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are repealed in their entirety.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.
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.
[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.