[HISTORY: Adopted by the Township Committee of the Township
of Hazlet 12-16-2014 by Ord. No. 1560-14.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Administrative organization — See Ch. 5.
[1]
Editor's Note: This ordinance also repealed former Ch.
24, Court, Joint Municipal, adopted 10-4-2011 by Ord. No. 1499-11,
as amended.
Effective January 1, 2015, or upon the approval of the Joint Municipal Court of Hazlet Township and Matawan by the State of New Jersey Administrative Office of the Courts, the Joint Municipal Court of Hazlet, Keyport and Matawan is hereby abolished and §§ 24-1 through 24-16 of the Code of the Township of Hazlet are hereby repealed in their entirety and replaced by the following new sections establishing the Joint Municipal Court of Hazlet Township and Matawan Borough.
The Joint Municipal Court shall be abolished and this chapter shall be effective on the latter of January 1, 2015, or upon approval of the Joint Municipal Court of Hazlet and Matawan by the State of New Jersey Administrative Office of the Courts, and after due notice is given set forth in § 24-3. All summonses and other appropriate matters issuing or arising from the Township of Hazlet and the Borough of Matawan shall be processed in the Joint Municipal Court on and after the latter of January 1, 2015, or upon approval of the Joint Municipal Court of Hazlet and Matawan by the State of New Jersey Administrative Office of the Courts, which remain pending.
Notice of repeal and abolishment of the Joint Municipal Court
of Hazlet, Keyport and Matawan and establishment of the Joint Municipal
Court of Hazlet and Matawan shall be given in writing to the Administrative
Offices of the Courts and the Assignment Judge of the Monmouth Vicinage
in writing and posted in the municipal buildings of the participating
municipalities in a location where public notices are normally posted.
The Mayor and governing bodies of the participating municipalities
desire to establish a single Joint Municipal Court to be located in
the Township of Hazlet.
The Township of Hazlet hereby approves and agrees to the terms
of the Shared Services Agreement for the Establishment of a Joint
Municipal Court Between the Township of Hazlet and Borough of Matawan,
to be incorporated herein by reference and expressly authorizes the
Mayor and Clerk of the Township of Hazlet to execute the agreement
on behalf of the Township.
Pursuant to the provisions of N.J.S.A. 2B:12-1 et seq., the
Joint Municipal Court of Hazlet and Matawan is hereby established.
The Municipal Court of Hazlet Township shall have an official
seal which shall bear the impress of the name of the Court.
In accordance with N.J.S.A. 2B: 12-4, the Judge of the 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 a judge shall be an annual
salary as is now or hereinafter may be provided by ordinance and in
accordance with the terms of the Shared Services Agreement for the
Establishment of a Joint Municipal Court Between the Township of Hazlet
and the Borough of Matawan.
The territorial jurisdiction of the Joint Municipal Court shall
be coextensive with the territory of the Township of Hazlet and Borough
of Matawan.
There shall be a Municipal Court Administrator who shall be
appointed as provided by this chapter and in accordance with the terms
of the Shared Services Agreement for the Establishment of a Joint
Municipal Court Between the Township of Hazlet and the Borough of
Matawan.
The Joint Municipal Court Prosecutor shall be appointed in the
manner provided by this chapter and in accordance with the terms of
the Shared Services Agreement for the Establishment of a Joint Municipal
Court Between the Township of Hazlet and the Borough of Matawan. The
Municipal Prosecutor shall have 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 the manner provided by this chapter and in accordance with the
terms of the Shared Services Agreement for the Establishment of a
Joint Municipal Court Between the Township of Hazlet and the Borough
of Matawan.
B.
Representation. Any person applying to the Joint Municipal Court
for representation by a Municipal Public Defender shall, in accordance
with N.J.S.A. 2B:24-1 et seq., pay an application fee of not more
than $200, but only in an amount determined by the Municipal Court
judge necessary to pay the costs of the municipal public defender
services. The Municipal Court 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 the law.
All ordinances or parts of ordinances or resolutions inconsistent
or in opposition to the provisions of this chapter are hereby repealed
in their entirety.
If any provision of this chapter or the application of this
chapter to any person or circumstances is held invalid, the remainder
of this chapter shall not be affected and shall remain in full force
and effect.
This chapter shall take effect on January 1, 2015, or as authorized
by the New Jersey Administrative Office of the Courts or as otherwise
provided by law and upon adoption of a substantially similar ordinance
by the Borough of Matawan.
