[HISTORY: Adopted by the Township Committee of the Township of Upper Deerfield as indicated in article histories. Amendments noted where applicable.]
Article I Establishment; Municipal Court Judge
Article II Public Defender
[Adopted 7-7-1949 by Ord. No. 57 (Ch. 7, Art. I, of the 1977 Township Code)]
[Amended 11-17-2011 by Ord. No. 683]
The municipal court for the Township of Upper Deerfield shall be established as a joint municipal court unless the Township Committee by a majority vote determine to operate an individual Township municipal court pursuant to the provisions of this Chapter §§ 12-1 through 12-18. Effective January 30, 2012, Upper Deerfield Township shall participate in the establishment of a joint court to be known as the CS Regional Municipal Court, unless the Township Committee determines by resolution that such participation shall not be in the best interest of Upper Deerfield Township. During such times as Upper Deerfield Township is a member of the CS Regional Municipal Court, its participation shall be controlled by the agreement establishing and setting forth the conditions and obligations pertaining to the operation of the CS Regional Municipal Court. In the event Upper Deerfield Township shall withdraw from participation in the CS Regional Municipal Court, then the municipal court of the Upper Deerfield Township shall be operated as provided in this chapter as may be amended from time to time.
Editor's Note: This ordinance was amended by Ord. No. 729, adopted 5-21-2015, to "authorize participation by Downe Township in the joint municipal court known as CS Regional Municipal Court." A complete copy of Ord. No. 729 is on file in the Township offices.
The territorial jurisdiction of said Court shall be the territory embraced within the Township of Upper Deerfield, and said Court shall have and exercise jurisdiction in civil and criminal matters as provided in the aforesaid statutes and the supplements and amendments thereof.
The Municipal Court shall have a judge, who shall be known as the "Judge of the Municipal Court" and who shall be a resident of this state and an attorney at law or a person who has had actual experience as recorder, police judge or justice of the peace or who is qualified under any statute or rule of court.
The Judge of the Municipal Court shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified. When appointed to fill a vacancy, he shall hold office for the unexpired term only.
[Amended 6-2-1977 by Ord. No. 168]
The Judge shall receive such compensation as shall be provided in the annual Salary Ordinance, which shall be paid at the same time and in the same manner as the salaries of other officials of the Township are paid, and said salary shall be in lieu of any and all fees and costs.
[Amended 11-3-2011 by Ord. No. 682]
The Township Committee may, by ordinance or resolution, provide for a Municipal Court Administrator and other necessary clerical and other assistants for the Municipal Court and provide for their compensation, or may designate any officer or employee of the Township to serve as Municipal Court Administrator, with or without additional compensation.
[Amended 6-2-1977 by Ord. No. 168]
The Judge of the Municipal Court and any other official of this Court who may be appointed hereunder shall, before entering upon the performance of their duties, take and subscribe an oath in substantially the same manner as provided in N.J.S.A. 41:2A-1 et seq.
The Municipal Court shall sit at such time and place as may be designated by the Judge, provided that the Township Committee may, by resolution, provide for a permanent place for said Court to sit.
The Municipal Court shall have a seal which shall bear the impress of the name of the Court.
The Township shall provide the necessary accommodations for said Court, and supplies for said Court, certified to by the Judge, shall be furnished by the Township.
All fees and costs collected in the Municipal Court shall become Township funds and be paid over to the Township Treasurer at least once each month as provided by law.
Editor's Note: Original Section 12, which immediately followed this section and pertained to the transfer of cases and records from the Magistrate's or Recorder's Court to the Municipal Court, was deleted 6-2-1977 by Ord. No. 168 as being of no further effect.
Whenever the Judge of the Municipal Court shall be unable to sit, he may designate any other judge of any municipal court in this county or an attorney at law of this county to sit for him temporarily and hold the Municipal Court. Any such designation shall be made in writing and filed in the Court.
[Adopted 5-5-1994 by Ord. No. 422; amended in its entirety 12-29-1997 by Ord. No. 473 (Ch. 7, Art. II, of the 1977 Township Code)]
Editor's Note: This ordinance also provided that, to the extent of any inconsistency herewith, Ord. No. 461 is repealed, and that this ordinance shall take effect on January 1, 1998.
Any indigent defendant who is charged with an offense of consequence or an offense which could result in incarceration shall be entitled to apply to the Municipal Court for representation by the Municipal Public Defender of the Township of Upper Deerfield.
The provision of services by the Municipal Public Defender of the Township of Upper Deerfield shall be rendered in accordance with and consistent with P.L. 1997, Chapter 256, and the office of Public Defender of the Township of Upper Deerfield shall be operated pursuant to and in accordance with P.L. 1997, Chapter 256.
An indigent defendant seeking representation by the Public Defender of the Township of Upper Deerfield shall pay a fee to the Township of Upper Deerfield in the amount of $200.
In the event that the Municipal Public Defender is unable to represent an indigent defendant assigned to him by the Municipal Court of the Township of Upper Deerfield for representation, then in such event the Municipal Court shall appoint other approved counsel to represent such indigent defendant. Upon completion of representation of an assigned indigent defendant, court-appointed counsel other than the Municipal Public Defender shall be entitled to payment by the Township of Upper Deerfield in an amount not to exceed $200, which amount shall be substantiated by no less than the expenditure of two hours of court-approved counsel's time and upon submission of a voucher and itemized billing detailing expenditures and time expended. In the event that court-approved counsel other than the Municipal Public Defender has expended or bills the Township of Upper Deerfield less than $200, and in the event that an application fee in the amount of $200 has been paid, then the difference shall be remitted to the indigent defendant by the Township of Upper Deerfield.
In the discretion of the Municipal Court, an application fee paid pursuant to this article and in accordance with P.L. 1997, Chapter 256, may be paid over a period of time not to exceed four months.
Funds collected pursuant to this article shall be deposited in a dedicated fund administered by the chief financial officer of the Township of Upper Deerfield. Such fund shall be used exclusively to meet the costs incurred in providing the services of a Municipal Public Defender, including, when required and in accordance with P.L. 1997, Chapter 256, expert and lay investigation and testimony.