[HISTORY: Adopted by the Township Committee
of the Township of Freehold by Ord.
No. 7 (§ 2-15 of the Revised General Ordinances),
as amended through Ord. No. O-00-21. Subsequent amendments noted where
applicable.]
[Amended 5-24-2022 by Ord. No. O-22-8]
There shall be a Municipal Court in the Township pursuant to
the provisions of N.J.S.A. 2B:12-1 et seq., to be known as the "Municipal
Court of the Township of Freehold, Monmouth County." The Municipal
Court shall have a seal bearing the impress of the name of the Court.
The Court shall be held at the Municipal Justice Complex or such other
place as the Township Committee shall designate, and shall exercise
all the functions, powers, duties and jurisdiction conferred upon
municipal courts by law.
A.
There shall be a Municipal Judge of the Municipal
Court appointed by the Township Committee. The Municipal Judge shall
serve for a term of three years from the date of appointment and until
a successor shall be appointed and qualifies.
B.
The Municipal 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. The Municipal Court
Judge need not be a resident of the Township, but shall be an attorney
at law of the State of New Jersey. Whenever the Municipal Judge shall
be unable to sit as such the Judge may designate any other judge of
any Municipal Court that meets the approval of the Monmouth County
Assignment Judge and hold the Municipal Court. Any such designation
shall be made in writing and shall be filed in the Court and any person
so designated, while sitting temporarily, shall possess all the powers
of the Municipal Judge.
[Amended 5-24-2022 by Ord. No. O-22-8]
[Amended 5-24-2022 by Ord. No. O-22-8]
There shall be an Administrator of the Municipal
Court who shall be appointed by the Municipal Administrator in accordance
with civil service guidelines, and who shall perform the functions
and duties prescribed for him/her by law, the rules of court applicable
to Municipal Courts, and by the Municipal Judge. The Municipal Court
Administrator shall be entitled to the tenure rights afforded by N.J.S.A.
2A:8-13.3. He/she must either be certified as a Municipal Court Administrator
pursuant to N.J.S.A.2B:12-11, or be in a position to hold such certification
within six months of their appointment to the position pursuant to
New Jersey Court Rule 1:41-3. His/her duties shall include, but not
be limited to:
A.
Carrying out the rules, regulations, policies and
procedures relating to the operation of the Court.
B.
Interviewing and speaking to persons wishing to file
criminal complaints or wishing information in that regard; receiving
complaints and dispensing information relative to Court matters.
C.
Maintaining the financial records of the Court.
D.
Attending Court; recording pleas, judgments and dispositions;
arranging trial calendars; signing Court documents; preparing and
issuing warrants and commitments.
E.
Taking and preparing bail bonds, recognizances, and
security in lieu thereof; making inquiry concerning their sufficiency
and equity; receiving and accounting for fines and costs.
F.
Interviewing persons on informal Municipal court matters
to determine if there is a basis for formal action and, if necessary,
issuing summonses requiring Court appearances, maintaining and classifying
records and files.
G.
Maintaining, forwarding, receiving and reporting such
records, reports and files as are required by the State Director of
Motor Vehicles.
[Amended 5-24-2022 by Ord. No. O-22-8]
The Municipal Administrator may appoint a Deputy
Municipal Court Administrator and such other clerks who shall perform
the functions assigned to him/her by the Municipal Judge and by the
Municipal Court Administrator.
There shall be one or more Municipal Court Prosecutors
appointed by the Township Committee. When more than one Municipal
Court Prosecutor is appointed, one shall be designated as "Chief Municipal
Prosecutor" by the Township Committee. The Municipal Court Prosecutor
shall serve for a term of one year from the date of appointment until
the successor shall be appointed and qualified. The Municipal Court
Prosecutor shall be an attorney at law of the State of New Jersey
and shall provide all necessary and desirable legal counsel and advice
requested for the preparation and prosecution of cases and perform
such other duties as are provided for in N.J.S.A. 2B:25-1 et seq.
A.
There shall be a Municipal Court Public Defender appointed
by the Township Committee. The Municipal Court Public Defender shall
serve for a term of one year from the date of appointment and until
the successor shall be appointed and qualifies. The Municipal Court
Public Defender shall be an attorney at law of the State of New Jersey
and shall provide all necessary and desirable legal counsel and advice
required for the defense of cases in the Municipal Court of the Township
on behalf of those indigent defendants who are entitled by law to
appointment of counsel.
B.
A person applying for representation by the Municipal
Court Public Defender shall be required to pay an application fee
of $200. The Municipal Court may waive the required application fee,
in whole or in part, 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 charge for production of discovery documents
will be in compliance with the fee schedule detailed in N.J.S.A. 47:1A-1.
