[HISTORY: Adopted by the Mayor and Council of the Borough of Clayton 11-10-2011 by Ord. No. 16-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 8, Court, consisting of Art. I, Establishment, adopted 11-11-1948; Art. II, Public Defender Application Fee, adopted 6-11-1998 by Ord. No. 6-98; Art. III, Municipal Prosecutor, adopted 2-12-2004 by Ord. No. 02-2004; and Art. IV, Municipal Court Discovery Fees, adopted 12-9-2004 by Ord. No. 14-2004.
Effective December 23, 2011, the Municipal Court of the Borough of Clayton is hereby abolished.
The Borough of Clayton Municipal Court shall be abolished and this chapter shall be effective December 23, 2011, at 12:00 midnight, and after due notice is given as set forth in § 8-3. All summonses and other appropriate matters issuing or arising from the Borough of Clayton, the Township of Elk and the Borough of Newfield shall be processed in the Elk Joint Municipal Court on and after January 1, 2012, including those matters arising prior to January 1, 2012.
Notice of repeal and abolishment of the municipal courts of the Borough of Clayton, Township of Elk and Borough of Newfield and establishment of the Elk Joint Municipal Court shall be provided, in writing, to the administrative offices of the courts and the Assignment Judges of the Vicinage and posted in the municipal buildings of the participating municipalities in a location where public notices are normally posted.
The mayors and governing bodies of the participating municipalities desire to establish a single Joint Municipal Court to be located in the Township of Elk located at 667 Whig Lane Road, Monroeville, New Jersey 08343.
The Borough of Clayton Council hereby approves and agrees to the terms of the "Agreement for the Operation of a Joint Municipal Court Between the Borough of Clayton, the Township of Elk and the Borough of Newfield" attached hereto and incorporated herein by reference and expressly authorizes the Mayor and Clerk of the Borough of Clayton to execute the agreement on behalf of the Borough.[1]
[1]
Editor's Note: Said agreement is on file in the Borough offices.
Pursuant to the provisions of N.J.S.A. 2B:12-1 et seq., the Elk Joint Municipal Court is hereby established.
The Elk Joint Municipal Court shall have an Official Seal which shall bear the impression of the name of the Court.
The territorial jurisdiction of the Elk Joint Municipal Court shall be coextensive with the territory of the Borough of Clayton, the Township of Elk and the Borough of Newfield, Gloucester County, New Jersey.
In accordance with N.J.S.A. 2B:12-4, as amended, the Judge of the Elk 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 the Judge shall be an annual salary as is now or hereinafter may be provided by ordinance and in accordance with the terms of the Agreement for the Operation of a Joint Municipal Court Between the Borough of Clayton, the Township of Elk and the Borough of Newfield.
There shall be a Joint Municipal Court Administrator and at least one Deputy Court Administrator who shall be appointed as provided by this chapter and in accordance with the terms of the Agreement for the Operation of a Joint Municipal Court Between the Borough of Clayton, the Township of Elk and the Borough of Newfield.
The Elk Joint Municipal Court support staff shall be appointed in the manner provided by this chapter and in accordance with the terms of the Agreement for the Operation of a Joint Municipal Court Between the Borough of Clayton, the Township of Elk and the Borough of Newfield.
The Joint Municipal Court Prosecutor shall be appointed in the manner provided by this chapter and in accordance with the terms of the Agreement for the Operation of a Joint Municipal Court Between the Borough of Clayton, the Township of Elk and the Borough of Newfield. The Joint Municipal Court Prosecutor shall have the 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 Agreement for the Operation of a Joint Municipal Court Between the Borough of Clayton, the Township of Elk and the Borough of Newfield. The Joint Municipal Court Public Defender shall have the jurisdiction, powers and duties prescribed by N.J.S.A. 2B:24-1 et seq.
B. 
Representation. Any person applying to the Elk Joint Municipal Court for representation by a Municipal Public Defender shall, in accordance with the provisions of N.J.S.A. 2B:24-17, pay an application fee of not more than $200, but only in an amount determined by the Joint Municipal Court Judge, necessary to pay the costs of municipal public defender services. The Joint Municipal Court Judge 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 law.
C. 
Alternate method of collection. If the payment of fee is deferred by the Joint Municipal Court Judge or the fee is otherwise unpaid, then the participating municipalities may endeavor to collect the fee in the manner provided in N.J.S.A. 40:6A-1 and N.J.S.A. 2A:158A-19.