[Amended 2-12-1980 by Ord. No. 1-80]
[Amended 6-25-1991 by Ord. No. 16-91]
The Municipal Court, as heretofore established and empowered pursuant to law (N.J.S.A. 2A:8-1 et seq.),[1] is continued. The Judge of the Municipal Court shall hereafter be appointed by the Mayor, with the advice and consent of the Council, for a term of three years. The Council shall also appoint a Municipal Court Administrator for a term of two years. The Judge of the Municipal Court is hereby empowered to appoint a Violations Clerk, who may also be the Municipal Court Administrator or Deputy Court Administrator as provided by Supreme Court Rule 7:7-1. The Municipal Court Administrator and the Violations Clerk shall be subject administratively to the Judge and the Business Administrator.[2]
[1]
Editor's Note: N.J.S.A. 2A:8-1 was repealed by L. 1993, c. 293.
[2]
Editor's Note: The following original sections of the 1973 Code were repealed 9-25-1990 by Ord. No. 40-90: §§ 2-87, Planning Board; 2-88, Board of Adjustment; 2-89, Conservation Commission; 2-91, Shade Tree Committee; and 2-92, Citizens Advisory Committee.
Notes regarding repeal and renumbering of original sections of the 1973 Code: § 2-93, Library Committee, as amended, was repealed 8-10-1976 by Ord. No. 22-76; § 2-93.1, Library consultant, as amended, was repealed 2-8-1977 by Ord. No. 3-77; §§ 2-90, Industrial and Economic Development Committee; 2-90.1, Multifamily Advisory Committee; and 2-94, Local Board of Health, were renumbered 9-25-1990 by Ord. No. 40-90: see now Ch. 15, Arts. II and III.
[Added 5-14-1996 by Ord. No. 17-96 (Ch. 51 of the 1990 Code)]
A. 
Position created; appointment; term. There is hereby created the position of Public Defender for the Township of Mount Olive, which position shall be filled by an appointment by the Mayor, with the advice and consent of the Township Council, to represent persons as directed by the Municipal Court Judge. The term of office of the Public Defender shall be one year, commencing January 1 of the calendar year and concluding December 31 of that same year.
B. 
Qualifications. The Public Defender shall be an individual who is licensed to practice law in the State of New Jersey and shall be paid on a per case basis when hired to represent indigent defendants.
C. 
Application for service of Public Defender; fee.
[Amended 2-24-1998 by Ord. No. 3-98]
(1) 
In order to obtain the services of Public Defender, an application must be filed in Municipal Court, on a form to be provided by the Township. The Municipal Court Judge shall make a decision as to whether a defendant is indigent after reviewing each defendant's application. This determination shall be based upon whether the defendant has the financial ability to secure competent legal representation and to provide all necessary expenses of representation.
(2) 
The Municipal Court Judge may assess an application fee not to exceed the sum of $200 and not in excess of the cost of the Public Defender defending the case from each defendant who makes an application for the services of the Public Defender. This fee shall be due regardless of whether the applicants are found to require the services of Public Defender; however, the Municipal Court Judge may waive this fee in whole or in part if the Judge determines that this application fee represents an unreasonable burden on said defendant. The defendant's inability to pay the application fee shall in no way effect or reduce the rendering of services to him/her. In the case of a defendant who is unable or unwilling to pay the application fee and for whom the fee was not waived, the fee shall become a lien, and the Township may collect the fee consistent with N.J.S.A. 40:6A-1, N.J.S.A. 2A:15A-19[1] or in any manner as permitted by law.
[1]
Editor's Note: See N.J.S.A. 2A:158A-19.
D. 
Salary. The salary for the Public Defender shall be fixed annually in the Township's municipal budget. The salary for 1996 is $6,000.