[HISTORY: Adopted by the Township Committee of the Township of Manalapan 10-27-1993
by Ord. No. 93-30 as Ch. 39 of the 1993 Code. Amendments
noted where applicable.]
There shall be a Municipal Court in the Township pursuant to the provisions
of Chapter 264 of the 1948 Laws of New Jersey, as amended and supplemented,[1] to be known as the "Municipal Court of the Township of Manalapan
in the County of Monmouth." The Municipal Court shall have a Seal bearing
the impress of the name of the Court. The Court shall be held in the Township
Hall at such time as the business of the Court requires or such other place
and times as the Township Committee shall designate from time to time and
shall exercise all the functions, powers, duties and jurisdiction conferred
upon Municipal Courts by the provisions of Chapter 264 of the 1948 Laws of
New Jersey, as amended and supplemented, or any other law.
[1]
Editor's Note: Repealed by L. 1993, c. 293. See N.J.S.A. 2B:12-1
et seq.
A.
There shall be a Municipal Judge of the Municipal Court
appointed by the Township Committee for a term of three years from the date
of appointment and until a successor shall be appointed and qualified.
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 Chapter 264 of the 1948 Laws of New Jersey, as amended
and supplemented, or by general law or ordinance.
There shall be a Clerk of the Municipal Court, who shall be appointed
by the Township Committee and perform such functions and duties as prescribed
for him by law, the rules applicable to Municipal Courts and by the Municipal
Judge. His 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 prospective complainants,
receiving complaints and dispensing information relating to Court matters.
C.
Maintaining the financial records of the Court.
D.
Attending Court, taking minutes of the trials and entering
them in the docket; arranging trial calendars; signing court documents; preparing
and issuing warrants and commitments.
E.
Taking and preparing bail bonds; making inquiry as to
their sufficiency and equity; receiving and accounting for fines and costs.
F.
Interviewing persons on informal Police Court matters
to determine if there is a basis for formal action and, if necessary, issuing
summonses requiring court appearances in this regard; maintaining and classifying
records and files.
[1]
Editor's Note: See N.J.S.A. 2B:12-10 regarding the Municipal
Court Administrator and Deputy Administrator.
There shall be a Deputy Clerk of the Municipal Court, who shall be appointed
by the Township Committee and perform the functions assigned to him by the
Municipal Judge and by the Municipal Court Clerk.
[Added 2-23-1994 by Ord. No. 94-04]
There shall be a Municipal Court Prosecutor appointed by the Township
Committee. The Municipal Court Prosecutor shall serve for a term of one year
from the date of appointment and until a successor shall be appointed and
qualified. The Municipal Court Prosecutor shall be an attorney-at-law of the
State of New Jersey, but need not reside in the Township. The Municipal Court
Prosecutor shall provide all necessary and desirable legal counsel and advice
requested for the preparation and prosecution of cases in the Municipal Court
of the Township. The Municipal Court Prosecutor shall conduct the prosecution
of such cases, except such crimes and offenses as it may be the duty of the
County or State officers to prosecute.
[Added 2-23-1994 by Ord. No. 94-04]
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 qualified. The Municipal Court Public Defender shall
be an attorney-at-law of the State of New Jersey, but need not reside in the
Township. The Municipal Court Public Defender 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.
Any 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.
[Amended 5-27-1998 by Ord. No. 98-18]
