[Adopted by Ord. No. 1308 as Ch. 2.60 of the 1998 Code]
A.
There shall be a Municipal Court Administrator and
a Deputy Municipal Court Administrator, both of whom shall be appointed
by the Municipal Judge, subject to the approval of the Administrator,
and they shall perform such functions and duties as shall be prescribed
for them by law, the rules applicable to municipal courts and by the
Municipal Judge. Their duties shall include but not be limited to:
(1)
Carrying out the rules, regulations, policies and
procedures relating to the operation of the Court prescribed by the
Supreme Court of New Jersey and Court Administrator.
(2)
Interviewing and speaking to prospective complainants,
receiving complaints and dispensing information relating to Court
matters.
(3)
Maintaining the financial records of the Court.
(4)
Attending Court, taking minutes of the trials and
entering them in the docket, arranging trial calendars, signing Court
documents and preparing and issuing warrants and commitments.
(5)
Taking and preparing bail bonds, making inquiry as
to their sufficiency and equity, receiving and accounting for fines
and costs.
(6)
Interviewing persons in neighborhood disputes to determine
if there is a basis for formal action and, if necessary, issuing summonses
requiring Court appearances in this regard and maintaining and classifying
records and files.
B.
The head of the Municipal Court shall be the Municipal
Court Judge, who shall be appointed by the Committee for a term of
three years. He shall be an attorney at law of New Jersey in good
standing. The Judge and Administrators shall receive such compensation
as may be provided by law.
There is hereby established on January 1, 1949,
in and for the Township of Montville in the County of Morris, a Municipal
Court pursuant to Chapter 293 of the Public Laws of 1993, as amended
(N.J.S.A. 2B:12-1 et seq.).
The name of this Court shall be the "Municipal
Court of the Township of Montville in the County of Morris," and it
shall have such civil and criminal jurisdiction as provided by law.
The Municipal Court shall have a Judge, who
shall be known as the "Judge of the Municipal Court" and who shall
have such qualifications as may be provided by law. The Judge shall
be appointed by the Township Committee and shall serve for a term
of three years from the date of his appointment, until his successor
is appointed and qualifies.
The Judge of the Municipal Court shall, before
entering upon the duties of his office, take and subscribe to an oath,
as provided by law. The salary of the Judge shall be as provided in
the salary ordinances of the Township.
The Township Committee may, by resolution, provide for a Municipal Court Administrator, a Deputy Municipal Court Administrator and such other necessary clerical and other assistants as it may deem necessary. The Municipal Court Administrator and the Deputy Municipal Court Administrator shall be appointed by the Municipal Judge, subject to the approval of the Township Administrator, and shall perform such functions and duties as set forth in § 4-1.
The Township Committee shall provide the necessary
accommodations for the Court and shall furnish a court seal as required
by law, as well as other necessary supplies.
Whenever the Judge of the Municipal Court shall
be unable to sit as such Judge, he may designate any other Judge of
any Municipal Court or an attorney at law to sit for him temporarily
and hold the Municipal Court, provided that any such designation shall
be made in writing and shall be filed in the said Court, and any such
person so designated, while sitting temporarily, shall have all the
powers of the Judge of said Court.
Anything in this article to the contrary notwithstanding,
the duties, powers and jurisdiction of the Municipal Court and the
Judge thereof shall be such as shall from time to time be prescribed
or established by law and the rules of the Supreme Court of New Jersey
and this article.
A.
An attorney at law of the State of New Jersey shall
be appointed to act as Municipal Court Public Defender. The Municipal
Court Public Defender shall be appointed by the Township Committee,
and shall serve for a term of one year from the date of his or her
appointment until a successor is appointed and qualified.
B.
A person applying for representation by a Municipal Public Defender shall pay an application fee in the amount set forth in Chapter 169, Fee Schedule. The application fee may be waived by a Municipal Court Judge. The Municipal Court Judge may allow the fee to be paid over a four-month period where appropriate. The funds collected as application fees shall be turned over to the Chief Finance Officer to be deposited in a dedicated fund to cover the costs incurred in providing a Municipal Public Defender.[1]
