[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin 9-29-1993 by Ord. No. 15-93. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 119.
The Intermunicipal Court is abolished; Sections 2-10 through 2-10.5 are repealed in their entirety.
The court abolishment and ordinance repeal shall be effective December 31, 1993, at 11:59 p.m. and after due notice is given as set forth in § 23-3.
Notice of the repeal and abolishment of the Intermunicipal Court shall be given by notice to the Borough of Hamburg and the Township of Hardyston, the Administrative Office of the Court and the Assignment Judge of the Sussex/Morris Vicinage, in writing.
The Mayor and Council of the Borough of Franklin (hereinafter the "Borough Council"), in response to the disbanding of the Municipal Court of Franklin, Hamburg and Hardyston, desire to establish a single municipal court for the Borough of Franklin.
Pursuant to the provisions of N.J.S.A. 2B:8-1 et seq., the Municipal Court of the Borough of Franklin, Sussex County, is hereby established.
The Municipal Court shall have the seal bearing the impress of the name of the Court.
A. 
The Borough Council shall appoint a part-time Judge of Municipal Court who shall be an Attorney at Law of New Jersey. The Judge need not be a resident of the borough and shall serve for a term of three years from date of appointment or until a successor is appointed and qualifies.
B. 
The Judge shall have the jurisdiction, powers and duties prescribed by law under the Rules of Court.
There shall be an Administrator of the Municipal Court who shall be appointed by the Borough Council and who shall perform the functions and duties prescribed by law, the Rules of Court and by the Municipal Judge.
The Borough Council may appoint a Deputy Administrator of the Municipal Court, who shall perform the functions assigned by the Municipal Judge and by the Municipal Court Administrator.
A. 
There shall be a Municipal Prosecutor appointed by the Borough Council. The Municipal Prosecutor need not be a resident of the borough but shall be an Attorney at Law of New Jersey.
B. 
The Municipal Prosecutor shall have the jurisdiction, powers and duties prescribed by law and the Rules of Court.
[Added 12-27-1994 by Ord. No. 15-94; amended 12-23-1997 by Ord. No. 18-97]
A. 
A Municipal Public Defender shall be appointed by the Mayor and Borough Council and shall receive a salary, in lieu of any and all other compensation by the municipality as determined by the Mayor and Council, to be paid in the same manner as the salary of other municipal officers and employees. The Public Defender shall serve for a term of 1 year and may be reappointed at the pleasure of the Mayor and Council. The Municipal Public Defendant position is not a tenured position.
B. 
In the event there is a vacancy in the office of Municipal Public Defender or if the Municipal Public Defender is temporarily unavailable or a conflict of interest precludes the Municipal Public Defender from representing an indigent defendant, the Judge may appoint a qualified attorney to represent an indigent defendant. The attorney shall be entitled to compensation at the rate set forth by the Mayor and Borough Council in Chapter 119.
The township shall have a lien for any and all services provided by the Municipal Public Defender to an indigent defendant in an amount equal to the current rate assessed by the State Office of the Public Defender. The Municipal Attorney shall have full authority as provided by the state statutes to file and enforce the lien with the approval of the Mayor and Borough Council.