[HISTORY: Adopted by the Mayor and Council
of the Borough of Hopatcong 5-3-2023 by Ord. No. 5-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 13,
Court, Municipal, adopted 6-1-2011 by Ord. No. 14-2011.
A.Â
Creation of Court. There has been created a Joint Municipal Court
consisting of the Township of Andover, the Township of Hampton, the
Township of Fredon, the Township of Byram, Andover Borough, Stanhope
Borough and Hopatcong Borough (collectively "the seven municipalities").
This Court was originally created by the shared services agreement
in October of 2014 and is subject to the terms thereof. The shared
services agreement is attached hereto and incorporated in this chapter
and shall be approved by and filed with the Administrative Director
of the Courts.
B.Â
Name of Court. The name of the Joint Municipal Court shall be the
"Andover Joint Municipal Court (Andover, Hampton, Fredon and Byram
Township and Andover, Stanhope and Hopatcong Borough)," and it shall
have a seal bearing said name.
C.Â
Jurisdiction. The jurisdiction of the Andover Joint Municipal Court
shall be co-extensive with the territories of the Townships of Andover,
Hampton, Fredon and Byram and the Boroughs of Andover, Stanhope and
Hopatcong in the County of Sussex. The Court shall be under the jurisdiction
of the Assignment Judge and Municipal Court Administrator for Vicinage
10, Morris/Sussex, of the Superior Court of New Jersey.
A.Â
There shall be a Joint Municipal Judge appointed by the Governor
as provided by law with regard to joint municipal courts. The Municipal
Judge 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 Judge shall have and possess the requisite qualifications
in order to serve as a municipal court judge as provided by the laws
of the State of New Jersey.
C.Â
The Municipal Judge shall faithfully carry out all of the 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, the New Jersey Supreme Court and any other applicable
laws and rules.
There shall be appointed a Municipal Prosecutor for the Joint
Municipal Court who shall prosecute all cases in the Joint Municipal
Court.
A.Â
The Municipal Prosecutor shall be appointed annually by Andover Township
at the same time and in the same manner as other annual appointments
are customarily made and shall continue to serve until a successor
is duly appointed and qualified.
B.Â
The Municipal Prosecutor shall serve at the will of Andover Township,
which service may be terminated upon 30 days' written notice.
C.Â
Qualifications for the position of Prosecutor are that the appointee
shall be a duly licensed attorney at law of New Jersey, in good standing,
and shall remain so throughout the term of service.
D.Â
There shall also be appointed by Andover Township an Alternate Municipal
Court Prosecutor, whose duties shall be the same as the Municipal
Prosecutor's, but who shall act as Municipal Prosecutor only
in the event the Municipal Prosecutor is absent or unavailable, or
in the event the Municipal Prosecutor is unable to represent the Township
as a result of a conflict of interest. All provisions and references
to Municipal Prosecutor in this chapter shall apply to the Alternate
Municipal Prosecutor in all respects. In the event that the Municipal
Prosecutor is absent, unavailable or unable to represent the Township
due to a conflict of interest, the Municipal Prosecutor shall promptly
notify the Municipal Court Administrator of such circumstances, and
the matter shall then be reassigned or transferred to the Alternate
Municipal Prosecutor, through the office of the Municipal Court Administrator.
There shall be an Administrator of the Andover Joint 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 compensation of the Administrator
shall be determined by Andover Township. The duties of the Municipal
Court Administrator shall include, but are not limited to:
A.Â
Carrying out the rules, regulations, policies and procedures relating
to the operation of the Court.
B.Â
Interviewing and speaking to persons wishing to file criminal complaints
or wishing information in that regard; receiving complaints and dispensing
information relative to Court matters.
C.Â
Maintaining the financial records of the Court.
D.Â
Attending Court sessions; recording pleas, judgments and dispositions;
arranging trial calendars, signing Court documents; preparing and
issuing warrants and commitments.
E.Â
Taking and preparing bail bonds, recognizances and security in lieu
thereof; making inquiry concerning their sufficiency and equity; receiving
and accounting for fines and costs.
F.Â
Interviewing persons on informal Police Court matters to determine
if there is a basis for formal action and, if necessary, issuing summonses
requiring Court appearances, maintaining and classifying records and
files.
G.Â
Maintaining, forwarding, receiving and reporting such records, reports
and files as are required by the State Director of Motor Vehicles.
H.Â
Making a yearly report to the Township Committee.
I.Â
Performing all other duties required by law.
There shall be a Deputy Administrator of the Andover Joint Municipal
Court who shall perform the functions and duties prescribed by law,
by the rules applicable to municipal courts and by the Municipal Court
Judge. The Deputy Administrator shall be appointed in accordance with
the applicable Court rules. The compensation of the Deputy Administrator
shall be determined by Andover Township.
The Township of Andover shall, by resolution, annually appoint
a Public Defender to serve within the Andover Joint Municipal Court.
The Public Defender shall be compensated as determined by the Township
of Andover. It shall be the Municipal Public Defender's duties
to represent eligible, indigent defendants, in proceedings over which
the Andover Joint Municipal Court has jurisdiction.
A.Â
Qualifications. The Municipal Public Defender shall be an attorney
at law of the State of New Jersey in good standing. The Municipal
Public Defender need not be a resident of the Township and may hold
the same title in one or more municipal courts. The Municipal Public
Defender may represent private clients in this and any other municipality,
subject to the rules of court governing the conduct of lawyers, judges
and court personnel.
B.Â
Term. The Municipal Public Defender shall serve for a term of one
year from the date of his or her appointment and may continue to serve
in office pending reappointment of a successor. The Municipal Public
Defender shall be removed by the governing body of a municipality
for good cause shown and after a public hearing, upon due notice with
an opportunity to be heard. Failure to reappoint a Municipal Public
Defender shall not constitute a removal from office.
C.Â
Salary. Remuneration for the position of Municipal Public Defender
and Conflict Public Defender shall be fixed by ordinance.
D.Â
Duties. The Municipal Public Defender shall represent defendants
who meet the eligibility requirements set forth below. The Municipal
Public Defender shall be responsible for handling all phases of the
defense, including, but not limited to, discovery, pretrial and post-trial
hearings, motions, removals to Federal District Court and other collateral
functions. Duties of the Public Defender shall not include de novo
appeals in Superior Court.
E.Â
Eligibility for services. To be eligible for the services of the
Municipal Public Defender, a defendant must:
(1)Â
Be charged with a crime as specified in N.J.S.A. 2B:12-18; or
(2)Â
Be charged with an offense of which there is a likelihood, in the
opinion of the Municipal Court, that the defendant, if convicted,
will be subject to imprisonment or other consequence of magnitude;
and
(3)Â
Meet the financial eligibility requirements, in the opinion of the
Municipal Court, as set forth in N.J.S.A. 2A:158A-14 and guidelines
promulgated by the New Jersey Supreme Court; and
(4)Â
Provide all necessary applications, releases and authorizations,
and documents.
(5)Â
Pay an application fee of $200. This fee may be waived or reduced
by the Municipal Court upon clear and convincing proof that the fee
is an unreasonable burden upon the applicant. Said fee maybe paid
over time, not to exceed four months.
(6)Â
In the event that the Municipal Court cannot determine eligibility
before the time when the first services are to be rendered, the Municipal
Court shall refer the defendant to the Municipal Public Defender provisionally.
If it is later determined that the defendant is ineligible, or if
it is determined that the initial determination was erroneous, the
Court shall inform the defendant, and the defendant shall be obliged
to engage his own counsel and to reimburse the municipality for the
cost of the services rendered.
F.Â
Juvenile defendants.
(1)Â
In the event the defendant is under the age of 18 years, the eligibility
for service shall be determined on the basis of the financial circumstances
of the individual and the individual's parents or legal guardian.
(2)Â
The Municipal Court shall be entitled to recover the cost of legal
services from the parents or legal guardian and shall have the authority
to require parents or legal guardians to execute and deliver any authorizations
required to determine eligibility.
G.Â
Municipal responsibilities and reimbursements.
(1)Â
The municipality shall be responsible for payment of all necessary
services of representation as determined by the Court. The factors
of need and real value to a defendant may be weighed against the financial
constraints of the municipality in determining the necessary services.
(2)Â
The municipality shall have a lien on any property to which the defendant
shall have or acquire an interest up to the amount of the reasonable
value of the services rendered to a defendant. To effectuate such
lien, the Municipal Attorney shall file a notice, setting forth the
services rendered to the defendant and the reasonable value thereof,
with the Clerk of the Superior Court. Within 10 days of said filing,
the Municipal Attorney shall send a copy of the notice, with a statement
of the date of the filing, to the defendant by certified mail to the
defendant's last-known address. The filing of the notice shall
constitute a lien for a period of 10 years from the date of filing
and shall have the priority of a judgment.
(3)Â
The Municipal Attorney may do all things necessary to collect any
money due to the municipality for reimbursement for services rendered
by the Municipal Public Defender, including remedies available for
recovery of a civil judgment, counsel fees and costs.
(4)Â
All application fees collected shall be deposited in a dedicated
fund administered by the Treasurer of the municipality and shall be
used exclusively to meet the costs incurred in providing the services
of a Municipal Public Defender.
H.Â
There shall also be appointed by Andover Township a Conflict Public
Defender, whose duties shall be the same as the Public Defender's
but who shall act as Public Defender only in the event the Public
Defender is absent or unavailable or in the event the Public Defender
is unable to represent an eligible defendant as a result of a conflict
of interest. All provisions and references to Municipal Public Defender
in this chapter shall apply to the Conflict Public Defender in all
respects. In the event that the Municipal Public Defender is absent,
unavailable or unable to represent an eligible defendant due to a
conflict of interest, the Municipal Public Defender shall promptly
notify the Municipal Court Administrator of such circumstances and
the matter shall then be reassigned or transferred to the Conflict
Public Defender, through the office of the Municipal Court Administrator.
The Auditor appointed by Andover Township shall act as the Auditor
for the Andover Joint Municipal Court. The Auditor shall perform a
yearly audit of the Andover Joint Municipal Court, which audit shall
be prepared generally in accordance with the requirements of the Local
Fiscal Affairs Law, N.J.S.A. 40A:5-1 et seq. A copy of the complete
audit shall be supplied to each participating municipality by September
1 of each year.
The Township of Andover shall hereafter, by resolution, have
the power to designate such other persons as may be required to serve
as clerks, staff and other officers thereof and to establish compensation
to be paid to the respective persons to manage and run the day-to-day
operations of the Joint Municipal Court. Compensation thereof shall
be in accordance with the salary ordinance adopted annually by the
Township of Andover.
The members of the Andover Joint Municipal Court established by this chapter are the Township of Andover, Township of Hampton, Township of Fredon, Township of Byram, Borough of Stanhope, Borough of Hopatcong and Borough of Andover. Collectively, the Township of Andover, Township of Hampton, Township of Fredon, Township of Byram, Borough of Stanhope, Borough of Hopatcong and Borough of Andover shall be referred to as members. Any member of the Andover Joint Municipal Court may withdraw by complying with the provisions of the shared services agreement amongst the members identified in § 13-1A above or such subsequent agreements or amendments then existing and in effect.
A.Â
The Township of Hampton, the Township of Fredon, the Township of
Byram, the Borough of Stanhope, the Borough of Hopatcong and the Borough
of Andover shall pay the Township of Andover a fee in accordance with
the shared services agreement then existing between the parties.
B.Â
The Township of Andover shall remit fines and levies collected for
infractions occurring in the Township of Hampton, the Township of
Fredon, the Township of Byram, Stanhope Borough, Hopatcong Borough
and Andover Borough to the applicable municipality on at least a monthly
basis or as set forth in the agreement amongst the municipalities.