[HISTORY: Adopted by the Mayor and Council
of the Borough of Hopatcong 6-1-2011 by Ord. No. 14-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 13,
Court, Municipal, adopted 11-2-1967 as Ch. 44 of the 1967 Code, as
amended.
Pursuant to the provisions of N.J.S.A. 2B:12-1 et seq., the
Shared Municipal Court of the Boroughs of Hopatcong and Stanhope is
hereby established. The Municipal Court shall have an official seal
which shall bear the impress of the name of the court.
The Shared Municipal Court of the Borough of Hopatcong and Stanhope
shall have jurisdiction of the following offenses occurring within
the Borough of Hopatcong and/or the Borough of Stanhope, in the County
of Sussex:
A.
Violations of the motor vehicle and traffic laws.
B.
Violations of the fish and game laws.
C.
Violations of the ordinances of the Boroughs of Hopatcong and the
Borough of Stanhope, in the County of Sussex.
D.
Violations of the disorderly persons offenses under Title 2C of the
N.J.S.A.
E.
For such other violations as the Legislature of the State of New
Jersey, by statute, may from time to time confer upon the municipal
courts.
A.
The Mayor and Council of the Borough of Hopatcong shall appoint a
part-time Judge of the Municipal Court who shall be an attorny-at-law
of New Jersey and shall have the qualifications required by law and
shall serve for a term of three years from the date of his/her appointment
and until his/her successor has been appointed and has qualified.
B.
The compensation of the Judge shall be such annual salary as is now
or hereinafter may be provided by ordinance, which salary shall be
in lieu of any and all other fees.
C.
The Magistrate appointed as aforesaid shall, before entering upon
the duties of this office, take and subscribe an oath substantially
in the same manner as provided for in N.J.S.A. 2B:1-1 et seq.
The costs and fees charged against defendants, when collected,
shall become municipal funds and shall be turned over to the Treasurer
of the Borough of Hopatcong or the Borough of Stanhope based upon
where the complaint originated and applicable law. The amount of any
such fees and costs shall be as provided in applicable statutes. The
fines and penalties imposed in this Court shall be disposed of as
provided by law.
There shall be a Municipal Court Administrator who shall be
appointed by the Mayor and Council of the Borough of Hopatcong and
who shall serve for a term of one year from the date of his/her appointment
and until a successor has been appointed and is qualified.
There shall be a municipal prosecutor appointed by the Mayor
and Council of the Borough of Hopatcong. The municipal prosecutor
shall have the jurisdiction, powers and duties prescribed by N.J.S.A.
2B:25-1 et seq.
A.
Position created. Pursuant to N.J.S.A. 2B:24-1 et seq. the Shared
Court shall employ the services of an attorney at law of the State
of New Jersey, to be referred to as the "Municipal Public Defender"
to provide for the representation of persons entitled by law to the
appointment of counsel in the Municipal Court.
B.
Appointment; term; compensation. The appointment of the Municipal
Public Defender shall be by the Mayor of the Borough of Hopatcong
with the advice and consent of the Hopatcong Borough Council. The
appointment shall be made annually and shall run for the remainder
of the calendar year of appointment. At the expiration of term of
office, the Municipal Public Defender may continue to serve in office
pending reappointment or appointment of a successor. The appointment
shall be by resolution of the Mayor and Council setting a fixed fee
to be paid in installments as a professional service contract without
bidding, pursuant to N.J.S.A. 40A:11-1 et seq.
C.
Responsibilities. The Municipal Public Defender shall be responsible
to conduct the legal representation of indigent defendants who have
been assigned to the Municipal Public Defender by the Municipal Court
Judge, following a review by the Court of the charges against the
defendant, any possible consequence of magnitude and the financial
condition of the defendant.
D.
Fee for service; waiver. Any individual defendant in the Municipal
Court applying for the services of the Municipal Public Defender shall
pay a fee to be established by the Court in an amount not to exceed
$200; provided, however, that the Municipal Court Judge, in his discretion,
may waive all or any portion of said fee if, in the opinion of the
Municipal Court Judge and for reasons placed on the record of the
proceedings, the application fee constitutes an unreasonable burden
on the individual seeking representation.
The Municipal Court Judge shall have and exercise all the authority
of a committing judge; provided, that where a person is charged with
an indictable offense, said Municipal Court shall not discharge the
person charged without first having given the County Prosecutor notice
and an opportunity to be heard in the case.
