[HISTORY: Adopted by the Township Committee of the Township
of Knowlton as indicated in article histories. Amendments noted where
applicable.]
[Adopted by Ord. No. 81-10 (Sec. 2-5 of the Revised General Ordinances)]
A municipal court of the Township of Knowlton is hereby established
as of the effectual date of this article, pursuant to the provisions
of N.J.S.A. 2A:8-1 et seq.[1]
[1]
Editor's Note: N.J.S.A. 2A:8-1 et seq. was repealed by
L. 1993, c. 293. See now N.J.S.A. 2B-12-1 et seq.
The name of the municipal court shall be the "Municipal Court
of the Township of Knowlton."
The Court shall have a seal, which shall bear the impress of
the name of the Court.
There shall be a Municipal Judge of said Municipal Court, who
shall be nominated and appointed by the Township Committee. The Judge
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 qualifications of the Judge shall be as provided in N.J.S.A.
2A:8-7.[1]
[1]
Editor's Note: N.J.S.A. 2A:8-7 was repealed by L. 1993,
c. 293. See now N.J.S.A. 2B:12-7.
The Municipal Judge shall receive an annual salary as determined
and enacted by the Township Committee in its annual salary ordinance
and paid in the same manner as salaries of other municipal officers
and employees. Said salary shall be in lieu of any and all other fees.
The Municipal Court and the Municipal Judge shall have, possess
and exercise all the functions, powers, dates and jurisdiction conferred
by the provisions of Chapter 264 of the Laws of 1948, as amended and
supplemented.
There shall be a Clerk of the Municipal Court, who shall be
nominated and appointed by the Township Committee. The Clerk shall
serve for a term of one year from the date of his or her appointment
and until his or her successor has been appointed and qualified. The
Clerk shall receive an annual salary as determined and enacted by
the Township Committee in its annual salary ordinance and paid in
the same manner as other municipal employees. Said salary shall be
in lieu of any and all other fees.
The Township Committee shall have the authority to nominate
and appoint additional court personnel as determined by the Township
Committee.
[Adopted 11-10-1997 by Ord. No. 97-15]
There is hereby created the position of Municipal Public Defender
for the Township of Knowlton, beginning March 23, 1998, which position
shall be filled by an attorney at law of New Jersey, in good standing.
The term for the initial appointment of the Municipal Public Defender
shall be from the date of appointment until December 31, 1998. Thereafter
the term shall be for one year or until the qualification of his or
her successor. The Municipal Public Defender shall be compensated
either on an hourly, per diem, annual or other basis, as determined
by the ordinance, resolution or agreement setting compensation.
The duties of the Municipal Public Defender shall be to represent
any defendant charged with an offense in Municipal Court who is an
indigent municipal defendant entitled to representation pursuant to
N.J.S.A. 2B:24-1 et seq., not including de novo appeals to the Superior
Court.
A Municipal Public Defender may be removed by the Mayor and
Committee for good cause shown and after a public hearing and upon
due notice and an opportunity to be heard. Failure to reappoint a
Municipal Public Defender for a second or subsequent term does not
constitute a removal from office within the meaning of this section.
A.
If after March 23, 1998, there is a vacancy in the Office of Municipal
Public Defender, if the Municipal Public Defender is temporarily unavailable
or if a finding of conflict of interest precludes the Municipal Public
Defender from representing an indigent defendant, the Municipal Court
may appoint a qualified attorney to represent the indigent defendant,
at compensation to be paid by the municipality, at rates to be established
by resolution of the Mayor and Committee, or in absence of such rates,
at the rates established by the Office of the Public Defender in conflict
cases, with payment to be made within 30 days of submission of a voucher
in the proper form.
B.
Once appointed, the attorney shall carry out all duties of the Municipal
Public Defender in connection with the case that is the subject of
the appointment.
A person applying for representation by a Municipal Public Defender
or court-appointed counsel shall pay, on or after December 22, 1997,
an application fee of $200 to the Township of Knowlton. The Municipal
Court Judge may waive the required application fee, in whole or in
part, only if the Court determines, in its discretion, upon a clear
and convincing showing by the applicant, that the application fee
represents an unreasonable burden on the person seeking representation.
The Municipal Court may permit a person to pay the application fee
over a specific period of time, not to exceed four months.
Funds collected pursuant to § 18-14 of this article shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Township of Knowlton. Such funds shall be used exclusively to meet the costs incurred in providing the services of the Municipal Public Defender, including, when required, expert and lay investigation and testimony.
There shall be no obligation of the Township of Knowlton to
pay for expert and lay investigation or testimony, necessary to the
defense of an indigent, prior to March 23, 1999.
The Township of Knowlton shall have all lien and collection
rights on any property to which the defendant, or parents or legal
guardians of a minor defendant, shall have or acquire an interest
for in an amount equal to the reasonable value of services rendered
to a defendant by the Municipal Public Defender or court-approved
compensated counsel, consistent with N.J.S.A. 2B:24-11, 2B:24-12,
2B:24-13, 2B:24-14, 2B:24-15 and 2B:24-16, or as otherwise provided
by law.
