[HISTORY: Adopted by the Township Committee of the Township
of Quinton 4-6-2011 by Ord. No. 2011-02.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 15,
Court, adopted 3-5-2003 by Ord. No. 2003-4.
An agreement entitled "Agreement Between the Borough of Woodstown,
the Township of Mannington, the Borough of Elmer, the Township of
Quinton, and the Township of Oldmans to Establish the Mid Salem County
Municipal Court," hereafter referred to as "Agreement," which agreement
shall be kept on file in the Office of the Quinton Township Clerk,
Quinton Municipal Building, 885 Quinton Road, Quinton Township, New
Jersey, 08072, and available for public inspection during the Township
of Quinton's regular business hours, is hereby authorized to be entered
into by Quinton Township, and its Mayor and Clerk are authorized to
sign same as evidence of this authorization.
By this article and said Agreement, and by similar ordinances
adopted by the Borough of Woodstown, the Borough of Elmer, the Township
of Mannington, and the Township of Oldmans, there is established a
single Mid Salem County Municipal Court for the Borough of Woodstown,
the Township of Mannington, the Borough of Elmer, the Township of
Quinton, and the Township of Oldmans titled, and hereinafter referred
to as, the "Mid Salem County Municipal Court." The jurisdiction of
this Mid Salem County Municipal Court shall be coextensive with the
territories of the Borough of Woodstown, the Township of Mannington,
the Borough of Elmer, the Township of Quinton, and the Township of
Oldmans, in Salem County, New Jersey.
The Judge of the Mid Salem County Municipal Court shall be nominated
and appointed by the Governor of the State of New Jersey, with the
advice and consent of the Senate of the State of New Jersey pursuant
to N.J.S.A. 2B:12-4(b). If for any reason the appointed judge is unable
to serve or if a judge is not appointed as provided in N.J.S.A. 2B:12-4(b),
an acting judge shall be appointed by the Vicinage 15 Assignment Judge
as provided in N.J.S.A. 2B:12-6.
The Administrator, Deputy Administrator(s), Prosecutor, Public
Defender and all other personnel shall be appointed by mutual agreement
and similar resolutions by the Township of Mannington, hereinafter
referred to as "Mannington," the Borough of Woodstown, hereinafter
referred to as "Woodstown," the Borough of Elmer, hereinafter referred
to as "Elmer," the Township of Quinton, hereinafter referred to as
"Quinton," and the Township of Oldmans, hereafter referred to as "Oldmans."
The Mid Salem County Municipal Court shall become effective
and commence on April 1, 2011, and on that date the Municipal Court
heretofore existing for Woodstown, Mannington, Elmer and Quinton shall
be abolished, and that court's functions, powers, duties and records
shall be transferred to the Mid Salem County Municipal Court established
pursuant to this article, and by agreement with and pursuant to the
ordinances of Woodstown, Mannington, Elmer, Quinton and Oldmans. Cases
established in Oldmans Township on and after April 1, 2011, shall
be prosecuted in the Mid Salem County Municipal Court established
pursuant to this article, and by agreement with and pursuant to the
ordinances of Woodstown, Mannington, Elmer, Quinton and Oldmans. Oldmans
Township represents that it has made arrangements with Carneys Point
Township to terminate its relationship for municipal court services.
The transfer or other disposition of municipal court cases originating
in Oldmans Township prior to April 1, 2011, shall be as agreed between
Oldmans and Carneys Point.
Woodstown shall furnish all facilities, such as courtroom judge's
chamber, administrator's office, violations bureau, recording equipment,
phones, computers, filing cabinets and furniture for the proper administration
of justice in the Mid Salem County Municipal Court.
A Mid Salem County Municipal Court Committee shall be formed
consisting of one representative appointed by Woodstown, one representative
appointed by Mannington, one representative appointed by Elmer, one
representative appointed by Quinton and one representative appointed
by Oldmans. The Mid Salem County Municipal Court Committee shall be
an advisory committee whose recommendations as to actions appropriate
for the municipalities shall be transmitted to the individual municipalities
for approval. The Mid Salem County Municipal Court Committee shall
submit a memorandum of understanding for approval by the governing
bodies on an annual basis.
Compensation for the Judge, Administrator, Deputy Administrator(s),
Prosecutor, Public Defender and all other personnel for the Mid Salem
County Municipal Court shall be fixed by mutual agreement and similar
ordinances adopted by Woodstown, Mannington, Elmer, Quinton and Oldmans.
The expenses for the operation of the Mid Salem County Municipal Court
shall be approved by Woodstown, Mannington, Elmer, Quinton and Oldmans.
Woodstown shall make payment of said compensation and expenses and
shall be reimbursed by Quinton, Elmer, Mannington and Oldmans for
their share of same, upon presentation of monthly vouchers by Woodstown
to Mannington, Elmer, Quinton and Oldmans. The Public Defender specified
in this article shall be a Joint Municipal Public Defender appointed
to defend all cases for which assigned counsel is required. Total
expenditures for compensation and expenses for each year shall be
paid jointly by the five municipalities, with Woodstown paying 20%,
Mannington paying 19%, Elmer paying 29%, Quinton paying 12% and Oldmans
paying 20%. In addition to this allocation of expenses, Mannington,
Elmer, Quinton and Oldmans shall each pay to Woodstown a separate
annual sum to be agreed from time to time for administration and overhead
expenses. This rate of sharing shall continue until and unless changed
by mutual agreement among the five municipalities, which may be approved
by mutual resolutions, and shall be reviewed annually.
All fines, costs, fees, penalties and forfeitures, including
forfeitures of bail, imposed by the Mid Salem County Municipal Court,
and any other funds, which are distributable to local municipalities
shall be paid over and forwarded to the financial officer for that
municipality in which the complaint, charge, events, acts or violation
arose which produced the particular fine, cost, fee, penalty, forfeiture
or other funds. Distribution of such monies shall be made by the 15th
of the month for the previous month directly to the respective municipalities
along with a copy of the monthly cashbook.
Said Mid Salem County Municipal Court shall continue indefinitely
on a year-to-year basis unless terminated by either Woodstown, Mannington,
Elmer, Quinton or Oldmans adopting an ordinance prior to September
1, withdrawing its municipality from said Mid Salem County Municipal
Court effective December 31 of that same year and after advance written
notice to the other municipalities prior to September 1 for the termination
on December 31 of that same year. In the event a municipality wants
to withdraw from the agreement to establish the Mid Salem County Municipal
Court, then no less than three months' written notice shall be sent
by the withdrawing municipality to the other four municipalities.
The provisions of this article may be subject to modification
from time to time and may be amended by the parties by mutual agreement,
including the adoption of similar resolutions or ordinances when necessary
by the respective municipalities.
All employees of the Mid Salem County Municipal Court shall
receive an annual salary as set forth on the Annual Salary Ordinance
adopted for the Borough of Woodstown.
Pursuant to the Constitutions of the United States and the State
of New Jersey, a defendant has a right to be represented by counsel.
In the event that a defendant is indigent, such counsel must be provided
to the defendant at no cost to him or her. It is the policy of Quinton
Township to provide appointed counsel to indigent persons in accordance
with the provisions of N.J.S.A. 2B:24-1 et seq.
Any person who claims to be indigent and who desires the appointment
of counsel to represent him or her in a matter pending before the
Mid Salem County Municipal Court may make application for appointment
of counsel. The Judge of the Mid Salem County Municipal Court shall,
upon due examination, determine whether or not an applicant is indigent.
If the Judge finds an applicant to be indigent, the Judge shall appoint
a person authorized to practice law in the State of New Jersey as
attorney for the applicant.
Any person who shall apply for appointment of counsel shall
pay a fee of $200. Said fee shall be collected by the Administrator
of the Mid Salem County Municipal Court at the time the application
for appointed counsel is made. The requirement of a fee as set forth
in this section may be waived by the Judge of the Mid Salem County
Municipal Court upon showing that the applicant has no ability to
pay the application fee.
All fees collected pursuant to this chapter shall be utilized
in order to defray a portion of the cost of retaining appointed counsel
and the administrative costs of the Mid Salem County Municipal Court.
