[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)]
The Municipal Court for the Borough, known as
the "Municipal Court of the Borough of Dumont" as heretofore established,
is hereby continued.
The Municipal Court shall have a Seal which
shall bear the impress of the name of the Court.
[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.
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.
[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.
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.
[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.
[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.
[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.
[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.
[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.
[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.
[Adopted 6-2-1998 by Ord. No. 1247]
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]
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.
The Borough shall annually set the hours of
employment and remuneration for the positions of Prosecutor and Public
Defender.
