Borough of Riverton, NJ Chapter 8 Court

[HISTORY: Adopted by the Mayor and Council of the Borough of Riverton 12-9-1948 by Ord. No. 179. Amendments noted where applicable.]

GENERAL REFERENCES

Salaries and compensation — See Ch. 32.

§ 8-1 Court established.

A Municipal Court is hereby established, pursuant to Chapter 264, Laws of 1948, as amended by Chapter 394, Laws of 1948, of the State of New Jersey,[1] which Court shall be known as the "Municipal Court of the Borough of Riverton," and the Judge of said Court shall be known as the "Municipal Judge."

[1] Editor's Note: See now N.J.S.A. 2B:12-1 et seq.

§ 8-2 Powers and duties.

Said Court shall have, possess and exercise all the functions, powers, duties and jurisdiction of a Municipal Court as prescribed by said Chapter 264, Laws of 1948, as amended,[1] or as may hereafter be prescribed by law.

[1] Editor's Note: See now N.J.S.A. 2B:12-1 et seq.

§ 8-3 Municipal Judge: appointment; term; compensation.

[Amended 11-14-1974 by Ord. No. 315; 12-14-2005 by Ord. No. 21-2005[1]]

There shall be a Municipal Judge who shall be appointed by the Mayor, and who shall serve for a term of three years from the date of his appointment, and who shall be an attorney at law in the State of New Jersey as prescribed by law. His appointment shall be identical to and contemporaneous with the term of the Municipal Court Judge appointed by the Township Committee of Cinnaminson pursuant to § 1.24.050 of the Cinnaminson Township Code. The Municipal Judge shall be compensated pursuant to the terms of the current Cinnaminson Township Salary Ordinance.

[1] Editor's Note: The appointments of Judge, Court Administrator, Deputy Court, Municipal Court Clerk, Assistant Municipal Court Clerk, Substituted Prosecutor and Public Defender shall be effective 9-15-2005, the effective date of the interlocal service agreement between the Borough of Riverton and the Township of Cinnaminson.

§ 8-4 Municipal Court Clerk, Assistant Municipal Court Clerk and Violation Clerk.

[Added 11-14-1974 by Ord. No. 315; amended 12-14-2005 by Ord. No. 21-2005[1]]

A. The positions of Municipal Court Clerk and Assistant Municipal Court Clerk shall be appointed by the Borough Council of the Borough of Riverton, and such appointments shall be identical to and correspond with the terms of the Municipal Court Clerk and Assistant Municipal Court Clerk of the Township of Cinnaminson as set forth in § 1.24.050b and c of the Cinnaminson Township Code.

B. The Violation Clerk shall be appointed by the Municipal Court Judge for a one-year term and will receive a salary as prescribed by the Salary Ordinance of the Township of Cinnaminson. The Municipal Court Clerk and Assistant Court Clerk shall receive a salary as prescribed by the current Salary Ordinance of the Township of Cinnaminson.

[1] Editor's Note: The appointments of Judge, Court Administrator, Deputy Court, Municipal Court Clerk, Assistant Municipal Court Clerk, Substituted Prosecutor and Public Defender shall be effective 9-15-2005, the effective date of the interlocal service agreement between the Borough of Riverton and the Township of Cinnaminson.

§ 8-5 Disposition of fines.

[Amended 11-14-1974 by Ord. No. 315]

The costs and fees charged against defendants, when collected, shall become municipal funds and shall be turned over to the Violations Clerk of the municipality. The fines and penalties imposed in said Municipal Court shall be disposed of as prescribed by law.

§ 8-6 Location of Court.

[Added 11-14-1974 by Ord. No. 315; amended 12-14-2005 by Ord. No. 21-2005[1]]

Said Municipal Court shall be located in the Cinnaminson Township Municipal Building, 1621 Riverton Road, Cinnaminson, New Jersey.

[1] Editor's Note: The appointments of Judge, Court Administrator, Deputy Court, Municipal Court Clerk, Assistant Municipal Court Clerk, Substituted Prosecutor and Public Defender shall be effective 9-15-2005, the effective date of the interlocal service agreement between the Borough of Riverton and the Township of Cinnaminson.

§ 8-7 Public Defender application fee.

[Added 6-9-1994 by Ord. No. 7-94]

In order to obtain the services of the Municipal Public Defender, an application must be filed with the Municipal Court on a form provided by the Borough. The application form shall be consistent with the requirements of N.J.S.A. 2A:158A-1 et seq. In addition:

A. The Municipal Court Judge shall make the decision as to which defendants are indigent after reviewing the defendant's application. This determination shall be based upon whether the applicant fits within the definition of "indigent defendant" found within N.J.S.A. 2A:158A-2.

B. The Municipal Court Administrator shall assess an application fee of not more than $200 but only in an amount necessary to pay the costs of the Municipal Public Defender's services to each person who makes an application for such services. The Municipal Court may permit a person to pay the application fee over a period of time not to exceed four months.

[Amended 3-8-2001 by Ord. No. 5-01]

C. The defendant's inability to pay the application fee shall in no way affect or reduce the rendering of services to him. In the case of a defendant who is unable or unwilling to pay the application fee, the fee shall become a lien, and the Borough may collect the fee consistent with N.J.S.A. 40:6A-1 and N.J.S.A. 2A:158A-19.

D. In all cases where it appears that the defendant has, or reasonably expects to have, means to meet some part, though not all, of the services rendered to him, he shall be required to reimburse the Borough either by a single payment or in installments, in such amount as he or she can reasonably be expected to pay, but no default or failure in making of such payment shall be made by the Municipal Court Judge, based on the defendant's application for Municipal Public Defender assistance.

E. All moneys collected as application fees shall be used exclusively to help defray the cost of administering the Municipal Public Defender system in the Municipal Court.

§ 8-8 Appointment of Prosecutor and Substitute Prosecutor.

[Added 10-10-2002 by Ord. No. 7-02; amended 12-14-2005 by Ord. No. 21-2005[1]]

The Municipal Prosecutor and Substituted Prosecutor shall have the qualifications required by law and shall be appointed by the Mayor and Council for one calendar year which appointment shall be contemporaneous and identical to the appointments made by the Township of Cinnaminson, and shall receive compensation as established by the Township of Cinnaminson in their current Salary Ordinance.

[1] Editor's Note: The appointments of Judge, Court Administrator, Deputy Court, Municipal Court Clerk, Assistant Municipal Court Clerk, Substituted Prosecutor and Public Defender shall be effective 9-15-2005, the effective date of the interlocal service agreement between the Borough of Riverton and the Township of Cinnaminson.

§ 8-9 Appointment of Public Defender.

[Added 10-10-2002 by Ord. No. 7-02; amended 12-14-2005 by Ord. No. 21-2005[1]]

The Municipal Public Defender shall have the qualifications required by law and shall be appointed by the Mayor and Council for one calendar year and until their successors are appointed and qualified. These appointments shall be identical and contemporaneous with the appointment of the Cinnaminson Township Public Defender, and his compensation shall be as fixed by the Cinnaminson Township Salary Ordinance.

[1] Editor's Note: The appointments of Judge, Court Administrator, Deputy Court, Municipal Court Clerk, Assistant Municipal Court Clerk, Substituted Prosecutor and Public Defender shall be effective 9-15-2005, the effective date of the interlocal service agreement between the Borough of Riverton and the Township of Cinnaminson.