[HISTORY: Adopted by the Mayor and Council of the Borough of Buena as indicated in article histories. Amendments noted where applicable.]
Article I Joint Municipal Court
Article II Discovery Fees
[Adopted 9-26-2011 by Ord. No. 584]
Editor's Note: This article also repealed former Art. I, Provisions of Court, adopted 10-31-1949, as amended.
Creation of court. There is hereby established and created a Joint Municipal Court consisting of the following members: the Township of Franklin and Buena Borough. The operation of the Franklin Joint Municipal Court shall be governed by applicable law, the Administrative Office of the Courts, the Assignment Judge for Vicinage XV and an interlocal services agreement by and between the aforesaid municipalities. The interlocal services agreement is attached hereto and incorporated in this article and shall be approved by and filed with the Administrative Director of the Courts.
Editor's Note: The interlocal services agreement is on file in the Borough offices.
Name of court. The name of the Joint Municipal Court shall be the "Franklin Joint Municipal Court" and it shall have a seal bearing the name of the Court.
Jurisdiction. The jurisdiction of the Franklin Township Joint Municipal Court shall be coextensive with the territory of the Township of Franklin and the Borough of Buena in the County of Atlantic. The Court shall be under the jurisdiction of the Assignment Judge and Trial Court Administrator for Vicinage XV.
There shall be a municipal court judge appointed as provided N.J.S.A. 2B:12-4(b) of a joint municipal court. The Township of Franklin agrees to recommend a candidate to the Governors Office for appointment pursuant to statute. If a judge is not appointed as provided in N.J.S.A. 2B:12-4(b), an acting judge may be appointed by the Assignment Judge as provided in N.J.S.A. 2B:12-6. The municipal court judge shall serve for a term of three years from the date of appointment and until a successor shall be appointed and qualified.
The municipal court judge shall have and possess the qualifications and shall have, possess and exercise all the functions, duties, powers and jurisdiction conferred by law or ordinance. He/she shall be an attorney at law of the State of New Jersey. If for any reason the appointed judge is unable to serve or is otherwise unavailable, a cross-assigned judge as designated by the Assignment Judge may be used.
The municipal court judge shall faithfully carry out all of the duties and 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 municipal court judge shall have full management authority of court operations, provided that the staffing, hiring, termination or discipline of court staff shall be reserved to the Township Committee of the Township of Franklin subject to the authority of the Assignment Judge pursuant to R. 1:33-4(b) and (c), the Code of Conduct for Judiciary Employees and other such judiciary directives.
The municipal court judge shall prepare, or have prepared, a budget for the Franklin Joint Municipal Court which shall be submitted to the governing body of Franklin by October 1 of each year after having received approval or conditional approval of the Assignment Judge. The proposed budget shall be circulated by Franklin to the governing body of Buena.
Pursuant to R. 1:30-3(a) and 1:30-4, the Municipal Court Judge shall fix the hours of the court session and the court office subject to the approval of the Assignment Judge and the Administrative Director of the Courts.
Municipal Prosecutor. There shall be appointed a Municipal Prosecutor for the Joint Municipal Court who shall prosecute all cases in the Joint Municipal Court. The Municipal Prosecutor shall be appointed for a one-year term by the Township of Franklin. The compensation for the Municipal Prosecutor shall be determined by the Township of Franklin.
Municipal Court Administrator. There shall be an administrator of the Franklin 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 administrator shall be appointed by Franklin for a term, subject to the certification provisions as set forth in N.J.S.A. 2B:12-11(e), the Code of Conduct for Judiciary Employees and considered an employee of Franklin. In the event the administrator is not certified, the administrator shall be able to be accredited pursuant to Judiciary procedures prior to appointment. The compensation of the administrator shall be determined by Franklin.
Assignment of duties and administration of the functions of the Court shall be made by the Municipal Court Judge and Court Administrator and are subject to the oversight of the Vicinage Assignment Judge through the Municipal Division Office and shall be in compliance with the Rules of Court and the Administrative Office of the Court's Policies and Directives.
Deputy municipal court administrator. There shall at least one but may be more deputy municipal court administrators of the Franklin Joint Municipal Court who shall be appointed by Franklin subject to the provisions of the Code of Conduct for Judiciary Employees and accreditation by the Judiciary. Deputy municipal court administrators shall perform the functions assigned to them by the municipal court judge and municipal court.
Necessary clerical and other assistance. There may be appointed such other necessary clerical and other assistants for the municipal court as is necessary for the efficient operation of the municipal court. Franklin shall appoint such clerical and other assistants as it deems necessary subject to the Code of Conduct for Judiciary Employees. The parties agree that in addition to the full-time municipal court administrator, Franklin shall appoint two additional full-time staff, one of whom will be the deputy municipal court administrator, and two part-time clerical staff. Staffing shall be reviewed in six months to determine actual staffing needs with the municipal division of each vicinage.
Public defender. The Township of Franklin shall, by resolution, annually appoint a public defender to serve within the Franklin Township Joint Municipal Court. The public defender shall be compensated as determined by the Township of Franklin. Applications for the appointment of the public defender for particular cases shall be in accordance with Chapter 102.
Editor's Note: "Chapter 102" refers to Chapter 102, Public Defender, of the Code of the Township of Franklin.
Auditor. The auditor appointed by Franklin Township shall act as the auditor for the Franklin Joint Municipal Court. The auditor shall perform a yearly audit of the Franklin Joint Municipal Court, which audit shall be prepared generally in accordance with the requirements of the Local Fiscal Affairs Law, N.J.S.A. 4A:5-1 et seq. A copy of the complete audit shall be supplied to each participating municipality by September 1 of each year.
The Borough shall pay the Township of Franklin a fee in accordance with the Interlocal Services Agreement then existing between the parties.
All assessment of fines or penalties levied on summons/warrants/tickets issued for any charges whether by local police, New Jersey State Police, any other law enforcement agency or civilian complainants shall be distributed as required by law monthly.
Joint court personnel will be responsible for the collection, maintenance and disbursement of any existing collectibles due Buena Municipal Court. Said collectibles to be disbursed monthly as required by law.
Franklin shall be responsible for all expenses of the Franklin Joint Municipal Court.
The governing bodies of the Township of Franklin and Buena Borough are authorized to enter into contract with each other embodying the provisions of the contract attached hereto as Exhibit A pursuant to the Interlocal Services Act, N.J.S.A. 40A:65-1 et seq. In the event of a discrepancy between this article and the Interlocal Services Act, and any amendments thereto, the Interlocal Services Act shall take precedence.
This article shall take effect January 5, 2012 and after satisfaction of the following conditions:
Final passage and publication as provided by law.
Review of the Interlocal Services Agreement and this article by the Administrative Office of the Courts and the Assignment Judges for Vicinage XV and Vicinage I.
Adoption and publication of a similar ordinance by the Township of Franklin and execution of the above referenced Interlocal Services Agreement.
[Adopted 11-15-1993 by Ord. No. 410]
The discovery application processing fee applicable to Municipal Court cases in the Borough of Buena, including traffic offenses heard in the Municipal Court, is hereby set at $20 per document request regardless of the volume of pages contained therein. All discovery shall be provided through the Municipal Prosecutor of the Borough of Buena after the effective date of this article, rather than by the Police Department.
The Municipal Prosecutor shall deposit all checks which he receives for discovery with the Municipal Treasurer, and said funds shall be deposited in an account deemed appropriate by the Chief Financial Officer of the Borough of Buena. At the end of each month, the Municipal Prosecutor shall submit a voucher certifying the number of discovery requests to which he has responded, and he shall be entitled to be paid $15 by the Borough for each discovery request which he has processed. The remaining $5 shall be retained by the Borough of Buena to reimburse the Borough for producing the discovery request responded to by the Municipal Prosecutor.
The Municipal Prosecutor shall be solely responsible to determine what documents are discoverable in all Municipal Court matters and proceedings, including traffic offenses.
The discovery application processing fee provided for in this article shall not apply to those individuals designated as "indigent" by the Municipal Court; and the Municipal Prosecutor shall provide discovery to those individuals, or their attorneys without charge.
The fiscal procedures for the handling of all financial transactions provided for in this article shall be established by the Chief Financial Officer of the Borough of Buena to assure that appropriate documentation is created and maintained for auditing purposes and to ensure that all fees are properly deposited in municipal accounts.
A certified copy of this article shall be filed with the Municipal Court Clerk of the Borough of Buena, with the Municipal Prosecutor, with the Judge of the Municipal Court, with the Chief Financial Officer and with the Chief of Police of the Borough of Buena.