[HISTORY: Adopted by the Mayor and Council of the Borough
of Glen Gardner 12-4-2012 by Ord. No. 2012-8.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
13, Court, Joint Municipal, adopted 12-4-2007 by Ord. No. 2007-9.
Pursuant to the powers and authority granted by N.J.S.A. 2B:12-1
et seq., there is hereby created and established a Municipal Court
for the Borough of Glen Gardner, in the County of Hunterdon, to be
known as the "Municipal Court of the Borough of Glen Gardner."
Pursuant to N.J.S.A. 2B:12-lc, the Mayor, on behalf of the Borough
Council, is hereby authorized to enter into a shared services agreement
to provide jointly for courtrooms, chambers, equipment, supplies and
employees for the municipal courts of the Borough of Glen Gardner
and another municipality, and to agree to appoint the same persons
as judges and administrators without establishing a joint municipal
court. Where the municipal courts of Glen Gardner Borough and another
municipality share facilities in this manner, the identities of the
individual courts shall continue to be expressed in the captions of
orders and process. Pursuant to N.J.S.A. 2B:12-1d., said interlocal
agreement may be terminated as provided in the agreement.
The jurisdiction of the Municipal Court of Glen Gardner Borough
shall be coextensive with the territory of the Borough of Glen Gardner,
County of Hunterdon, State of New Jersey, and shall commence on January
1, 2013.
A.
There shall be a Municipal Court Judge to be appointed and serve
such term as is provided by law.
B.
The Municipal Court Judge shall have and possess the qualifications
and shall have, possess and exercise all the functions, duties, powers
and jurisdiction conferred by law or ordinance. He or she shall be
an attorney at law of the State of New Jersey. Whenever the municipal
judge is unable to sit as such, he or she may designate any other
judge of any municipal court to sit for him or her temporarily and
hold the municipal court. Any such designation shall be in writing
and filed with the court, and any person so designated, while sitting
temporarily, shall possess all of the powers of the Municipal Court
Judge.
C.
The Municipal Court Judge shall be compensated in the manner established
by ordinance, resolution or as otherwise established according to
law in the case of shared municipal courts.
D.
In the case of shared municipal courts, any interlocal agreement
with another municipality may provide for the appointment of the same
person as Municipal Judge for said shared courts.
A.
The governing body of Glen Gardner may employ an attorney at law
as a Prosecutor, under the supervision of the County Prosecutor, who
may represent the municipality in any matter within the jurisdiction
of the Glen Gardner Municipal Court, in accordance with P.L. 1999,
c. 349 (N.J.S.A. 2B:25-1 et seq.).
B.
The Municipal Prosecutor shall be appointed for a one-year term commencing
January 1 and ending December 31, and may continue to serve in office
pending reappointment or appointment of a successor.
C.
The Municipal Prosecutor shall be compensated as provided in the
current salary ordinance and resolution of the Borough, or as otherwise
established according to law in the case of a shared municipal court.
D.
In the case of shared municipal courts, any interlocal agreement
with another municipality may provide for the appointment of the same
person as Municipal Prosecutor for said shared courts.
A.
There shall be a Municipal Public Defender who shall be appointed
by the municipal governing body for a one-year term, commencing January
1 and ending December 31.
B.
In accordance with the provisions of P.L. 1997, c. 256 (N.J.S.A 2B:24-1,
et seq.), the Municipal Public Defender shall be qualified as an attorney
at law of the State of New Jersey in good standing and shall represent
those defendants appearing in Municipal Court who are determined by
the Court to be indigent and whose representation is assigned to the
Municipal Public Defender by the Court.
C.
The Municipal Public Defender shall be compensated in the manner
established by ordinance, resolution or as otherwise established according
to law in the case of a shared municipal court.
D.
In the case of shared municipal courts, any interlocal agreement
with another municipality may provide for the appointment of the same
person as Municipal Public Defender for said shared courts.
A.
There shall be an Administrator of the Municipal Court who shall
perform the functions and duties prescribed for the Administrator
by law, by the rules applicable to the municipal courts and by the
Municipal Court Judge.
B.
The Administrator shall be appointed by the governing body for a
term of one year, commencing January 1 and ending December 31.
C.
The Municipal Court Administrator shall be compensated as specified
in the municipal salary ordinance and resolution, or as otherwise
established according to law in the case of a shared municipal court.
D.
In the case of shared municipal courts, any interlocal agreement
with another municipality may provide for the appointment of the same
person as Municipal Court Administrator for said shared courts.
A.
There may be one or more Deputy Administrators of the Municipal Court
who shall be appointed by the governing body for a one-year term commencing
January 1 and ending December 31.
B.
Deputy Municipal Court Administrators shall perform the functions
assigned to them by the Municipal Judge and the Municipal Court Administrator.
C.
The Deputy Municipal Court Administrator shall be compensated as
specified in the municipal salary ordinance and resolution, or as
otherwise established according to law in the case of a shared municipal
court.
D.
In the case of shared municipal courts, any interlocal agreement
with another municipality may provide for the appointment of the same
person as Deputy Municipal Court Administrator for said shared courts.
A.
There may be appointed such other necessary clerical and other assistance
for the Municipal Court as is necessary for the efficient operation
of the Municipal Court. Such clerical and other assistance shall be
compensated as provided in the current salary ordinance and resolution,
or as otherwise established according to law in the case of a shared
municipal court.
B.
In the case of shared municipal courts, any interlocal agreement
with another municipality shall provide for the appointment of the
same persons for clerical and other assistance for said shared courts.
