[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.]
The Municipal Court of the Township heretofore
established is hereby continued.
The name of the Municipal Court shall be the
"Municipal Court of the Township of East Hanover."
The Municipal Court shall have an official seal
which shall bear the impress of the name of the Court.
[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.
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.
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.
[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.
[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.
[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]
[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.
[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.
