[HISTORY: Adopted by the Township Committee of the Township of Knowlton as indicated in article histories. Amendments noted where applicable.]
Article I General Provisions
Article II Municipal Public Defender
[Adopted by Ord. No. 81-10 (Sec. 2-5 of the Revised General Ordinances)]
A municipal court of the Township of Knowlton is hereby established as of the effectual date of this article, pursuant to the provisions of N.J.S.A. 2A:8-1 et seq.
Editor's Note: N.J.S.A. 2A:8-1 et seq. was repealed by L. 1993, c. 293. See now N.J.S.A. 2B-12-1 et seq.
The name of the municipal court shall be the "Municipal Court of the Township of Knowlton."
The Court shall have a seal, which shall bear the impress of the name of the Court.
There shall be a Municipal Judge of said Municipal Court, who shall be nominated and appointed by the Township Committee. The Judge shall serve for a term of three years from the date of his or her appointment and until his or her successor is appointed and qualified.
The qualifications of the Judge shall be as provided in N.J.S.A. 2A:8-7.
Editor's Note: N.J.S.A. 2A:8-7 was repealed by L. 1993, c. 293. See now N.J.S.A. 2B:12-7.
The Municipal Judge shall receive an annual salary as determined and enacted by the Township Committee in its annual salary ordinance and paid in the same manner as salaries of other municipal officers and employees. Said salary shall be in lieu of any and all other fees.
The Municipal Court and the Municipal Judge shall have, possess and exercise all the functions, powers, dates and jurisdiction conferred by the provisions of Chapter 264 of the Laws of 1948, as amended and supplemented.
There shall be a Clerk of the Municipal Court, who shall be nominated and appointed by the Township Committee. The Clerk shall serve for a term of one year from the date of his or her appointment and until his or her successor has been appointed and qualified. The Clerk shall receive an annual salary as determined and enacted by the Township Committee in its annual salary ordinance and paid in the same manner as other municipal employees. Said salary shall be in lieu of any and all other fees.
The Township Committee shall have the authority to nominate and appoint additional court personnel as determined by the Township Committee.
[Adopted 11-10-1997 by Ord. No. 97-15]
There is hereby created the position of Municipal Public Defender for the Township of Knowlton, beginning March 23, 1998, which position shall be filled by an attorney at law of New Jersey, in good standing. The term for the initial appointment of the Municipal Public Defender shall be from the date of appointment until December 31, 1998. Thereafter the term shall be for one year or until the qualification of his or her successor. The Municipal Public Defender shall be compensated either on an hourly, per diem, annual or other basis, as determined by the ordinance, resolution or agreement setting compensation.
The duties of the Municipal Public Defender shall be to represent any defendant charged with an offense in Municipal Court who is an indigent municipal defendant entitled to representation pursuant to N.J.S.A. 2B:24-1 et seq., not including de novo appeals to the Superior Court.
A Municipal Public Defender may be removed by the Mayor and Committee for good cause shown and after a public hearing and upon due notice and an opportunity to be heard. Failure to reappoint a Municipal Public Defender for a second or subsequent term does not constitute a removal from office within the meaning of this section.
If after March 23, 1998, there is a vacancy in the Office of Municipal Public Defender, if the Municipal Public Defender is temporarily unavailable or if a finding of conflict of interest precludes the Municipal Public Defender from representing an indigent defendant, the Municipal Court may appoint a qualified attorney to represent the indigent defendant, at compensation to be paid by the municipality, at rates to be established by resolution of the Mayor and Committee, or in absence of such rates, at the rates established by the Office of the Public Defender in conflict cases, with payment to be made within 30 days of submission of a voucher in the proper form.
Once appointed, the attorney shall carry out all duties of the Municipal Public Defender in connection with the case that is the subject of the appointment.
A person applying for representation by a Municipal Public Defender or court-appointed counsel shall pay, on or after December 22, 1997, an application fee of $200 to the Township of Knowlton. The Municipal Court Judge may waive the required application fee, in whole or in part, only if the Court determines, in its discretion, upon a clear and convincing showing by the applicant, that the application fee represents an unreasonable burden on the person seeking representation. The Municipal Court may permit a person to pay the application fee over a specific period of time, not to exceed four months.
Funds collected pursuant to § 18-14 of this article shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Township of Knowlton. Such funds shall be used exclusively to meet the costs incurred in providing the services of the Municipal Public Defender, including, when required, expert and lay investigation and testimony.
There shall be no obligation of the Township of Knowlton to pay for expert and lay investigation or testimony, necessary to the defense of an indigent, prior to March 23, 1999.
The Township of Knowlton shall have all lien and collection rights on any property to which the defendant, or parents or legal guardians of a minor defendant, shall have or acquire an interest for in an amount equal to the reasonable value of services rendered to a defendant by the Municipal Public Defender or court-approved compensated counsel, consistent with N.J.S.A. 2B:24-11, 2B:24-12, 2B:24-13, 2B:24-14, 2B:24-15 and 2B:24-16, or as otherwise provided by law.