[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Editor's Note: This ordinance also repealed former Ch. 17,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.
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.
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.
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.
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.