Township of Fredon, NJ Chapter 17 Court, Joint Municipal

[HISTORY: Adopted by the Township Committee of the Township of Fredon 11-24-2014 by Ord. No. 2014-08.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 17, Court, Joint Municipal, adopted by Ord. No. 8-81, as amended.

§ 17-1 Creation of Court; name; effective date; jurisdiction; location.

A. Creation of Court. There has been created a Joint Municipal Court consisting of the following members: the Township of Andover, the Township of Hampton, the Township of Fredon, the Township of Byram, and the Borough of Andover, all located in Sussex County. The Court was created by an Agreement for Inter-Municipality Court for the Municipalities of Andover Township, Hampton Township, Fredon Township, Byram Township, and Andover Borough (hereinafter "shared services agreement") and is subject to the terms thereof.

B. Name of Court. The name of the Joint Municipal Court shall be the "Andover Joint Municipal Court (Andover, Hampton, Fredon and Byram Townships and Andover Borough)" (hereinafter "Joint Municipal Court" or "Municipal Court") and shall have a seal bearing the name of the Court.

C. Effective date. The effective date for the creation of the Joint Municipal Court shall be January 1, 2015.

D. Jurisdiction. The jurisdiction of the Joint Municipal Court shall be coextensive with the territories of the Township of Andover, Township of Fredon, Township of Hampton, Township of Byram, and Borough of Andover in the County of Sussex. The Court shall be under the jurisdiction of the Assignment Judge and Municipal Court Administrator for Vicinage 10 – Morris/Sussex.

E. Location of Court. The Joint Municipal Court shall sit in the Township of Andover or at such other place or places as hereafter may be designated by ordinance or resolution adopted by all participating municipalities.

§ 17-2 Municipal Judge: powers, duties and qualifications.

A. There shall be a Municipal Judge appointed as provided by law in the case of a joint municipal court. The Municipal Judge shall serve for a term of three years from the date of appointment and until the successor shall be appointed and qualified.

B. The Municipal 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/she shall be an attorney at law of the State of New Jersey. Whenever the Municipal Judge is unable to sit as such, he/she may designate any other judge of any municipal court to sit for him/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 the powers of the Municipal Judge.

C. The Municipal Judge shall faithfully carry out all of the duties and responsibilities of a Municipal Judge and shall abide by all rules and regulations established for Municipal Court Judges by the Administrative Office of the Courts.

D. The Municipal Court Judge shall have full management authority of Court operations, excluding the hiring and termination of all Court personnel.

§ 17-3 Prosecutor; Administrator; Public Defender; other personnel.

A. Municipal Prosecutor. There shall be a Municipal Prosecutor of the Municipal Court who shall prosecute cases in the Municipal Court. Qualifications for the position of Prosecutor are that the appointee shall be a duly licensed attorney at law of New Jersey, in good standing, and remain so throughout the term of service. The Municipal Prosecutor shall be appointed annually by Andover Township at the same time and in the same manner as other annual appointments are customarily made and shall continue to serve until a successor is duly appointed and qualified. The Municipal Prosecutor shall serve at the will of Andover Township, which service may be terminated upon thirty days' written notice. The compensation of the Municipal Prosecutor shall be determined by the Township of Andover.

B. Alternate Municipal Court Prosecutor. There shall also be appointed by Andover Township an Alternate Municipal Court Prosecutor, whose duties shall be the same as the Municipal Prosecutor's, but who shall act as Municipal Prosecutor only in the event the Municipal Prosecutor is absent or unavailable, or in the event the Municipal Prosecutor is unable to represent the state as a result of a conflict of interest. All provisions and references to the Municipal Prosecutor in this chapter shall apply to the Alternate Municipal Prosecutor in all respects. In the event that the Municipal Prosecutor is absent, unavailable or unable to represent the state due to a conflict of interest, the Municipal Prosecutor shall promptly notify the Municipal Court Administrator of such circumstances, and the matter shall then be reassigned to the Alternate Municipal Prosecutor, through the office of the Municipal Court Administrator.

C. Municipal Court Administrator. 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 municipal courts and by the Municipal Judge. The compensation of the Administrator shall be determined by the Township of Andover. The Administrator's duties shall include, but not be limited to:

(1) Carrying out the rules, regulations, policies and procedures relating to the operation of the Court.

(2) Interviewing and speaking to persons wishing to file criminal or quasi-criminal complaints or wishing information in this regard; receiving complaints and dispensing information relating to Court matters.

(3) Maintaining the financial records of the Court, including receiving and accounting for fines and costs.

(4) Attending Court; recording pleas, judgments and dispositions; arranging trial calendars; signing Court documents; preparing and issuing warrants and commitments and other Court-related documents.

(5) Maintaining and classifying records and files of the Court.

(6) Maintaining, forwarding, receiving and reporting such records, reports and files as required by the appropriate agencies.

(7) Carrying out such additional duties as may be required in order to fulfill the duties of Court Administrator.

D. Deputy Municipal Court Administrator. There shall be a Deputy Administrator of the Joint Municipal Court who shall perform the functions and duties prescribed by law, by the rules applicable to Municipal Court and by the Municipal Court Judge. The Deputy Administrator shall be appointed in accordance with the applicable Court rules. The Deputy Administrator shall be compensated as determined by the Township of Andover.

E. Public Defender. There shall be a Municipal Public Defender who shall represent eligible indigent defendants assigned by the Municipal Court Judge. The Municipal Public Defender shall be appointed for a one-year term by the Township of Andover. The compensation of the Public Defender shall be determined by the Township of Andover. The Municipal Public Defender shall be an attorney at law of the State of New Jersey in good standing. The Municipal Public Defender may be removed by the Andover Township governing body for good cause shown and after a public hearing upon due notice and an opportunity to be heard. Failure to reappoint a Municipal Public Defender shall not constitute a removal from office. The Municipal Public Defender may hold the same title in one or more municipal courts. The Municipal Public Defender may represent private clients in this and any other municipality, subject to the rules of court governing the conduct of lawyers, judges, and court personnel.

(1) Any person applying to the Joint Municipal Court for representation by a Municipal Public Defender must be charged with a crime as specified in N.J.S.A. 2B:12-18 or be charged with an offense where there is a likelihood, in the opinion of the Municipal Court Judge, that the defendant would be subject to imprisonment or other consequences of magnitude if convicted. The applicant shall pay an application fee in accordance with the provisions of N.J.S.A. 2B:12-28. The Municipal Court may waive said application fee in whole or part if the Court determines, in its discretion, that the application fee represents an unreasonable burden on the person seeking representation. Municipal responsibilities and reimbursements for Andover Township for such services as host Joint Court municipality will be as set forth in Andover Township's enabling ordinance.

F. Conflict Public Defender. There shall also be appointed by Andover Township a Conflict Public Defender, whose duties shall be the same as the Municipal Public Defender, but who shall act as Municipal Public Defender only in the event the Municipal Public Defender is absent or unavailable, or in the event the Municipal Public Defender is unable to represent a defendant as a result of a conflict of interest. All provisions and references to the Municipal Public Defender in this chapter shall apply to the Conflict Public Defender in all respects. In the event that the Municipal Public Defender is absent, unavailable or unable to represent a defendant due to a conflict of interest, the Municipal Public Defender shall promptly notify the Municipal Court Administrator of such circumstances, and the matter shall then be reassigned to the Conflict Public Defender, through the office of the Municipal Court Administrator.

G. Necessary clerical and other assistants. 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. The Township of Andover shall appoint such clerical and other assistants. Compensation thereof shall be in accordance with the salary ordinance adopted annually by the Township of Andover.

H. Auditor. The Auditor for the Township of Andover shall act as the Auditor for the Joint Municipal Court. The Auditor shall perform a yearly audit of the Municipal Court, which audit shall be prepared generally in accordance with the requirements of the Local Fiscal Affairs Law, N.J.S.A. 4A:5-1 et seq. A copy of the complete audit shall be supplied to each participating municipality by September 1 of each year.

§ 17-4 Contributions and compensation.

The Township of Hampton, the Township of Fredon, the Township of Byram, and the Borough of Andover shall pay the Township of Andover a fee in accordance with the shared services agreement between the parties referenced in § 17-1. The Township of Andover shall remit fines and levies collected for municipal code infractions occurring within the member municipalities to the applicable municipality on at least a monthly basis or as set forth in the shared services agreement amongst the municipalities.