Township of Little Egg Harbor, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Little Egg Harbor; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
Pursuant to the provisions of N.J.S.A. 2B:12-1 et seq., there is hereby established a Municipal Court for the Township of Little Egg Harbor.
The name of the Municipal Court shall be the "Municipal Court of the Township of Little Egg Harbor, in the County of Ocean."
The Municipal Court shall have an official seal, which shall bear the name of the Court.
There shall be a Judge of said Municipal Court who shall be appointed by the governing body of the Township of Little Egg Harbor. Said Municipal Court 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. Any appointment to fill a vacancy not caused by the expiration of term shall be made for the unexpired term only.
Every Judge, temporary Judge, and Acting Judge of a Municipal Court shall be a resident of this state and an attorney at law admitted to practice in the State of New Jersey for at least five years, and in good standing.
The Judge of the Municipal Court shall receive an annual salary which shall be fixed by the Salary Ordinance of the Township of Little Egg Harbor. The salary shall be paid in the same manner as the salaries of other municipal officers are paid. The salary shall be in lieu of all fees.
The Municipal Court of the Township of Little Egg Harbor and the Judge thereof shall have, possess, and exercise all of the jurisdictions, functions, powers and duties conferred by law and the applicable Rules of the Supreme Court of New Jersey upon said Court and Judge.
There shall be an Administrator of the Municipal Court who shall be appointed by the governing body of the Township of Little Egg Harbor. The Administrator shall serve for a term of three years from the date of appointment and until a successor is appointed and qualified. The Administrator of the Municipal Court will receive an annual salary which shall be fixed by the Salary Ordinance of the Township of Little Egg Harbor. The salary shall be paid in the same manner as the salaries of other municipal officers and employees. Such salary shall be paid in lieu of any other fees.
A. 
A person shall be certified as a Municipal Court Administrator if the person:
(1) 
Is a high school graduate.
(2) 
Has a combination of two years of either full-time government employment performing duties related to those of Municipal Court Administrator, or higher education.
(3) 
Completes the training required by the Municipal Court Administrator Certification Board appointment by the Supreme Court.
(4) 
Passes the examination held by the Municipal Court Administrator Certification Board.
(5) 
Pays any required certification fee.
B. 
If a person has been serving in the position of Municipal Court Administrator for five years on the effective date of this chapter, he or she shall be certified as a Municipal Court Administrator if he or she passes the examination held by the Municipal Court Administrator Certification Board and pays any required certification fee. If said person has been serving that position for three years on the effective date of this chapter, he or she shall be certified as a Municipal Court Administrator if he or she completes the training required by a Municipal Court Administrator Certification Board, passes the examination held by a Municipal Court Administrator Certification Board, and pays any required certification fee. A certificate issued pursuant to this section may be revoked or suspended by the Municipal Court Administrator Certification Board for dishonest practices or failure to perform, or neglect of, duties of a Municipal Court Administrator.
The Administrator of the Municipal Court shall perform such functions and duties as shall be prescribed for said Administrator by law, by the rules applicable to Municipal Courts, and by the Judge of the Municipal Court of the Township of Little Egg Harbor.
Any process, order, warrant, or judgment issued by the Municipal Court may be signed by the Judge or be attested in the Judge's name and signed by the Municipal Court Administrator. The Municipal Court Administrator shall have the authority granted by law and the Rules of Court to Administrators and Clerks of Courts of record.
Before assuming the duties of office, a Judge or Administrator of the Municipal Court, or person employed by the Municipal Court who handles money in the scope of that employment, shall be covered by a bond or insurance against loss or misappropriation of funds, payable to the Township of Little Egg Harbor, County of Ocean, State of New Jersey, in an amount and with terms set by the Township of Little Egg Harbor.
There is hereby created the position of Deputy Court Administrator of the Municipal Court. The Deputy Court Administrator of the Municipal Court will receive an annual salary which shall be fixed by the Salary Ordinance of the Township of Little Egg Harbor. The salary shall be paid in the same manner as the salaries of other municipal officers and employees. The salary shall be paid in lieu of any other fees. The Deputy Court Administrator shall perform such functions and duties as shall be prescribed for the Deputy Court Administrator by law, the rules applicable to Municipal Court, and by the Judge of the Municipal Court.
The Municipal Court shall be held at the Municipal Building, 665 Radio Road, Little Egg Harbor Township, Ocean County, New Jersey. The Judge of the Municipal Court of the Township of Little Egg Harbor shall sit on such days and at such times as the business of the Court requires and as set by said Judge, subject to the rules applicable to municipal courts.
There is hereby created the Office of the Municipal Public Defender. The Mayor, with the advice and consent of Township Committee, may designate one or more attorneys at law of the State of New Jersey to provide representation of persons entitled by law to appointment of counsel, pursuant to the terms of N.J.S.A. 2B:24-3, for crimes and offenses cognizable by the Municipal Court of the Township of Little Egg Harbor. He or she shall serve for a term of one year and thereafter until his or her successor has been appointed and qualified.
The Public Defender shall defend indigent persons in the Municipal Court of the Township of Little Egg Harbor upon being requested to do so by the Municipal Judge, and shall perform such other duties as may be required by N.J.S.A. 2B:24-6, and any other applicable statutes and Rules of Court of the State of New Jersey.
Pursuant to N.J.S.A. 2B:24-1 et seq., the Township of Little Egg Harbor shall require any person applying for representation by the Municipal Public Defender to pay an application fee of not more than $200. The Municipal Court may waive any required 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.
The annual salary for the Municipal Public Defender shall be established by the Township Committee by ordinance. The compensation of a Municipal Public Defender for services rendered shall be in lieu of any and all other compensation by the Township.
In addition to any other means provided by law for the removal from office of a public official, a Municipal Public Defender may be removed by the Township Committee for good cause and after a public hearing, and upon due notice and an opportunity to be heard.
The Municipal Public Defender may represent private clients in any municipality, including the municipality where they act as a Municipal Public Defender, subject to the Rules of Court Governing the Conduct of Lawyers, Judges and Court Personnel.
There is hereby created the position of Municipal Court Prosecutor.
The Municipal Court Prosecutor shall be an attorney at law of the State of New Jersey in good standing.
The Municipal Court Prosecutor shall be appointed by the Mayor, with the advice and consent of the Township Committee. He or she shall serve for a term of one year and until his or her successor is appointed and qualified.
The Municipal Court Prosecutor shall appear in the Municipal Court on behalf of the State of New Jersey or the Township of Little Egg Harbor in any case therein pending, upon the request of the Municipal Judge, the Chief of Police or directive of the Mayor or Committee. He or she shall exercise the powers and duties assigned to such office by N.J.S.A. 2B:25-5, and any other applicable statutes and Rules of Court of the State of New Jersey.
In addition to any other means provided by law for the removal from office of a public official, a Municipal Court Prosecutor may be removed by the Township Committee for good cause and after a public hearing, and upon due notice and an opportunity to be heard.
The Municipal Court Prosecutor shall be compensated in accordance with a professional services contract as approved by resolution of the Township Committee. The compensation shall be in lieu of any and all other fees; provided, however, that when a Municipal Prosecutor is assigned to prosecute a de novo appeal in Superior Court, the Prosecutor shall be entitled to additional compensation, unless the municipality expressly provides otherwise at the time the compensation is fixed.