[HISTORY: Adopted by the Township Committee (now Council)
of the Township of Allamuchy 8-3-1978 (Ch. 14 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Prosecutor — See § 4-10.
A municipal court for the Township of Allamuchy is established
pursuant to the provisions of N.J.S.A. 2B:12-1 et seq., as amended
and supplemented.
The name of the municipal court shall be "Municipal Court of
the Township of Allamuchy."
The Municipal Court shall have a seal which shall bear the impress
of the name of the Court.
[Amended 9-3-1981]
There shall be a Judge of the Municipal Court, who shall be
appointed by the Mayor with the advice and consent of the Council
and who shall serve for a term of three years from the date of his
appointment and until his successor is appointed and qualified. His
annual compensation shall be fixed and determined by ordinance adopted
by the Township Council. Said salary shall be in lieu of any and all
other fees.
The said Municipal Court and the Judge of the Municipal Court
shall have, possess and exercise all the functions, powers, duties
and jurisdiction conferred by the provisions of N.J.S.A. 2B:12-1 et
seq., as amended and supplemented.
There shall be an Administrator of the Municipal Court, who
shall be appointed by the Township Council. The Administrator shall
serve for a term of one year from the date of his appointment and
until his successor has been appointed and qualified. The Township
Council shall by ordinance or resolution designate any officer or
employee of the municipality to serve as Administrator of the Municipal
Court, with or without additional compensation.
A.
The Municipal Court of the Township shall have a prosecutor, who
shall be known as the "Prosecutor of the Municipal Court." He shall
be appointed by the Mayor with the advice and consent of the Council
on the first day of January for a term of one year and shall be an
attorney at law pursuant to N.J.S.A. 2B:12-27.
B.
The Administrator shall advise the Chief of the Prosecutors and Police
Bureau, Division of Criminal Justice, Department of Law and Public
Safety of the State of New Jersey on an annual basis of:
(1)
The name of the individual appointed as Municipal Prosecutor.
(2)
The name of any other individual appointed to serve as an assistant
or deputy to the Municipal Prosecutor.
(3)
A copy of the resolution making the appointment.
(4)
A complete mailing address of the Municipal Prosecutor, including
a telephone number and facsimile transmission number.
[Added 4-20-1998 by Ord. No. 4-98]
A.
The Municipal Court shall have a public defender. The Public Defender
shall be appointed by the Mayor with the advice and consent of the
Council on the first day of January of each year and shall serve for
a term of one year from the date of appointment. The Mayor, with the
advice and consent of the Council, may appoint additional municipal
public defenders as necessary to administer justice in a timely and
effective manner in the Municipal Court. In the event that more than
one public defender is appointed, one of the public defenders shall
be designated as "Chief Municipal Public Defender." The Chief Municipal
Public Defender shall have authority over other Municipal Public Defenders
serving the Municipal Court with respect to the performance of their
duties.
B.
A Municipal Public Defender shall receive compensation on a quarterly
basis. The amount of compensation to be paid to the Municipal Public
Defender shall be established by resolution. Such resolution, in addition
to setting forth the manner and amount of compensation to be paid
to a municipal public defender, shall set forth the additional compensation,
if any, to be paid for interlocutory appeals in the Superior Court.
C.
A Municipal Public Defender appointed hereunder shall perform the
duties set forth at N.J.S.A. 2B:24-6, as well as any other duties
required by law.
D.
Any person applying for representation by a Municipal Public Defender
or court-approved counsel shall pay an application fee of $200, provided
that such amount shall not exceed the amount necessary to pay the
cost of the Municipal Public Defender's services.