Borough of Dumont, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Dumont as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 488 (Ch. 14 of the 1970 Revised Ordinances)]

§ 16-1 Municipal Court continued.

The Municipal Court for the Borough, known as the "Municipal Court of the Borough of Dumont" as heretofore established, is hereby continued.

§ 16-2 Seal.

The Municipal Court shall have a Seal which shall bear the impress of the name of the Court.

§ 16-3 Appointment and term of Judge; vacancies.

[Amended 6-21-1994 by Ord. No. 1198]
There shall be a Judge of the Municipal Court who shall be appointed by the Mayor with the advice and consent of the Council for a term of three years from the date of his appointment and until his successor is appointed and qualified. He shall have the qualifications required by law. Any appointment to fill a vacancy not caused by the expiration of term shall be made for the unexpired term only.

§ 16-4 Salary of Judge.

The Judge of the Municipal Court shall receive an annual salary fixed by ordinance, to be paid in the same manner as the salaries of other municipal officers. Such salary shall be in lieu of all fees, costs and any other allowances whatsoever.

§ 16-5 Jurisdiction; powers; duties.

[Amended 6-21-1994 by Ord. No. 1198]
The Municipal Court and the Judge thereof shall have, possess and exercise all the functions, powers, duties and jurisdiction conferred by Chapter 12 of Title 2B of the New Jersey Statutes (N.J.S.A. 2B:12-1 et seq.) and the amendments thereof and supplements thereto or by any other applicable law of this state.

§ 16-6 Place and sessions of Court.

The Municipal Court shall be held in the Municipal Building of the Borough, or at such other place as is provided by the Borough, subject to the approval of the Administrative Director of the Courts. The Judge shall designate the days when sessions of the Court will be held and the hour thereof, in accordance with the New Jersey Court Rules applicable to the Municipal Court.

§ 16-7 Municipal Court Administrator and personnel; compensation.

[Amended 6-21-1994 by Ord. No. 1198]
In accordance with N.J.S.A. 2B:12-10, the governing body shall, by resolution, provide for a Municipal Court Administrator and other necessary clerical or other assistants for the Municipal Court, and provide for their compensation in accordance with law. The governing body may, by resolution, with the approval of the Supreme Court, designate an employee of the Borough, in addition to other duties, to serve as Municipal Court Administrator with or without additional compensation.

§ 16-8 Appointment and term of Borough Prosecutor; vacancies.

[Added 6-21-1994 by Ord. No. 1198]
There is hereby created the position of Prosecutor of the Borough of Dumont. The Prosecutor shall be appointed by the Mayor with the advice and consent of the Council. The term of office shall be for one year and shall expire on January 1 next following such appointment. Vacancies shall be filled for the unexpired term.

§ 16-9 Duties and salary of Borough Prosecutor.

[Added 6-21-1994 by Ord. No. 1198]
The duties of the Prosecutor shall be to prosecute such cases as are triable before the Municipal Court of the Borough of Dumont. The salary for the Prosecutor shall be as provided in the annual salary ordinance.

§ 16-10 Appointment and term of Borough Public Defender; vacancies.

[Added 6-21-1994 by Ord. No. 1198]
There is hereby created the position of Public Defender of the Borough of Dumont. The Public Defender shall be appointed by the Mayor, with the advice and consent of the Council. The term of office shall be for one year and shall expire on January 1 next following such appointment. Vacancies shall be filled for the unexpired term.

§ 16-11 Duties and salary of Borough Public Defender.

[Added 6-21-1994 by Ord. No. 1198]
The duties of the Public Defender shall be to defend such cases as designated by the Municipal Judge of the Dumont Municipal Court. The salary for the Public Defender shall be as provided in the Annual Salary Ordinance.

§ 16-12 Application fee for Public Defender.

[Added 6-21-1994 by Ord. No. 1198][1]
Any person applying for representation by the Public Defender shall pay an application fee not to exceed $200 to the Municipal Court. The Municipal Court Judge may waive any required application fee, in whole or in part, if in the Judge's discretion the application fee represents an unreasonable burden upon the person seeking representation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[Adopted 6-2-1998 by Ord. No. 1247]

§ 16-13 Appointment of Prosecutor and Public Defender.

A. 
The Mayor, with advice and consent of the Borough Council, shall appoint an attorney to conduct prosecutions for crimes and offenses cognizable by the Municipal Court of Dumont including violations of ordinances of the Borough, complaints of any department under state law, and for violations of rules and regulations duly promulgated by any department; provided, however, that he shall not be responsible for the prosecution of such crimes and offenses as are required by law to be prosecuted by the County Prosecutor.
B. 
The Mayor, with advice and consent of the Borough Council, shall appoint a Public Defender for defense of persons accused of crimes and offenses cognizable in the Municipal Court of Dumont. The Public Defender shall serve on an as-needed basis and only in defense of individuals meeting eligibility requirements established by the Office of the Public Defender in Bergen County.
C. 
Those persons applying for representation by the Municipal Public Defender shall pay an application fee of up to $200 at the time of presentation of an application for the Public Defender. The Municipal Court Judge may, however, in his discretion, waive any required application fee in whole or in part if the Judge determines, in his discretion, that the application fee represents an unreasonable burden on the person seeking representation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 16-14 Records and papers.

All papers, documents, memoranda, reports and other materials relating to the administration of the positions of Prosecutor and Public Defender shall be and remain the property of the Borough.

§ 16-15 Hours of employment and remuneration.

The Borough shall annually set the hours of employment and remuneration for the positions of Prosecutor and Public Defender.