J.S.A. 2B:12-4(b). Until such time as the gubernatorial appointment can be made, the Assignment Judge of Morris/Sussex Vicinage may appoint the Judge of the Municipal Court.
B. 
The Judge shall receive such salary as determined under the agreement of the four municipalities, which agreement is referred to in § 7-7 of this article.
A. 
The Municipal Court will have one Court Administrator and such other necessary clerical or other assistants as determined by the governing body of Wantage Township. The salary of the Court Administrator and other Court personnel will be fixed by the governing body of Wantage Township.
B. 
The Municipal Court will have a single prosecutor and such alternates appointed by the governing body of the Township of Wantage who will be known as the "Prosecutor of the Municipal Court of Wantage Township, Sussex Borough, Stillwater Township and Branchville Borough" (the "Prosecutor"). The Prosecutor and alternates will receive such salary and will serve for such term fixed by appointment by the governing body of Wantage Township.
C. 
The Township of Wantage shall be the sole employer of the Court Administrator, Judge, Prosecutor and any other clerical staff or assistants necessary for the operation of the Municipal Court and shall be solely responsible for all personnel decisions regarding Municipal Court staff during the term of this agreement.
Subject to § 7-16, this article will be effective on November 1, 2018, after passage and publication as required by law.
The rights and obligations of the participating municipalities with respect to the Municipal Court shall be in accordance with the shared services agreement attached to this article as Exhibit A,[1] and the adoption of this article shall constitute acceptance by ratification of the aforesaid agreement by the Borough and authorization for the Mayor to execute the agreement on behalf of the Borough.
[1]
Editor's Note: Said agreement is on file in the Borough offices.
A Municipal Court Committee will be appointed to act as a liaison between the Court personnel and the governing bodies. The Mayor of each municipality will appoint one representative to the Committee. The Municipal Court Committee will meet from time to time or order to assure that there is cooperation and communication in all matters relating to the new Court.
On the effective date of this article (as above provided), the Borough of Branchville will have withdrawn from and will be deemed to have withdrawn from the Municipal Court of Frankford, Lafayette, Branchville, Sandyston and Montague. On the effective date of this article, all provisions of Chapter 7 of the Code of the Borough of Branchville that are inconsistent with the provisions of this new article are hereby rescinded.
There is hereby established the position and office of the Municipal Public Defender for the Municipal Court, which position shall be filed through the appointment by the governing body of Wantage Township.
Eligibility for services of the Municipal Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant, except as otherwise provided by state law. The need shall be measured according to N.J.S.A. 2A:158A-14 and guidelines promulgated by the New Jersey Supreme Court.
Compensation for the Municipal Public Defender and the payment terms thereof shall be set by ordinances of the participating municipalities, following determination of said compensation by the governing body of Wantage Township.
Any person who applies for representation by the Municipal Public Defender, or a Court-approved counsel, shall pay an application fee of $200 for the services of the Municipal Public Defender. In accordance with guidelines promulgated by the Supreme Court, the Municipal Court 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 person seeking representation. The Municipal Court may permit a person to pay the application fee over a specific period of time not to exceed four months.
Application fees collected pursuant to this article shall be dedicated to a fund administered by the Court Administrator of the Municipal Court. The monies in said fund shall be used exclusively to meet the cost incurred by the municipalities in providing the services of the Municipal Public Defender and, when required, for expert and lay investigation and testimony requested by the Public Defender.
The position and office of the Municipal Public Defender shall be deemed to have been created on the effective date of this article.
This article will be effective only after identical ordinances have been passed by the governing bodies of the Township of Wantage, Borough of Sussex, and the Township of Stillwater, and upon proper publication and completion of all procedures required under the law.