[Adopted 12-22-1948 by Ord. No. 909 (Ch. 10 of the 1989 Code)]
A Municipal Court for the Borough of Hawthorne is established
as of January 1, 1949, pursuant to the provisions of N.J.S.A. 2B:12-1,
as amended and supplemented.
The name of the Municipal Court shall be the "Municipal Court
of the Borough of Hawthorne."
The Municipal Court shall have a Seal which shall bear the impress
of the name of the Court.
[Amended 12-20-1989 by Ord. No. 1510; 1-31-1990 by Ord. No. 1511]
There shall be a Judge of said Municipal Court who shall be
appointed by the Mayor, with the advice and consent of the Municipal
Council, and who shall serve for a term of three years from the date
of his or her appointment and until his or her successor is appointed
and qualified. The Judge shall be a resident of the State of New Jersey
duly admitted to practice law as an attorney before the Supreme Court
of New Jersey.
[Amended 12-20-1989 by Ord. No. 1510]
The Judge of the Municipal Court shall receive an annual salary
as provided for in the annual Salary Ordinance, to be paid in the
same manner as the salaries of other municipal officers are paid and
which shall be in lieu of all fees, costs and any other allowances
whatsoever.
[Amended 12-20-1989 by Ord. No. 1510]
Said Municipal Court and the Judge thereof shall have, possess
and exercise all the functions, powers, duties and jurisdiction conferred
by the provisions of N.J.S.A. 2B:12-1 et seq, as amended and supplemented,
or by any other law.
[Amended 12-20-1989 by Ord. No. 1510; 12-1-1993 by Ord. No. 1595; 2-1-1995 by Ord. No. 1614; 6-6-2007 by Ord. No. 1902-07; 11-28-2018 by Ord. No. 2217-18]
There shall be a Municipal Court Administrator and a Deputy
Municipal Court Administrator who shall be hired in accordance with
state statute and applicable Rules of the Superior Court of the State
of New Jersey. The Court Administrator shall perform all duties prescribed
by law for that position. The Deputy Court Administrator shall perform
the same duties but under the direction and supervision of the Administrator.
[Amended 12-20-1989 by Ord. No. 1510]
The location of the Court shall be in the Municipal Building.
[Added 1-31-1990 by Ord. No. 1511; amended 3-15-2017 by Ord. No. 2176-17; 11-28-2018 by Ord. No. 2217-18]
A.
The Mayor shall appoint a Municipal Prosecutor, with the advice and
consent of the Municipal Council, who shall be an attorney of the
State of New Jersey, in good standing, to hold office for a period
of two years, not to exceed the term of the Mayor, or until a successor
is named and appointed.
B.
The Mayor may appoint an Assistant Municipal Prosecutor, with the
advice and consent of the Municipal Council, who shall be an attorney
of the State of New Jersey, in good standing, to hold office for a
period of two years, not to exceed the term of the Mayor, or until
a successor is named and appointed.
[Added 1-31-1990 by Ord. No. 1511; amended 3-15-2017 by Ord. No. 2176-17]
Such Municipal Prosecutor shall prosecute all such cases triable
in the Municipal Court and perform such other legal duties as may
be assigned. The Municipal Prosecutor shall also supervise the Assistant
Municipal Prosecutor and assign responsibilities thereto. The Assistant
Municipal Prosecutor shall otherwise have the same duties as the Municipal
Prosecutor.
[Added 1-31-1990 by Ord. No. 1511; amended 3-15-2017 by Ord. No. 2176-17]
The salary of the Municipal Prosecutor and Assistant Municipal
Prosecutor shall be fixed by the Annual Salary Ordinance.
[Added 1-31-1990 by Ord. No. 1511; amended 6-6-2007 by Ord. No.
1902-07; 11-28-2018 by Ord. No. 2217-18]
There shall be a Public Defender, who shall be an attorney at
law of the State of New Jersey, appointed by the Mayor, to hold office
for a period of two years, not to exceed the term of the Mayor, or
until a successor is named and appointed.
[Added 1-31-1990 by Ord. No. 1511; amended 4-15-1998 by Ord. No.
1693; 6-6-2007 by Ord. No. 1902-07]
A.
The Public Defender shall represent indigent defendants in proceedings
in the Municipal Court, as assigned by the Judge of the Municipal
Court.
B.
Persons applying for representation by the Municipal Public Defender
shall pay an application fee of $200. The Judge of the Municipal Court
may waive said fee, in whole or in part, if it is determined that
said fee represents an unreasonable burden on the person seeking representation.
[Added 1-31-1990 by Ord. No. 1511]
The Public Defender shall be paid such salary as may be fixed
by the Annual Salary Ordinance.
