[Amended 8-27-2003 by Ord. No. 828-03; 10-24-2007 by Ord. No.
942-07]
A.Â
Pursuant to the power and authority granted by N.J.S.A.
2B:12-1 et seq., there is hereby created and established a municipal
court for the Township of Clinton in the County of Hunterdon to be
known as the "Municipal Court of the Township of Clinton."
B.Â
The effective date for the creation of the Municipal
Court of the Township of Clinton shall be January 1, 2008; however,
nothing herein contained shall preclude the Township from entering
into agreements prior to January 1, 2008, for the sharing of municipal
court facilities and services; provided the sharing of those facilities
and services does not actually commence prior to January 1, 2008.
C.Â
Jurisdiction. The jurisdiction of the Municipal Court
of the Township of Clinton shall be coextensive with the territory
of the Township of Clinton, County of Hunterdon, State of New Jersey.
A.Â
There shall be a Municipal Court Judge to be appointed
by the Council, who shall serve for a term of three years from the
date of appointment and until a successor is appointed and qualified.
B.Â
The Municipal Court Judge shall have, possess and
exercise all the functions, duties, powers and jurisdiction conferred
by law or ordinance. He/She shall be an attorney-at-law of the State
of New Jersey and have all other qualifications as may be required
by law. Whenever the Municipal Court Judge is unable to sit as such,
he/she may designate any other judge of any New Jersey municipal court
to sit for him/her temporarily and hold the Municipal Court. Any such
designation shall be in writing and filed with the Court, and any
person so designated, while sitting temporarily, shall possess all
of the powers of the Municipal Court Judge.
C.Â
The Municipal Court Judge shall faithfully carry out
all of the duties and responsibilities of a municipal court judge
and shall abide by all rules and regulations established for municipal
court judges by the Administrative Office of the Courts for the State
of New Jersey.
D.Â
The Municipal Court Judge shall be compensated in
the manner established by the Municipal Salary Ordinance and Resolution
or as otherwise established according to law in the case of shared
municipal court facilities and services.
A.Â
Municipal Prosecutor. There shall be a Municipal Prosecutor
of the Municipal Court who shall prosecute cases in the Municipal
Court. The Municipal Prosecutor shall be appointed for a one-year
term commencing January 1 and ending December 31. The Municipal Prosecutor
shall be an attorney-at-law admitted to practice and in good standing
in the State of New Jersey. The Municipal Prosecutor shall be compensated
as provided for in the Municipal Salary Ordinance and Resolution,
or as otherwise established according to law in the case of shared
municipal court facilities and services.
B.Â
Municipal Court Administrator. There shall be an Administrator
of the Municipal Court who shall perform the functions and duties
prescribed for the Administrator by law, by the rules applicable to
municipal courts and by the Municipal Court Judge. The Administrator
shall be appointed as provided by law for a term of one year commencing
January 1 and ending December 31. The Administrator shall be compensated
as specified in the Municipal Salary Ordinance and Resolution or as
otherwise established according to the law in the case of shared municipal
court facilities and services. The Administrator's duties shall include
but not be limited to:
(1)Â
Carrying out the rules, regulations, policies and
procedures relating to the operation of the Court.
(2)Â
Interviewing and speaking to persons wishing to file
criminal or quasi-criminal complaints or wishing information in this
regard; receiving complaints and dispensing information relating to
Court matters.
(3)Â
Maintaining the financial records of the Court, including
receiving and accounting for fines and costs.
(4)Â
Attending Court; recording pleas, judgments and dispositions;
arranging trial calendars; signing Court documents; preparing and
issuing warrants and commitments and other Court-related documents.
(5)Â
Maintaining and classifying records and files of the
Court.
(6)Â
Maintaining, forwarding, receiving and reporting such
records, reports and files as required by the appropriate agencies.
(7)Â
Carrying out such additional duties as may be required
in order to fulfill the duties of Court Administrator.
C.Â
Public Defender. There shall be a Municipal Public
Defender who shall represent those defendants assigned by the Municipal
Court Judge. The Municipal Public Defender shall be an attorney-at-law
admitted to practice and in good standing in the State of New Jersey.
The Municipal Public Defender shall be appointed as provided by law
for a term of one year commencing January 1 and ending December 31.
The Municipal Public Defender shall be compensated as specified in
the Municipal Salary Ordinance and Resolution, or as otherwise established
according to law in the case of shared municipal court facilities
and services.
D.Â
Deputy Municipal Court Administrator. There may be
one or more Deputy Municipal Court Administrators of the Municipal
Court who shall be appointed as provided by law for one-year terms
commencing January 1 and ending December 31. The Deputy Municipal
Court Administrators shall perform the functions assigned to them
by the Municipal Judge and the Municipal Court Administrator. The
Deputy Municipal Court Administrators shall be compensated as specified
in the Municipal Salary Ordinance and Resolution, or as otherwise
established according to law in the case of shared municipal court
facilities and services.
(1)Â
Application
fee. A person applying for representation by the Municipal Public
Defender shall pay an application fee of $200. The application fee
may be waived by the Municipal Court, in whole or in part if the Court
in its discretion determines upon a clear and convincing showing by
the applicant that the application fee represents an unreasonable
burden on the applicant. The Municipal Court may permit an applicant
to pay the application fee over a specific period of time not to exceed
four months.
(2)Â
Investigation
of financial status. The Municipal Court shall make an investigation
of the financial status of each applicant and shall have the authority
to require an applicant to deliver and execute written requests of
authorizations required under the applicable law to provide the Court
with access to records of public or private sources, otherwise confidential,
as may be of aid in evaluating eligibility for the appointment of
a Municipal Public Defender
(3)Â
Fund
established. Pursuant to N.J.S.A. 2B:24-17, funds collected from the
application fee shall be deposited in a dedicated fund administered
by the Chief Financial Officer of the Township. The funds shall be
used exclusively to meet the costs incurred by the Township in providing
the services of the Municipal Public Defender, including, when required,
expert investigation and testimony.
(4)Â
Reimbursement
to Township; lien. Pursuant to N.J.S.A. 2B:24-12 and N.J.S.A. 2B:24-13,
if a defendant has, or reasonably expects to have, means to meet some
part, though not all, of the costs of the services rendered, the defendant
shall be required to reimburse the Township, and the Township shall
have a lien on any property to which the defendant shall have or acquire
an interest for an amount equal to the reasonable value of the services
rendered to the defendant as calculated at the same rate as the office
of the Public Defender bills clients at that time.
E.Â
Necessary clerical and other assistance. There may
be appointed such other clerical and other assistance as may be necessary
for the efficient operation of the Municipal Court. Such clerical
and other assistance shall be compensated as provided in the Salary
Ordinance and Resolution, or as otherwise established by law in the
case of shared municipal court facilities and services.
Subject to the provisions of N.J.S.A. 2B:12-1.c
regarding shared municipal court facilities and services, and N.J.S.A.
40:8A-1 et seq. regarding interlocal service agreements, the Township
may enter into agreements regarding the sharing of municipal court
facilities and services.