[HISTORY: Adopted by the Township Committee of the Township of Harrison 12-20-2021 by Ord. No. 26-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 11, Court, which consisted of Art. I, Municipal Prosecutor, adopted 3-5-1979 by Ord. No. 1-1979, Art. II, Establishment of Municipal Court, adopted 7-5-1983 by Ord. No. 2-1983, Art. III, Public Defender, adopted 7-19-1993 by Ord. No. 10-1993, as amended, and Art. IV, Public Defender Application Fee, adopted 5-18-1997 by Ord. No. 9-1998.
The Harrison Township Municipal Court shall be abolished as of December 31, 2021, at 12:00 midnight, and after due notice is given as set forth in § 11-2, below. All summonses and other appropriate matters issuing or arising from the Township of Harrison shall be processed in the Mantua Joint Municipal Court on and after December 31, 2021, including those matters arising prior to December 31, 2021, which remain pending.
Notice of repeal and abolishment of the Harrison Township Municipal Court and the establishment of the new Mantua Joint Municipal Court shall be provided, in writing, to the Administrative Offices of the Courts and the Assignment Judgment of Vicinage 15 and posted in the municipal buildings of the participating municipalities in a location where public notices are normally posted.
The responsibility for the operation of the Mantua Joint Municipal Court shall be set forth in a shared services agreement, the "Agreement for the Operation of a Joint Municipal Court" approved by resolutions of the Township of Harrison and the Township of Mantua.
Pursuant to the provisions of N.J.S.A. 2B:12-1 et seq., the Mantua Joint Municipal Court is hereby established.
The Mantua Joint Municipal Court shall have an official seal which shall bear the impression of the name of the Court.
The territorial jurisdiction of the Mantua Joint Municipal Court shall be coextensive with the territory of the Township of Harrison and the Township of Mantua, Gloucester County, New Jersey.
The purpose of this chapter is to establish a single Joint Municipal Court to be located at 405 Main Street, Mantua, New Jersey.
In accordance with N.J.S.A. 2B:12-4, as amended, the Judge of the Mantua Joint Municipal Court shall be appointed by the Governor with the advice and consent of the Senate 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 his/her successor has been appointed and has qualified. The compensation of the Judge shall be an annual salary as is now or hereinafter may be provided by ordinance and in accordance with the terms of the agreement for operation of a Joint Municipal Court between the Township of Harrison and the Township of Mantua.
There shall be a Joint Municipal Court Administrator and Deputy Joint Municipal Court Administrator who shall be appointed as provided by this chapter and in accordance with the terms of the agreement of the operation of a Joint Municipal Court between the Township of Harrison and Township of Mantua.
The Mantua Joint Municipal Court support staff shall be appointed in accordance with the terms of the agreement for the operation of a Joint Municipal Court between the Township of Harrison and Township of Mantua.
The Joint Municipal Court Prosecutor shall be appointed in accordance with the terms of the agreement for the operation of a Joint Municipal Court between the Township of Harrison and 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.
A. 
Appointment. The Joint Municipal Court Public Defender shall be appointed in accordance with the terms of the agreement for the operation of a Joint Municipal Court between the Township of Harrison and the Township of Mantua. The Joint Municipal Court Public Defender shall have the jurisdiction, powers and duties prescribed by N.J.S.A. 2B:24.1 et seq.
B. 
Representation. Any person applying to the Mantua Joint Municipal Court for representation by a municipal public defender shall, in accordance with the provisions of N.J.S.A. 2B:24-17, pay an application fee, but only in an amount determined by the Joint Municipal Court Judge, necessary to pay the costs of municipal court public defender services. The Joint Municipal Court Judge 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.
C. 
Alternate method of collection. If the payment of the fee is deferred by the Joint Municipal Court Judge or the fee is otherwise unpaid, then the participating municipalities may endeavor to collect the fee in the manner provided in N.J.S.A. 40:6A-1 and N.J.S.A. 2A:158A-19. Collection of such fees by a third party shall be authorized by both Harrison and Mantua.