[HISTORY: Adopted by the Township Committee of the Township of Freehold by Ord. No. 7 (§ 2-15 of the Revised General Ordinances), as amended through Ord. No. O-00-21. Subsequent amendments noted where applicable.]
[Amended 5-24-2022 by Ord. No. O-22-8]
There shall be a Municipal Court in the Township pursuant to the provisions of N.J.S.A. 2B:12-1 et seq., to be known as the "Municipal Court of the Township of Freehold, Monmouth County." The Municipal Court shall have a seal bearing the impress of the name of the Court. The Court shall be held at the Municipal Justice Complex or such other place as the Township Committee shall designate, and shall exercise all the functions, powers, duties and jurisdiction conferred upon municipal courts by law.
A. 
There shall be a Municipal Judge of the Municipal Court appointed by the Township Committee. The Municipal Judge shall serve for a term of three years from the date of appointment and until a successor shall be appointed and qualifies.
B. 
The Municipal Judge shall have and possess the qualifications and shall have, possess and exercise all the functions, duties, powers and jurisdiction conferred by law or ordinance. The Municipal Court Judge need not be a resident of the Township, but shall be an attorney at law of the State of New Jersey. Whenever the Municipal Judge shall be unable to sit as such the Judge may designate any other judge of any Municipal Court that meets the approval of the Monmouth County Assignment Judge and hold the Municipal Court. Any such designation shall be made in writing and shall be filed in the Court and any person so designated, while sitting temporarily, shall possess all the powers of the Municipal Judge.
[Amended 5-24-2022 by Ord. No. O-22-8]
[Amended 5-24-2022 by Ord. No. O-22-8]
There shall be an Administrator of the Municipal Court who shall be appointed by the Municipal Administrator in accordance with civil service guidelines, and who shall perform the functions and duties prescribed for him/her by law, the rules of court applicable to Municipal Courts, and by the Municipal Judge. The Municipal Court Administrator shall be entitled to the tenure rights afforded by N.J.S.A. 2A:8-13.3. He/she must either be certified as a Municipal Court Administrator pursuant to N.J.S.A.2B:12-11, or be in a position to hold such certification within six months of their appointment to the position pursuant to New Jersey Court Rule 1:41-3. His/her 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 that regard; receiving complaints and dispensing information relative 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.
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. 
Interviewing persons on informal Municipal court matters to determine if there is a basis for formal action and, if necessary, issuing summonses requiring Court appearances, maintaining and classifying records and files.
G. 
Maintaining, forwarding, receiving and reporting such records, reports and files as are required by the State Director of Motor Vehicles.
[Amended 5-24-2022 by Ord. No. O-22-8]
The Municipal Administrator may appoint a Deputy Municipal Court Administrator and such other clerks who shall perform the functions assigned to him/her by the Municipal Judge and by the Municipal Court Administrator.
There shall be one or more Municipal Court Prosecutors appointed by the Township Committee. When more than one Municipal Court Prosecutor is appointed, one shall be designated as "Chief Municipal Prosecutor" by the Township Committee. The Municipal Court Prosecutor shall serve for a term of one year from the date of appointment until the successor shall be appointed and qualified. The Municipal Court Prosecutor shall be an attorney at law of the State of New Jersey and shall provide all necessary and desirable legal counsel and advice requested for the preparation and prosecution of cases and perform such other duties as are provided for in N.J.S.A. 2B:25-1 et seq.
A. 
There shall be a Municipal Court Public Defender appointed by the Township Committee. The Municipal Court Public Defender shall serve for a term of one year from the date of appointment and until the successor shall be appointed and qualifies. The Municipal Court Public Defender shall be an attorney at law of the State of New Jersey and shall provide all necessary and desirable legal counsel and advice required for the defense of cases in the Municipal Court of the Township on behalf of those indigent defendants who are entitled by law to appointment of counsel.
B. 
A person applying for representation by the Municipal Court Public Defender shall be required to pay an application fee of $200. The Municipal Court may waive the 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 charge for production of discovery documents will be in compliance with the fee schedule detailed in N.J.S.A. 47:1A-1.