[2000 Code § 3:1-1]
There shall be a municipal court to be known as the Municipal
Court of the Borough of Avalon which is created pursuant to N.J.S.A.
2B:12-1. The existence of the municipal court shall relate back to
the date of its initial creation notwithstanding the effective date
of this Code or any prior Code.
[2000 Code § 3:1-2]
The Municipal Court shall perform all of the functions, duties
and responsibilities and shall have such jurisdiction as granted to
it by the New Jersey Constitution, the Acts of the Legislature and
the Rules of Court governing New Jersey Courts, all as may be amended
and supplemented.
[2000 Code § 3:1-3.1]
The Judge of the Municipal Court shall be appointed by the Mayor
with the advice and consent of the Borough Council for a term of three
years and shall serve until his successor is appointed and qualified.
Any vacancy in the office of the Judge of the Municipal Court shall
be filled for the balance of the unexpired term.
[2000 Code § 3:1-3.2]
The Judge of the Municipal Court shall be an attorney-at-law
of the State of New Jersey and a resident thereof with a minimum of
five years experience as a New Jersey practicing attorney. The Judge
of the Municipal Court shall not be required to be a resident of the
Borough.
[2000 Code § 3:1-4; N.J.S.A. 2B:12-10; amended 11-15-2021 by Ord. No.
831-2021]
a.
The Municipal
Court shall have a Court Administrator who shall be appointed by the
Mayor who shall determine the salary. Such appointment and salary
shall be subject to the advice and consent of the Borough Council.
The appointment shall also be subject to the consent and approval
of the Assignment Judge of the Superior Court of the Vicinage or her/his
designee.
[Amended 5-11-2022 by Ord. No. 842-2022]
b.
Any person
holding office, position or employment as full-time administrator
of a municipal court, who is certified as such in accordance with
the rules promulgated by the Supreme Court, and who has held such
office, position or employment continuously for five years or more,
shall hold and continue to hold said office, position or employment
during good behavior and shall not be removed therefrom except for
good cause, and in accordance with the provisions of N.J.S.A. 2A:8-13.3
as the same may be amended [Reference: L.1975, c.39,s.1; amended 1997,
c.389, s.2.]
c.
The Municipal
Court may also have a Deputy Court Administrator who shall be appointed
by the Mayor with the advice and consent of the Borough Council. The
appointment shall also be subject to the consent and approval of the
Assignment Judge of the Vicinage or her/his designee. The salary of
the Deputy Court Administrator shall be fixed and determined by the
Mayor. The Deputy Court Administrator shall not acquire tenure in
said position.
d.
No person shall be appointed to the position of Court Administrator or Deputy Court Administrator, if any, unless such person holds a municipal court administrator certificate issued by the Supreme Court at the time of appointment except as otherwise permitted by law or Court Rule except as specified in Subsection f hereof. [Reference: N.J.S.A. 2B:12-11 (d); P.L. 2006, c.20]
[Amended 5-11-2022 by Ord. No. 842-2022]
e.
In addition
to the Court Administrator and the Deputy Court Administrator, should
there be one, there shall be such other employees as the Borough Council
may authorize. Any such employees shall be appointed by the Mayor
who shall also determine their salary in accordance with the current
salary ordinance. Any such employees may be removed in the same manner
and fashion as other employees of the Borough.
f.
Starting
on the fifth anniversary of the effective date of P.L. 2006, c. 20,
[that is, May 25, 2011] after a vacancy in the office of Municipal
Court Administrator, or Deputy Municipal Court Administrator, an individual
may be appointed who does not hold a municipal court administrator
certificate to serve as a municipal court administrator, or deputy
municipal court administrator on an interim basis, for a period not
to exceed one year commencing on the date of the appointment. Any
person so appointed may, in consultation with the Judge of the Municipal
Court, be reappointed as a municipal court administrator, or deputy
municipal court administrator on an interim basis, for two subsequent
one-year terms. The Municipal Court Administrator or Deputy Municipal
Court Administrator appointed on an interim basis may be reappointed
for a fourth, and, if necessary, a fifth additional one-year term,
provided such individual is currently enrolled in the certification
program and needs additional time to complete that program. [Reference:
N.J.S.A. 2B:12-11(e)]
[Added 5-11-2022 by Ord. No. 842-2022]
