Township of East Hanover, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of East Hanover 5-17-1973 as Ch. 14 of the Revised Ordinances. Amendments noted where applicable.]

§ 19-1 Court continued.

The Municipal Court of the Township heretofore established is hereby continued.

§ 19-2 Name of Court.

The name of the Municipal Court shall be the "Municipal Court of the Township of East Hanover."

§ 19-3 Seal.

The Municipal Court shall have an official seal which shall bear the impress of the name of the Court.

§ 19-4 Judge; appointment and term.

[Amended 12-18-1997 by Ord. No. 49-1997]
The Municipal Court of the Township shall have a Judge, who shall be known as the "Judge of the Municipal Court." He shall be appointed by the Mayor with the advice and consent of the Township Council and shall have the qualifications required by law. The Judge shall serve for a term of three years from the date of his/her appointment and until his successor is appointed and qualified.

§ 19-5 Compensation of Judge.

The Judge of the Municipal Court shall be compensated by an annual salary as fixed by ordinance.[1] The compensation so paid shall be in lieu of any and all other fees.
[1]
Editor's Note: See Ch. 47, Salaries and Compensation.

§ 19-6 Jurisdiction; powers; duties.

The Municipal Court and the Judge thereof shall have, possess and exercise all the jurisdiction, powers, functions and duties which are or may be conferred by law and the applicable rules of the Supreme Court of New Jersey.

§ 19-7 Administrator and personnel.

[Amended 8-17-1982 by Ord. No. 24-1982; 12-18-1997 by Ord. No. 49-1997; 6-14-2001 by Ord. No. 23-2001]
A. 
There shall be appointed in accordance with the provisions of N.J.S.A. 2B:12-1 et seq. a certified Administrator of the Municipal Court and such other necessary employees who shall perform such functions and duties as shall be prescribed by law, by the rules of the Supreme Court of New Jersey applicable to municipal courts and by the Judge of the Municipal Court. Such employees shall be compensated by an annual salary as fixed by ordinance. The compensation so paid shall be in lieu of any and all other fees.
B. 
There shall be appointed one or more Deputy Court Clerks. Deputy Court Clerks shall be compensated for services as provided in the annual Salary Ordinance.[1]
[1]
Editor's Note: See Ch. 47, Salaries and Compensation.

§ 19-8 Location; hours.

[Amended 12-18-1997 by Ord. No. 49-1997; 6-14-2001 by Ord. No. 23-2001]
The Municipal Court shall be held in the Municipal Court Chambers located at 2 DeForest Avenue. The Municipal Judge shall sit at the times and on the days so designated by the Judge, and at such other times as the business of the Court may require, subject to the rules applicable to municipal courts.

§ 19-9 Public defender; appointment; term; duties; removal for cause.

[Added 12-18-1997 by Ord. No. 49-1997]
A. 
There is hereby created the position of Public Defender in the Municipal Court of the Township of East Hanover, which position shall be filled by appointment of the Mayor with the advice and consent of the Township Council.
B. 
The term of office of the Public Defender shall be for one year, commencing January 1 and terminating December 31 of the same year.
[Amended 12-16-2013 by Ord. No. 8-2013]
C. 
The compensation for the Public Defender shall be $200 per case.
[Amended 12-16-2013 by Ord. No. 8-2013]
D. 
The Public Defender shall, at the direction of the Judge of the Municipal Court, represent persons in Municipal Court proceedings.
[Amended 12-16-2013 by Ord. No. 8-2013]
E. 
In addition to other means provided by law for the removal from office of a public official, the Municipal Public Defender may be removed by the Township Council for good cause shown and after a public hearing and upon due notice and an opportunity to be heard; provided, however, that failure to reappoint a Municipal Public Defender for a second or subsequent term shall not constitute removal from office within the meaning hereof.
[Added 12-16-2013 by Ord. No. 8-2013]

§ 19-10 Application for Public Defender representation; fees.

[Added 12-18-1997 by Ord. No. 49-1997]
A. 
In order to obtain the services of the Public Defender, an application must be filed with the Municipal Court on forms to be provided by the Township.
B. 
Each application for representation by the Public Defender shall be accompanied by an application fee of $200, which fee shall be due without regard to whether the applicant is found to require the services of the Public Defender; provided, however, that the Judge of the Municipal Court may waive this fee, in whole or in part, if said Judge determines that the fee represents an unreasonable burden upon the defendant.
C. 
The Judge of the Municipal Court, after reviewing each defendant's application, shall make the determination as to whether a defendant is indigent within the meaning of P.L. 1997, c.256 (N.J.S.A. 2b:24-1 et seq.).
D. 
A defendant's inability to pay all or part of the application fee shall in no way affect or reduce the rendering of the services of the Public Defender to such defendant.
E. 
In the case of a defendant unable or unwilling to a pay the fee and for whom the fee was not waived, the Township shall have a lien on any property which the defendant shall have or may acquire an interest for an amount equal to the reasonable value of the services rendered to a defendant as calculated at the same rate as the Office of the Public Defender bills clients at that time.

§ 19-11 Municipal Prosecutor; Assistant Prosecutors.

[Added 8-1-2016 by Ord. No. 5-2016]
A. 
Required qualification . The Municipal Prosecutor and any Assistant Prosecutors shall be attorneys at law of New Jersey in good standing. They shall have criminal law experience as a county or municipal prosecutor, as a public defender, or as a defense attorney appearing in municipal or state courts.
B. 
Duties. The Municipal Prosecutor and any Assistant Prosecutors shall represent the Township in the prosecution of all offenses within the statutory jurisdiction of the Municipal Court as defined by law, including municipal ordinances and Municipal Code violations pertaining to zoning, land or property use violations, property maintenance, building or construction. The Municipal Prosecutor and any Assistant Prosecutors shall be responsible for handling all phases of the prosecution of an offense.
C. 
Term of office. The term of office of the Municipal Prosecutor and any Assistant Prosecutors shall be for one year, commencing on January 1 and terminating on December 31 of the same year and until a successor shall have been appointed and qualified.
D. 
Appointment. The Mayor shall appoint a Municipal Prosecutor and any Assistant Prosecutors, including the filling of a vacancy in said office, which shall be for the unexpired term only.
E. 
Compensation.
(1) 
The Municipal Prosecutor shall be compensated in accordance with the Table of Organization Ordinance. He or she shall be permitted to engage in private practice.
(2) 
Any Assistant Prosecutor shall be compensated $350 per court session. He or she shall be permitted to engage in private practice.