[HISTORY: Adopted by the Township Committee of the Township of Mantua 11-15-2021 by Ord. No. O-18-2021[1]. Subsequent amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch. 17, Joint Municipal Court, adopted 3-16-2015 by Ord. No. O-02-2015.
The Joint Municipal Court of the Township of Mantua, the Borough of Pitman, the Borough of Woodbury Heights, and the Borough of Wenonah is abolished. Prior Sections 17-1 through 17-16 of the General Ordinances of Mantua Township were repealed in their entirety.
Editor's Note: See § 17-4 for establishment of a the new Joint Municipal Court established December 1, 2021.
The court abolishment and this chapter shall be effective December 1, 2021, at 12:01 a.m. and after due notice is given as set forth in § 17-3. All summonses issuing from the Mantua Joint Municipal Court pursuant to Ordinance No. O-2-2015 and the Township of West Deptford and the Borough of National Park shall be processed in the Joint Municipal Court under the terms and conditions of this chapter after December 1, 2021.
Notice of repeal and abolishment of the Mantua Joint Municipal Court (comprised of the Township of Mantua, the Borough of Pitman, the Borough of Woodbury Heights and the Borough of Wenonah), and the Joint Municipal Court of the Township of West Deptford and the Borough of National Park, shall be given by notice to the Borough of Pitman, the Borough of Woodbury Heights, the Borough of Wenonah, the Township of West Deptford, the Borough of National Park, the Administrative Offices of the Courts and the Assignment Judge of the Gloucester/Cumberland/Salem Vicinage in writing.
[Amended 12-20-2021 by Ord. No. O-24-2021]
A. 
The Township Committee of the Township of Mantua, in response to the abolishment of the Mantua Joint Municipal Court comprised of the Township of Mantua, the Borough of Pitman, the Borough of Woodbury Heights and the Borough of Wenonah, desires to establish a single Joint Municipal Court for the Township of Mantua, the Borough of Pitman, the Borough of Woodbury Heights, the Borough of Wenonah, the Township of West Deptford and the Borough of National Park.
B. 
Pursuant to the provisions of N.J.S.A. 2B:12-1 et seq., the Township of Harrison is hereby added to the Mantua Joint Municipal Court as a participating municipality effective January 1, 2022. All Summonses issuing from the Township of Harrison shall be processed in the Mantua Joint Municipal Court under the terms and conditions of this section on and after January 1, 2022. Notice of repeal and abolishment of the Municipal Court of the Township of Harrison shall be given by notice to the other participating municipalities of the Mantua Joint Municipal Court, the Administrative Offices of the Courts, and the Assignment Judge of the Gloucester/Cumberland/Salem Vicinage in writing. The Township Committee of the Township of Mantua shall by separate resolution authorize and pass and otherwise agree to the terms of the "Shared Service Agreement to add the Township of Harrison as a Participating Municipality to the Mantua Joint Municipal Court." Effective January 1, 2022, the territorial jurisdiction of the Mantua Joint Municipal Court shall also include the territory of the Township of Harrison. This section shall take effect upon the adoption of an ordinance by the Township of Harrison abolishing the Municipal Court of the Township of Harrison, and after publication and passage according to law.
[Added 12-20-2021 by Ord. No. O-24-2021]
The Township Committee of the Township of Mantua shall, by separate resolution, authorize and pass and otherwise agree to the terms of the Shared Service Agreement for the Operation of a Joint Municipal Court between the Township of Mantua, the Borough of Pitman, the Borough of Woodbury Heights, the Borough of Wenonah, the Township of West Deptford and the Borough of National Park.
Pursuant to the provisions of N.J.S.A. 2B;12-1 et seq., the Joint Municipal Court of the Township of Mantua, the Borough of Pitman, the Borough of Woodbury Heights, the Borough of Wenonah, the Township of West Deptford and the Borough of National Park is hereby established.
The Joint Municipal Court shall have an official seal which shall bear the impression of the name of the court.
The territorial jurisdiction of the Joint Municipal Court shall be coextensive with the territory of the Township of Mantua, the Borough of Pitman, the Borough of Woodbury Heights, the Borough of Wenonah, the Township of West Deptford and the Borough of National Park.
A. 
There shall be a minimum of one Joint Municipal Court Judge appointed by the Governor with the advice and consent of the Senate. The Township Committee of the Township of Mantua shall recommend, in consultation with the Vicinage Assignment Judge, an individual, or individuals in the event that more than one Joint Municipal Court Judge is needed, for nomination and appointment as judge, or judges, as the case may be, of the Joint Municipal Court. Said individual, or individuals, shall be an attorney at law of New Jersey and shall have the qualifications required by law and shall serve for a term of three years from the date of his/her appointment and until a successor has been appointed and has qualified.
B. 
The compensation of the Joint Municipal Court Judge(s) shall be such annual salary as is now or hereinafter may be provided by ordinance by the Township of Mantua, which salary shall be in lieu of any and all other fees.
There shall be a Joint Municipal Court Administrator, or more than one Administrator if needed, who shall be appointed by the Township Committee of the Township of Mantua and who shall serve for a term of one year from the date of his/her appointment and until a successor has been appointed and has qualified.
The Township Committee of the Township of Mantua shall, in its discretion, appoint support staff of the Joint Municipal Court needed to perform the functions assigned by the Joint Municipal Court Judge(s) and by the Joint Municipal Court Administrator(s).
There shall be a Joint Municipal Court Prosecutor who shall be appointed by the Township Committee of the Township of Mantua. The Joint Municipal Court Prosecutor shall have the jurisdiction, powers and duties prescribed by N.J.S.A. 2B:25-1 et seq.
[Amended 12-20-2021 by Ord. No. O-23-2021]
Any person applying to the Joint Municipal Court of the Township of Mantua, the Borough of Pitman, the Borough of Woodbury Heights, the Borough of Wenonah, the Township of West Deptford, and the Borough of National Park for representation by a municipal public defender shall, in accordance with the provisions of P.L. 1997, c. 256[1], pay an application fee of not more than $ 200, but only in an amount determined by the Joint Municipal Court Judge, necessary to pay the costs of municipal public defender services. The Joint Municipal Court may waive said application fee in whole or in part if the Court determines, in its discretion, that the application fee represents an unreasonable burden on the person seeking representation. Said determination shall be made in accordance with the applicable provisions under law.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
All ordinances or parts of ordinances or resolutions inconsistent or in opposition to the provisions of this chapter are hereby repealed in their entirety.
If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, the remainder of this chapter shall not be affected and shall remain in full force and effect.
This chapter shall take effect upon adoption of an ordinance by the Borough of Pitman, the Borough of Woodbury Heights and the Borough of Wenonah abolishing the Joint Municipal Court of the Township of Mantua, the Borough of Pitman, the Borough of Woodbury Heights and the Borough of Wenonah and after adoption of an ordinance by the Township of West Deptford and the Borough of National Park abolishing the Joint Municipal Court of the Township of West Deptford and the Borough of National Park, and after publication and passage according to law.