[Ord. 8-20-1968]
There shall be a municipal court in the Township
known as the "Municipal Court of the Township of Bernards in the County
of Somerset" which shall have, possess and exercise all of the functions,
powers, duties and jurisdiction conferred by the provisions of Chapter
264 of the 1948 Laws of New Jersey, as amended and supplemented, or
by any other law. The Municipal Court shall have a seal bearing the
impress of the name of the Court.
[Ord. 8-20-1968]
There shall be a Municipal Judge appointed by
the Township Committee who shall serve for a term of three years from
the date of his appointment.
[Ord. 8-20-1968]
The Municipal Judge shall exercise the functions,
powers, duties and jurisdiction of the Municipal Court.
[Ord. 8-20-1968; New; Ord. #1019; Ord. #1962, 7-24-2007, amended]
There shall be a Municipal Court Administrator
and Senior Deputy Court Administrator appointed by the Township Committee.
The Municipal Administrator shall:
a.
Carry out the rules, regulations, policies and procedures
relating to the operation of the Court.
b.
Interview and speak to prospective complainants; receive
complaints and dispense information relating to Court matters.
c.
Maintain the financial records of the Court.
d.
Attend Court, take minutes of the trials and enter
them in the docket; arrange trial calendars; sign court documents;
prepare and issue warrants and commitments.
e.
Take and prepare bail bonds, making inquiry as to
their sufficiency and equity; receive and account for fines and costs.
f.
Interview persons on informal police court matters
to determine if there is a basis for formal action and, if necessary,
issue summonses requiring court appearances in this regard; maintain
and classify records and files.
g.
The Senior Deputy shall act under the direction of
the Court Administrator in his or her absence.
[Ord. #1289, 12-9-1997, added]
a.
The Township Committee shall appoint a Municipal Public
Defender to represent indigent defendants as set forth in N.J.S.A.
2B:12-28. The Municipal Public Defender shall be an attorney at law
of New Jersey in good standing and shall serve for a term of one year
from the date of his or her appointment.
b.
The Municipal Public Defender shall receive compensation
on an annual basis as established by the Township Committee.
c.
The Municipal Public Defender shall represent indigent
defendants on the basis of need as determined by the Municipal Judge
according to N.J.S.A. 2A:158A-14 and guidelines promulgated by the
New Jersey Supreme Court and as provided by N.J.S.A. 2B:12-28 et seq.
d.
A person applying for representation by a Municipal
Public Defender shall pay an application fee not to exceed $200. The
amount of the application fee shall be determined by resolution of
the Township Committee and may be redetermined annually, if necessary,
in an amount which is projected to produce aggregate fees during the
Township's budget year that will not exceed the annual cost of providing
Municipal Public Defender services, including costs incurred in providing
such services. The Municipal Court may waive the application fee in
whole or in part in accordance with N.J.S.A. 2B:24-17. The Municipal
Court Judge may waive the application fee if he or she determines,
in his or her 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 Judge may
permit a person to pay the application fee over a specified period
of time, not to exceed four months.
