There is hereby created a Department of Law, consisting of a
Municipal Judge, Municipal Attorney and Court Clerk.
A.
There shall be a Municipal Judge, appointed by the Borough Council
for a term of three years, and except for justifiable cause, he may
not be removed. The Municipal Judge shall be an attorney at law in
the State of New Jersey and shall be paid an annual salary as established
by the Salary Ordinance.[1] The Municipal Judge shall hold court in the Municipal
Building of the Borough of Washington.
[Amended 1-8-1974 by Ord. No. 34-73]
B.
The Municipal Judge may request any duly admitted attorney at law
of the State of New Jersey to sit substitute for him, regulated only
by that which is cognizant with health, normal vacations and any necessary
personal disqualifications. Compensation for any such substitutions
shall be a matter between the Municipal Judge and his designee.
[Amended 1-8-1974 by Ord. No. 34-73; 1-4-1983 by Ord. No. 42-82]
A.
There shall be a Municipal Attorney, who shall be appointed by the
Municipal Council to serve for a term of one year. The Attorney shall
be paid an annual retainer as provided for in the Salary Ordinance,[1] provided that a fee basis for reimbursement will be utilized
in the event of litigation or Code codification.
[Amended 1-14-1986 by Ord. No. 24-85]
B.
The Council may, from time to time, designate the Prosecutor of the
Municipal Court, who shall conduct prosecutions for crimes and offenses
cognizable by the Municipal Court of the Borough of Washington, including
violations of ordinances of the municipality, complaints of any department
or offices under state law, and violations of rules and regulations
duly promulgated by any department; provided, however, that the Prosecutor
shall not be responsible for the prosecution of such crimes and offenses
as are required by law to be prosecuted by the County Prosecutor.
The Borough Manager shall appoint a Court Clerk, who shall also
serve as Violations Clerk, whose compensation shall be as provided
in the Salary Ordinance[1] and who, with the Municipal Judge, shall function according
to and be governed by Chapter 264 of the New Jersey Statutes, 1948,
as amended or supplemented. This Clerk may also hold another municipal
office and/or perform other duties as prescribed by the Manager.
[Added 12-19-1995 by Ord. No. 11-95]
A.
The Mayor and Council may appoint an attorney at law on either a
part-time or per-case basis to provide for the representation of persons
in the Borough Municipal Court for persons entitled by law to appointment
of counsel. The term of the appointment shall not exceed one calendar
year, and the compensation to be paid shall be established by the
Salary Ordinance or resolution, as appropriate.
B.
A person applying for representation by the Washington Borough Public
Defender shall pay a fee of $200, payable to the Treasurer, Borough
of Washington. The Municipal Judge may waive the application fee,
in whole or in part, if he/she determines, in his/her discretion,
that the application fee represents an unreasonable burden on the
person seeking representation.
[Amended 12-2-1997 by Ord. No. 17-97]
